Wisconsin State Law Library

Assembly and Senate journals can provide insight into past legislatures, as well as open a wonderful window to Wisconsin's history.

The David T. Prosser Jr. Library - our main library - has the journals in microfiche from 1848-1995 and print journals from 1836-1927. The Wisconsin State Law Library also provide easy online access from 1854-1981 to all of our library cardholders through LLMC Digital.

LLMC Digital allows you to search the full text of Senate and Assembly journals, as well as browse through them by year and volume. The journals include roll call data, motions, votes, statements, and speeches on bills from each chamber.

Older volumes may also include letters, committee reports, and financial records. Speeches and presentations preserved in the journals provide valuable insight into Wisconsin's past, such as this excerpt from the 1849 Senate Journal. In this report from the State Library committee, F. A. Sprague makes the case for the addition of a law library to the State Library collection and services. This law library would later become the State Law Library.

"A Law Library, containing the best elementary works not only upon the Common Law of England upon which our statutes are based, but also treatises upon the civil law, in the opinion of your committee, is a matter of very great importance to the State of Wisconsin. It would afford most important facilities to practitioners in our Supreme Court - it would be of great convenience to our Supreme Court Judges; and from these considerations it is evident that it would assist materially in the enlightened dispensation of justice..."

Our library has Wisconsin Legislative journals in the following formats. Ask a librarian for help!

Fake news is not a new phenomenon (see Washington Post opinion article, "Fake news? That's a very old story." by Robert G. Parkinson, November 25, 2016) and can be construed as humorous (see The Onion). The most recent election raised issues that the library profession takes very seriously. Librarians hope to educate patrons on finding credible and reliable sources. The following resources relate to information literacy and explore the emergent issue of fake news coming into the courts.

According to the American Library Association, information literacy is a set of abilities requiring individuals to "recognize when information is needed and have the ability to locate, evaluate, and use effectively the needed information." When in doubt, contact the librarians at the Wisconsin State Law Library to assist in your research.

Educational resources

• Alternative Facts and Fake News - Verifiability in the Information Society (International Federation of Library Associations and Institutions, January 27, 2017).
• How To Spot Fake News graphic
• How to Spot Fake News, Eugene Kiely and Lori Robertson November 18, 2016.
• Evaluating Information: The Cornerstone of Civic Online Reasoning (Stanford History Education Group, 2016).
• Post-Truth: Fake News and a New Era of Information Literacy (American Library Association Webinar, February 22, 2017).
• Webinar
• Evaluating Information - Applying the CRAAP Test (Meriam Library, California State University)
• Show Me the Learning: Navigating Information on Literacy through Multiple Life Perspectives, Alice B. Ruleman, Laura Horne-Popp, and Robert Hallis - Principles based on recommendations from the Association of Colleges and Research Libraries.
• Includes this graphic: The CRAAP Test
• Librarians, Information Literacy, and Fake News, Kathy Stein-Smith, Strategic Library, Issue 37, March 15, 2017.
• Truth, truthiness, triangulation: A news literacy toolkit for a "post-truth" world, Joyce Valenza , November 26, 2016.
• False, Misleading, Clickbait-y, and/or Satirical "News" Sources, Melissa Zimdars, 2016.

Law reviews

• Fake News, Free Speech, & The Third-Person Effect: I'm No Fool, But Others Are, Clay Calvert, 7 Wake Forest L. Rev. Online 12 (2017).

In the news

• Here's Why Facebook and Google Can't Fix the Fake News Problem, Mathew Ingram, March 29, 2017.
• Evaluating Sources in a ‘Post-Truth' World: Ideas for Teaching and Learning About Fake News, Katherine Schulten and Amanda Christy Brown, Jan. 19, 2017.
• What's the Legal Definition of "Fake News?" One Newspaper Publisher Might Sue to Find Out, Franziska Kues, Poynter, March 29, 2017.

Case law

• D Magazine Partners, L.P. v. Rosenthal, No. 15-0790 (Tex. Sup. Ct. 2017 ).
• Federal Trade Commission v. LeadClick Media, 838 F.3d 158.
• Self-Proclaimed Publisher of Fake News Sites Loses Circuit Appeal, Shari Claire Lewis, Dec. 19, 2016.

Cross border family issues can be a complex mix of treaties, uniform acts, case law, and local laws. The International family law desk book, by attorney Ann Laquer Estin, discusses transnational litigation, marriage, divorce, parental rights, custody, child support, adoption, and child welfare.

Each chapter provides an overview of the subject area and relevant laws and treaties, with a focus on transnational family issues in the United States. Highlights include:

• International judicial assistance, service of process, and discovery
• Enforcing judgments
• Marital consent and prohibitions
• Parallel divorce proceedings
• Marital agreements and financial or property orders
• Child custody and access rights
• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
• International child abduction
• Uniform Interstate Family Support Act (UIFSA)
• Adoption procedures from Hague Convention countries and non-Convention countries
• Children's immigration issues

The International family law desk book is available for checkout from the Wisconsin State Law Library.

Get the facts (and law) on reverse mortgage loans. A reverse mortgage is a home loan that lets you convert a portion of the equity in your home into cash. "The only reverse mortgage insured by the U.S. Federal Government is called a Home Equity Conversion Mortgage or HECM, and is only available through an FHA approved lender." (see: Home Equity Conversion Mortgages for Seniors)

Image credit

Online information

Consumer information on reverse mortgages (Federal Trade Commission)

Reverse mortgage questions & answers (Consumer Financial Protection Bureau)

Considering a reverse mortgage? (Consumer Financial Protection Bureau)

Types of reverse mortgages (Consumer Financial Protection Bureau)

Frequently asked questions about HUD's reverse mortgages

Reverse mortgages; 2012 report to Congress (Consumer Financial Protection Bureau)
Contains extensive information on the history, market and regulatory structure of reverse mortgage loans.

Library books and resources

• Elder Law - 18 Wisconsin Practice Series § 12:39 Reverse Mortgages (West Publishing)
• Advising Older Clients and Their Families - § 7.80 Reverse Mortgages (State Bar of Wisconsin)
• "Reversing Course: Strengthening Consumer Protections for Reverse Mortgages" 23 Elder Law Journal 417 (2016)

The law

• Wisconsin Statute s.138.058 "Reverse mortgage loans"
• Reverse Mortgage Stabilization Act, Public Law. 113-29
• Insurance of home equity conversion mortgages for elderly homeowners 12 U.S.C § 1715z–20
• Consumer Credit Disclosure – Reverse Mortgage 15 U.S.C. § 1648
• Proposed Federal Regulations: FR–5353–P–01 Federal Housing Administration (FHA): Strengthening the Home Equity Conversion Mortgage Program

When drafting a commercial lease agreement, entering into a new lease, or challenging provisions of a lease, you want access to authoritative information. Our Commercial Lease guide includes top books and online sources in our library for analysis and sample form language. 

Start Here: Commercial Leases book list and guide

Problems with neighbors can be fraught with emotion, as well as difficult to research. When we get questions about trees, boundary disputes, or fences one of our favorite books is Nolo's Neighbor Law: fences, trees, boundaries & noise. This book is written in plain language with the non-attorney reader in mind and provides overviews of the issues and sample letters.

August is National Breastfeeding Month and August 1-7, 2016 is World Breastfeeding Week. In recognition we have compiled this resource guide on Wisconsin and Federal laws regarding breastfeeding in public and in the workplace.

Compiled by Jaime Healy-Plotkin

Cover of  Your guide to breastfeeding

Cell phones - almost all of us have them. Many of us can agree that along with the convenience of a cell phone there are some problems as well.

An alcove in the reading room of the library regularly features rotating book displays on a variety of topics. Our recent installation is on art law. 

Advising the Elderly Client is a 4 volume set dedicated to a host of legal issues that aging adults face in today's world. In broad terms, it focuses on finances, health, and discrimination. Additionally, it includes a section on grandparent rights and kinship caregivers. It includes a surprisingly robust set of forms available on CD, containing more than 100 sample documents.

The authors introduce the researcher to an overview of elder law practice, including establishing your practice, ethical considerations, consumer issues, and daily living problems of aging clients. The majority of 2 volumes deal with financial issues. These topics span from financial and estate planning to dealing with a variety of benefits, retirement plans, as well as tax and insurance issues.

You will also find analysis of long-term care, assisted living, skilled nursing care, inpatient hospital services, hospices, in addition to paying for health care. Medicare and Medicaid coverage, claims, and administrative proceedings are also addressed. The final volume examines discrimination against the elderly. The subjects range from employment and age discrimination to disability discrimination and access to accommodations.

For more information, you can review the content notes in the catalog record for a detailed listing of the variety of issues presented in this title.

If you regularly refer to the State Bar of Wisconsin's title Advising older clients and their families, consider reviewing this larger set to expand your research.

According to the Wisconsin Realtors Association, "sales of existing homes grew rapidly in January, which is putting strong upward pressure on prices." Whether you are searching for resources for a client or looking to sell your own home, the Wisconsin State Law Library can help you find information.

Articles about selling in this market

• State housing market off to strong start in 2016 Milwaukee Journal Sentinel, 2/22/2016
• Wisconsin Housing Statistics Wisconsin Realtors Association
• Why home buying is (or isn't) like dating National Realtors Association, 2/8/2016

Helpful websites

• WSLL Legal Topics
• Real Property Law
• Contract Law
• Consumer Protection
• Multiple Listing Services (MLS)
• MLS Cloud, national network of MLS websites
• Wisconsin Homes, South Central Wisconsin covering Dane, Sauk, Columbia, Rock, Dodge, Iowa, Green, Lafayette, Grant, and Richland Counties. Includes portions of Jefferson, Crawford, Vernon, Juneau, Monroe, Adams, Marquette, Green Lake, and Waushara Counties
• WiHomes, Metro Milwaukee area
• Central Wisconsin Board of Realtors
• For Sale By Owner
• South Central MLS public record search
• Dane County example
• Wisconsin Realtors Association
• National Association of Realtors
• Wisconsin Department of Safety and Professional Services
• Real Estate Broker, licensing and regulations
• Real estate contractual forms

Resources in the library

• Start Here Guide: Real Estate

Two exciting new databases have been purchased by the State Law Library, available through HeinOnline.

NCCUSL - National Conference of Commissioners on Uniform State Laws

Before the Wisconsin State Legislature votes on a "uniform law," the National Conference of Commissioners on Uniform State Laws has spent at least two years discussing and refining language that is eventually offered to the states for consideration. The documents produced in this process - such as issue memos, drafts and final rules are all part of the online NCCUSL archive on HeinOnline. This valuable database includes access to the all acts, including new proposals, such as the Revised Uniform Fiduciary Access to Digital Assets Act (Dec. 2015) and long-standing laws, such as the Uniform Securities Act (1949).

National Survey of State Laws

Attorneys and researchers often need to compare laws across many states. The National Survey of State Laws reviews the most popular legal topics and provides statutory references and brief explanation of the law in each state. Topics include lemon law, minimum wage, adverse possession, divorce, and gun control to name a few. Access on HeinOnline includes prior editions, back to 1993.

As ridesharing becomes more popular, the need to research these services grows. This resource list is current as of January 2016.

Where do you go when you need to write a social media policy – for your employees or to guide your business or agency’s use of these sites and apps? We have books and databases that can help.

Federal Habeas Corpus Practice and Procedure helps attorneys navigate post conviction procedure. Organized according to the steps that a petitioner typically would take in a habeas corpus case, the book is easy to follow. It begins with post-conviction remedies and subject-matter jurisdiction, and then continues with the filing of the petition, pre-filing and post-filing stays, various pleadings that may be filed, proceedings that may be held, procedural defenses, post-judgment proceedings, and appeals. 

Bankruptcy Law Reporter (Wolters Kluwer / CCH) is a comprehensive guide for the bankruptcy practitioner. This 3 volume set includes coverage of new developments in case law, legislative changes, and state exemptions. Volume 2 serves as a practice guide to navigate case administration and management of the bankruptcy estate. Volume 2 also includes individual chapters dedicated to different types of bankruptcy actions and sections dedicated to rules of practice and forms. 

West's Wisconsin Statutes Annotated pulls together several essential research tools in one convenient location. In addition to statutes, constitutions, and court rules, it includes complete history notes, committee comments, court decision summaries, law review citations, and references to related practice aids, legal encyclopedias, and treatises. When conducting legislative history research, save time by relying on two unique features of the history note: prior laws (previous numerations) and effective dates of related acts. Another defining element of the Statutes Annotated is the growing collection of "Notes of Decisions," or case annotations, grouped by points of law. Notes of decisions will also have key number topics to broaden your case research using West's Wisconsin Key Number Digest.

Black's Law Dictionary defines "exculpatory evidence" as evidence tending to establish a criminal defendant's innocence. The authoritative text on exculpatory evidence is Exculpatory Evidence: the accused's constitutional right to introduce favorable evidence. Written by renown experts Edward J. Imwinkelried, UC Davis School of Law and Norman M. Garland, Southwestern University Law School, it is now in its third edition.

This detailed treatise offers a comprehensive examination of a defendant's right to present exculpatory evidence. Criminal defense attorneys will appreciate the commentary on successful trial defense strategies and ways to improve the effectiveness of their arguments.

Newer counsel and seasoned litigators will benefit from reading the introductory chapter on the English common law behind the accused's right to present a defense and how it developed into a constitutional standard in American case law. Subsequent chapters break down individual rules such as:

In a library full of multi-volume treatises the smaller books can sometimes get overlooked. Such is the case with Legal research in Wisconsin, by Theodore A. Potter (former State Law Librarian Jane Colwin was also a contributor).

The first two chapters give a concise overview of the history and structure of the Wisconsin Court System, published and unpublished opinions, and case research. The rest of the book includes chapters on statutory research, legislative histories, court rules, administrative law, local laws, and the Wisconsin Constitution.

What's invaluable about this book is the comprehensive coverage information for each type of legal authority source. This book is frequently used for its detailed information about where historical sources of the law are published or archived.

For example, the chapter on statutory research includes title variations and date ranges for older versions of the statutes and their accompanying materials. These references can be very helpful when digging into an older history question. Has it been a while since you researched a Wisconsin Court Order from a statute's history note? Start with this book to learn how those are created and where to find the background materials.

Pair this volume with Wisconsin legal research. Written by law librarians Patricia Cervenka and Leslie Behroozi, this book provides an overview of basic sources and strategies on the Wisconsin Constitution, Statutes and court rules, administrative law, and case law. Published in 2011, this book has more information on recent online access to law sources, including popular databases like Westlaw and HeinOnline.

The next time you need to step outside of your research comfort zone, turn to one of these books to get up to speed quickly on your topic and find the sources you need fast.