Library hours for spring break 2015

We will have slightly shorter hours next week over spring break:

Saturday, March 14: 9 am – 6 pm

Sunday, March 15: 9 am – 6 pm

Monday, March 16−Thursday, March 19:  8 am – 11 pm

Friday, March 20: 8 am – 8 pm

Saturday Mar 21 9 am – 6 pm

As always, you will continue to have access to Harvard e-resources offsite using your HUID and PIN. You can ask us questions by email, chat, and text as well as find frequently asked library and research questions at our Ask a Librarian site.


New Book Review Blog: The New Rambler

The New Rambler: an Online Review of Books may be of interest to our community. The New Rambler “publishes reviews of books about ideas, including literary fiction” and reviews to date cover books about history, opera, and philosophy.

While the topics are broad, the editors and reviewers include some familiar names in the law school world: The New Rambler’s editors include our own Adrian Vermeule, John H. Watson Professor of Law, as well as the University of Chicago Law School’s Eric Posner. In addition, HLS’s Cass Sunstein is one of the authors in the initial batch of reviews.

Check it out!

New series: Scanning Nuremberg

We’re pleased to announce a new series to our blog: Scanning Nuremberg.

Scanning Nuremberg will share the observations and insights of Matt Seccombe, Nuremberg Trials Project Metadata Manager/Document Analyst, as he analyzes documents for digitization as part of the HLS Library’s Nuremberg Trials Project website. Matt shares not only the statistical progress of the project and behind-the-scenes of digitization, but insights into patterns of the cases, topics of testimony, ghosts of missing text, and mysterious phrases. We hope you’ll find his monthly observations as fascinating as we do.

Look for the first official post early next week; we’ll update every two weeks until we get caught up with Matt!

More about the Nuremberg Trials Project:

Court in session at the Nuremberg Trials, olvgroup12379

Court in session at the Nuremberg Trials, Record Identifier: olvgroup12379

The Harvard Law School Library holds approximately one million pages of documents relating to the trial of military and political leaders of Nazi Germany before the International Military Tribunal (IMT) and to the twelve trials of other accused war criminals before the United States Nuremberg Military Tribunals (NMT). We have already digitized NMT 1 (U.S.A. v. Karl Brandt et al.), NMT 2 (U.S.A. v. Erhard Milch), and NMT 4 (U.S.A. v. Pohl et al.), and we’re in the process of digitizing our remaining holdings. We expect to have NMT 3 (The Judges’ Trial) completed and available to the public by the summer of 2015.

Although the digitization of the remaining trials will also be complete by the end of this year, they will require analysis and tagging work before they can be released to the public.  We hope to complete this work as soon as possible based upon available funding. For more information about this project, please contact Kim Dulin.

New e-Resources

The Harvard Library has an astounding number of resources, with new titles coming in every day! For help efficiently navigating it all, make an appointment to meet with a librarian or contact the Reference Desk.

Among our newest e-resources:

Note: “about” descriptions are taken from the resources themselves.

Flora of New Zealand

About: Our goal is to provide New Zealand with a dynamic, continually updated, electronically-based Flora. It will be based on new systematic research and will bring together information from our network of databases and online resources. Users will have easy access to the most authoritative, accurate, and up to date information on New Zealand plants.

The electronic Flora of New Zealand covers the New Zealand botanical region and includes flowering plants, gymnosperms, ferns, and bryophytes. It includes naturalized as well as indigenous plants.

Oxford Handbooks Online. Literature

About: Oxford Handbooks Online brings together the world’s leading scholars to write review essays that evaluate the current thinking on a field or topic, and make an original argument about the future direction of the debate. The Oxford Handbooks are one of the most successful and cited series within scholarly publishing, containing in-depth, high-level articles by scholars at the top of their field.

CMIE States of India

About: A Comprehensive compilation of State-level Statistics, supported by Official Statistical documents from State governments. From the Centre for Monitoring Indian Economy.

Digitalia Hispanica

About: a Hispanic Database of ebooks and ejournals where you will find the broadest access to high-quality content in Spanish Language. Thousands of ebooks from the most renowned Spanish and Latinamerican Publishing Houses, as well as relevant journals that cover all topics of interest.

Justice with Michael Sandel

About: JUSTICE is the first Harvard course to be made freely available online and on public television. Nearly a thousand students pack Harvard’s historic Sanders Theatre to hear Michael Sandel, “perhaps the most prominent college professor in America,” (Washington Post) talk about justice, equality, democracy, and citizenship.

Oliveira Lima Library

About: Originally the personal library of the Brazilian diplomat, historian, and journalist Manoel de Oliveira Lima–the Oliveira Lima Library–has long been regarded as one of the finest collections of Luso-Brazilian materials available to scholars. Now this collection of rare and unique pamphlets is more available than ever, thanks to Gale’s partnership with the library to digitize this content and present it in their new archive, Brazilian and Portuguese History and Culture: The Oliveira Lima Library. Spanning the “long” 19th century, this collection turns the spotlight on Latin America’s largest and most influential power, covering topics such as colonialism, the Brazilian independence period, slavery and abolition, the Catholic Church, indigenous peoples, immigration, ecology, agriculture, economic development, medicine and public health, international relations, and Brazilian and Portuguese literature.

Southeast Asia Digital Library

About: The Southeast Asia Digital Library (SEADL) exists to provide educators and their students, as well as scholars and members of the general public, with a wide variety of materials published or otherwise produced in Southeast Asia. Drawn largely from the collections of universities and individual scholars in this region, the SEADL contains digital facsimiles of books and manuscripts, as well as multimedia materials and searchable indexes of additional Southeast Asian resources. Nations represented in the collection include Brunei, Cambodia, East Timor, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam.

AAPG [American Association of Petroleum Geologists] Datapages

About: Acting as the digital publisher for AAPG and the geoscience community, Datapages archives and catalogs geological publications and offers them for purchase in multiple electronic formats, including the services of the Archives, Search and Discovery, and Datapages Exploration Objects (DEO).

Digitalia Film Library

About: Digitalia presents its Film on stream service for Libraries with the best cinema and documentary collections from Europe and the Americas. Genres include action, adventure, musicals, and westerns. Documentary collections include anthropology, social commentary, history, and travel.

Wiley-Blackwell Encyclopedia of Human Evolution

About: This comprehensive A to Z encyclopedia provides extensive coverage of important scientific terms related to improving our understanding of how we evolved. Specifically, the 5,000 entries cover evidence and methods used to investigate the relationships among the living great apes, evidence about what makes the behavior of modern humans distinctive, and evidence about the evolutionary history of that distinctiveness, as well as information about modern methods used to trace the recent evolutionary history of modern human populations. This text provides a resource for everyone studying the emergence of Homo sapiens.

You can also view our list of recently activated e-journals.

Downton Abbey and the Campbell Divorce Case

Hugh "Shrimpy" MacClare

Hugh “Shrimpy” MacClare

Post by Mary Person and Meg Kribble

Warning: this post contains spoilers through the February 22 broadcast of Downton Abbey in the United States!

Like many of you, we at the library enjoy watching and discussing the ITV/PBS Masterpiece series Downton Abbey. We’re always ready for a good story involving an entail! One of the issues that captured our attention more recently is the impending divorce (gasp!) between Hugh “Shrimpy” MacClare, Marquess of Flintshire, and his thoroughly unpleasant wife Susan. As we saw last week, even the threat of a divorce by the handsome Atticus Aldridge’s mother Lady Sinderby was enough to silence the perpetually dour Lord Sinderby into allowing the marriage of his son and Lady Rose MacClare to proceed.

In Victorian and Edwardian England, divorce was a source of shame and embarrassment, even a stain on the family name itself. The scandal of divorce among aristocrats caught the attention of everyone else, and provided sources of titillating reading along with public humiliation. Even now those stories live on in books and blogs. We discovered a modern account of one scandalous 19th-century  true story of the love, marriage, adultery, and divorce of one Lord and Lady Colin Campbell in the late nineteenth century at Rejected Princesses. (You can read more about her interesting biography at the Oxford Dictionary of National Biography.)

Lady Colin Campbell

Lady Colin Campbell, seq. 9 from The Campbell Divorce Case

As it happens, HLSL has an 1887 copy of The Campbell divorce case. Copious report of the trial. With numerous portraits of those concerned, drawn from life. With numerous portraits of those concerned, drawn from life, part of our collection Studies in Scarlet: Marriage & Sexuality in the U.S. and U.K. 1815-1914. Take a look at the digitized version. If nothing else, we recommend reading the scathing social commentary in the single-page preface to this case, brought to our attention by our colleague John Hostage. With commentary like “the skeleton of Society is there stript of its meretricious gloss and glitter, and laid bare to the public gaze in the full horror of its festering hideousness,” you’ll understand why divorce was the last thing socially-conscious aristocratic families wanted tarnishing their good names!

Fun bonus trivia: the Campbell case is the source of the phrase “what the butler saw.” During the trial, the entire jury visited the Campbell home to evaluate whether the butler could have seen Lady Campbell and a companion through a keyhole.

Fair Use and News Reporting – A Fair Use Week Post

Fair Use and News Reporting

Guest post by Leigh Barnwell (J.D. Candidate, Class of 2015, Harvard Law School)

News reporting is supposed to be one of the paradigmatic uses protected as fair under US copyright law. It’s listed right in the preamble to the statute that the “fair use of a copyrighted work . . . for purposes such as . . . news reporting . . . is not an infringement of copyright.” 17 U.S.C. §107 (emphasis added). But in recent years it has become increasingly common for news organizations to be expected to pay licensing fees in order to use copyrighted images – including photographs depicting major newsworthy events – as part of their reporting. And this common practice now seems to be affecting the legal analysis of the scope of the fair use right enjoyed by the press.

These issues are at the heart of a dispute between Fox News Network and the New Jersey Media Group (publisher of several New Jersey newspapers) currently being argued in the Southern District of New York. The case is North Jersey Media Group Inc. v. Jeanine Pirro and Fox News Network, LLC.  The litigation arose out of a social media post made in 2013 to honor the anniversary of 9/11. On September 11, the Fox News show, Justice with Judge Jeanine, posted a composite image to its Facebook page that combined two iconic photographs side-by-side—one showing a group of firefighters hoisting an American flag at amidst the wreckage of the World Trade Center on, and the other showing four American marines in a strikingly similar pose raising the flag on Iwo Jima. The combined image already existed online, but the Fox News staff added the hashtag #neverforget to the image before posting it. In response, the New Jersey Media Group, copyright holders of the 9/11 photograph, brought suit for infringement. Earlier this month, the District Court denied Fox News’ motion for summary judgment, determining that they could not rule as a matter of law that the posting qualified as fair use.

A couple of things are particularly striking about the court’s opinion. Perhaps the most significant is that it jumps immediately to analyzing the four statutory factors for assessing whether a particular use qualifies as fair, and skips over the preamble language at the beginning of §107, outlining the paradigmatic purposes that fall within the fair use exception – the language that identifies news reporting as exactly the kind of use that would typically qualify. By leaving this language out of its analysis, the court ignores the special solicitude that Congress has shown to news reporting (along with teaching, scholarship, research, and other similar uses) by identifying it in the statute as the sort of use that should typically be protected under the doctrine.

This omission also informs the way the court conducts its fair use analysis under the four factors outlined in the statute. If we know that news reporting is characteristically the kind of use that should not be found infringing, that knowledge should shape the way we consider it under the four factors – and if our analysis under the four factors indicates that news reporting wouldn’t qualify as a fair use, then that may be a signal that we are interpreting the factors incorrectly or too rigidly, or applying them inappropriately in the particular context of reporting.

Here, because the court never considered whether Fox’s post qualified as news reporting, its analysis under the first factor—the purpose and character of the defendant’s use—wasn’t guided by the particular concerns that animate uses for news reporting. Instead the court focused on precedents—Cariou v. Prince, 714 F.3d 694 (2d Cir. 2013) and Blanch v. Koons, 467 F.3d 244 (2d Cir. 2006)—that analyze fair use in the context of visual art. In those earlier cases, the Second Circuit had found that most of the artworks that appropriated copyrighted photographs were protected by fair use because the final works created were “fundamentally different and new,” Cariou, 714 F.3d at 706, or the artist had altered the original photographs to the point that they were “barely recognizable,” id. at 710.

This emphasis upon transformation makes sense when a court is assessing the purpose and character of a defendant’s use in the context of appropriation art. But as Kevin Smith pointed out in a fantastic post during the first Fair Use Week last year, transformation doesn’t make sense in the context of news reporting and many other public purposes that we nonetheless consider to be fair. Indeed, news reporting would be completely undermined if members of the press were required to transform or alter the newsworthy materials they were trying to disseminate to the public to the extent required in Cariou and Prince; since the purpose of news reporting is sharing accurate information, it doesn’t make sense to require transformation in order to consider the use fair.

The impact of licensing culture is most directly visible in the court’s analysis of the fourth fair use factor – the impact on the potential market for the original work. While acknowledging that the loss of a single licensing fee was not enough to tip the factor against fair use (because then it would always do so), the court found that Fox’s use would likely encourage other news media outlets not to seek licensing fees, thereby damaging the “primary market for the photograph.” Leaving aside that the firefighter photo does have a market beyond news media (which a quick Google search will confirm), the loss of licensing fees from parties whose use is at the core of the statutory fair use protection should not be relevant to the market assessment under the fourth factor. The fact that the court identifies the lost revenues from other news outlets as a significant financial harm that weighs against a finding of fair use in this case shows just how deeply the culture of licensing fees has pervaded the legal analysis of media fair use claim. These fees are something the court thinks a copyright holder has a right to collect, which would only be true if these uses aren’t protected as fair—which we know they are supposed to be!

Because the court focused so heavily on the four fair use factors and failed to address the special importance of news reporting head on, it missed what is arguably a more interesting and important question in the case, namely whether this Facebook post by a major media outlet – likely indistinguishable from hundreds of other tributes posted the same day – constitutes news reporting, and where the boundary of news reporting lies in the age of social media. It may be that Fox’s post shouldn’t be considered news reporting and therefore shouldn’t be entitled to the fair use protections that historically accompany that function. But by failing to address that question directly and by failing to account for the different purposes of news reporting in its analysis of the four statutory factors, this opinion advances the erosion of fair use protections for the press in a way that all media outlets should be concerned about. Different uses are protected as fair for different reasons – and it’s crucial that courts acknowledge and understand that fact as they apply the law.

Leigh Barnwell is a 3L at Harvard Law School, where she serves as a member of the Board of Student Advisers, an Executive Submissions Editor for the Journal of Law and Gender, and Copyright Fellow for the Office for Scholarly Communication. Before coming to law school, she studied English and Economics at Stanford University, received a Masters with Distinction in English from the University of Edinburgh in Scotland, and worked for several years in the Books Editorial Department of Duke University Press. She spent her 1L summer at Public Knowledge, a DC-based non-profit that works on IP, tech, and communications policy, and her 2L summer at Patterson Belknap Webb & Tyler in New York City. 

Faculty Book Talk: I. Glenn Cohen’s, Identified Versus Statistical Lives, Wednesday, March 11 at noon

The Harvard Law School Library staff invites you to attend a book talk and panel discussion in celebration of  Professor I. Glenn Cohen’s recently published book with co-editors Norman Daniels and Nir Eyal, Identified Versus Statistical Lives:  An Interdisciplinary Perspective.

Free download of the introduction from SSRN!

Wednesday March 11, 2015, 12:00 noon.

Harvard Law School, Room WCC 2012. (Directions).

Sponsored by the Harvard Law School Library.

Lunch will be served.  

Four copies of the book will be given away during this book talk.

I. Glenn Cohen is Professor of Law at Harvard Law School, and Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics. He is one of the world’s leading experts on the intersection of bioethics (or medical ethics), and the law, as well as health law. He also teaches civil procedure. Prior to becoming a professor, he served as a law clerk to Judge Michael Boudin of the U.S. Court of Appeals for the First Circuit and as a lawyer for U.S. Department of Justice, Civil Division, Appellate Staff, where he handled litigation in the Courts of Appeals and in the U.S. Supreme Court. He was selected as a Radcliffe Institute Fellow (2012-2013) and by the Greenwall Foundation to receive a Faculty Scholar Award in Bioethics. He also leads the Ethics and Law initiative as part of the multi-million dollar NIH funded Harvard Catalyst for The Harvard Clinical and Translational Science Center program. Professor Cohen is the author of more than 60 articles and chapters, and his award-winning work has appeared in leading legal law review journals including: Stanford, Cornell, and Southern California; medical journals including the New England Journal of Medicine, and JAMA; bioethics journals including the American Journal of Bioethics, the Hastings Center Report; and for public health, the American Journal of Public Health. He is the editor of The Globalization of Health Care: Legal and Ethical Issues (Oxford University Press, 2013).

Identified Versus Statistical Lives  Poster

“On August 5, 2010, a cave-in left thirty-three Chilean miners trapped underground. The Chilean government embarked on a massive rescue effort that is estimated to have cost between ten and twenty million dollars.  There is a puzzle here. Many mine safety measures that would have been more cost effective had not been taken in Chile earlier, either by the mining companies, the Chilean government or by international donors. The Chilean story illustrates a persistent puzzle: the identified lives effect. Human beings show a greater inclination to assist persons and groups identified as those at high risk of great harm than to assist persons and groups who will suffer — or already suffer — similar harm but are not identified as yet. The problem touches almost every aspect of human life and politics: health, the environment, the law.  What can social and cognitive sciences teach us about the origin and triggers of the effect? Philosophically and ethically, is the effect a “bias” to be eliminated or is it morally justified? What implications does the effect have for health care, law, the environment and other practice domains?  This volume is the first book to tackle the effect from all necessary perspectives: psychology, public health, law, ethics, and public policy.”  — Oxford University Press

Book talk panelists include:

Norman Daniels



Professor Norman Daniels is Mary B. Saltonstall Professor of Population Ethics and Professor of Ethics and Population Health, Department of Global Health and Population, Harvard School of Public Health.

Nir EyalProfessor Nir Eyal is Associate Professor of Global Health and Social Medicine (Bioethics) at the Harvard Medical School. He is also appointed at the Harvard TH Chan School of Public Health Department of Global Health and Population, and at the Harvard University Program in Ethics and Health.



Coming soon: a new roof for Langdell Hall!

IMG_7059Close observers may have noticed the scaffolding and yellow clips around the top of Langdell Hall. We’re excited to share the news that the reason for them is that the Library is planning for a new acquisition this summer in the form of a new roof for Langdell Hall. We’re very much looking forward to having a fresh covering to keep both our collection and our patrons well protected.

Construction will begin right after Commencement and is projected to finish around Thanksgiving. As you might guess, there will be some noise disruption involved with this project. As we get closer to the start of the project, we’ll post additional information about noise mitigation measures.

Students: find a library liaison!

If you’re a student working on a journal or doing research for a faculty member, where do you start when you need help from the library?

One thing you can do is contact your journal’s or your faculty member’s official library liaison, who may already be familiar with their work or ongoing projects. But how do you find out who that is? For journal liaisons, visit the For Students section of our website, and select Journal Library Liaisons. To find your faculty member’s liaison, visit the For Faculty section of our website and type the faculty member’s name into the liaison finder form.

(You can, of course, also head to our Ask a Librarian page and contact us by phone, email, text, or chat. You can also request a research consultation for any kind of paper or project you are working on, be it for a journal or faculty or for your own research.)

852 Rare: Libelous Kentucky Broadsides

In politically polarized times such as these, when it feels like election season is endless and the mudslinging between political parties is relentless, it’s easy to despair. It may seem that we’ve reached a new low in politics, but our colorful— and at times violent— historical record reminds us this is hardly the case.

The broadsides shown below come from a 1941 Harlan County, Kentucky election. Insults and wild accusations were hurled by both opponents, which ultimately resulted in a libel case.

A message to all the good truth-loving, taxpaying, church people of Harlan county; Howard, J. B. M., [S.l. : s.n., 1941], HOLLIS 4006542.

A message to all the good truth-loving, taxpaying, church people of Harlan county; Howard, J. B. M., [S.l. : s.n., 1941], HOLLIS 4006542.

The secrets of Squire J.B.M. Howard's suicides and self defense., Keller, John, [S.l. : s.n., 1941], HOLLIS 4029348.

The secrets of Squire J.B.M. Howard’s suicides and self defense. : I want to ask you voters if you…, Keller, John, [S.l. : s.n., 1941], HOLLIS 4029348.














After accusing each other of an array of offenses that range from dishonesty to drunk driving to bootlegging to murder, the candidates eventually had to sum things up for voters:

A message to all the good truth-loving, taxpaying, church people of Harlan county; Howard, J. B. M., [S.l. : s.n., 1941], Detail of HOLLIS 4006542.

A message to all the good truth-loving, taxpaying, church people of Harlan county; Howard, J. B. M., [S.l. : s.n., 1941], Detail of HOLLIS 4006542.

The secrets of Squire J.B.M. Howard's suicides and self defense., Keller, John, [S.l. : s.n., 1941], Detail of HOLLIS 4029348.

The secrets of Squire J.B.M. Howard’s suicides and self defense., Keller, John, [S.l. : s.n., 1941], Detail of HOLLIS 4029348.

Although we have not been able to locate the results of this Harlan County election, we can learn something about the alternately spirited and vicious nature of Eastern Kentucky politics from this material. The accusations in the broadsides are part of a long history of election violence in the area, though these particular claims may in fact be false.

Interestingly, it seems that Harvard Law School’s Professor Zechariah Chafee probably gave these broadsides to the library. You can see his name penciled in the margins, as well as the date the broadsides were acquired by the library—November 15, 1947. Historical & Special Collections holds Professor Chafee’s professional papers, the contents of which you can explore through the collection’s finding aid. This material relates to Chafee’s work as a law teacher, legal scholar, and defender of civil liberties.