Bob Berring and Tom Bruce – Twin sons of different mothers

A couple of weeks ago our friend and hero Tim Stanley from Justia gave his terrific free-resources presentation at our Advanced Legal Research class.  As an in-class exercise the next class session, we asked the students to briefly share some aspect of what they learned from Tim’s talk.  One student wrote:

I learned that there are a variety of free resources available besides Lexis & Westlaw.  I also learned that Oklahoma is actually one of the best states in terms of keeping their cases & statutes up-t0-date online.  One of the more fascinating things that I learned was that Cornell’s US Code online is probably the best free resource of the U.S. Code . . .

Since a question earlier in the quarter from a student about FDSys was followed up by an in-class answer by Public Printer Bob Tapella, we had to follow our student’s comment about the LII USC with a visit from the LII director! 

One of the joys of living in the San Francisco Bay Area for me is how, at some point or another, everyone passes through.  Last week Tom Bruce, from Cornell’s Legal Information Institute  was in town (we knew this from his Twitter stream) and so we tapped him to come and talk to our class.  Tom gave a terrific, inspiring talk to our class.  More on Tom’s visit here.  Tom is an incredibly dynamic and entertaining speaker — go hear him if you ever get the chance!

Tom’s talk focused on these three not-so-simple questions:

1) Why does anybody do legal research?
2) How much should it cost?
3) How good does it have to be?

Tom began the talk by showing the Bob Berring (also a dynamic and entertaining, not to be missed speaker) video that is making the law library rounds right now.

While Tom agrees with everything that Bob says (and I guess that I do too, although I wish that Bob had said “Lexis and West” rather than just “West”), seeing the Berring clip and then seeing Tom, well, the Dan Fogelberg Twin Sons of Different Mothers album came immediately to mind.  See for yourself the resemblance.

The gist of Tom’s talk is now online in a new video his LII has produced.

The LII blog has more about Tom’s visit, along with a number of related links, here

“Five guys at Cornell” have done some amazing things, and Tom gave a little preview of further good things under development.  Maybe high-stakes lawyers do need and will always need LexisNexis or Westlaw, but the rest of us and the entire world needs Tom and his LII.

Bibliographies of Legal Literature from Latin America

Over the past few years, The Latin American and Caribbean Journal of Legal Studies has published  annotated bibilographies of legal literature from a number of Latin American countries. Bibliographies exist for Argentina, Bolivia, Brazil, Chile, Dominican Republic, and Mexico.   The bibliogaphies are written by prominent jurists and professors from the U.S. and the region.

Latin American and Caribbean Journal of Legal Studies

http://services.bepress.com/lacjls/

Effective FOIA Requesting

Free resources: will they ever measure up?

Using the terminology of “hooks” instead of Tinkerbells, Bob Berring offers his opinion on commercial legal products, government web endeavors and free legal resources in a video posted here to a Thomson Reuters blog Legal Current: http://legalcurrent.com/2009/10/29/berring-on-free-legal-information/

I agree that the market for editorialized legal resources is something that will propel West and Lexis (and new-kid-on-the-block Bloomberg) into the future.  I also hope that pioneers like LII, Tim Stanley at Justia.com and Carl Malamud at PublicResource.org, and those who follow suit, will continue to take free resources to places and in directions we might not even be able to think of right now…straight on till morning.

A brief comment on the video from Cornell’s Legal Information Institute, a group who has been providing free access to legal resources for almost two decades can be found here.

“Unauthorized Copying and Sale by Westlaw and LexisNexis of Appellate Briefs…”

Earlier today, we blogged about two recent legal news items (here and here) on the copyright concerns regarding California Supreme Court appellate briefs appearing on Westlaw and LexisNexis.

As a follow-up, we have posted (with permission) the full text of the letter from attorney Edmond Connor, asking the court to amend Rule of Court 8.212.

The subject line for the letter reads: “Unauthorized Copying and Sale by Westlaw and LexisNexis of Appellate Briefs Served on Supreme Court Pursuant to Rule of Court 8.212.”

Court Struggles to Balance Public Access With For-Profit Interests

Court Struggles to Balance Public Access With For-Profit Interests

By Laura Ernde
Daily Journal
10/30/2009

“Three months after an attorney complained that the California Supreme Court was giving away valuable appellate briefs to for-profit firms, the court is still trying to figureout how to get itself out of the sticky copyright dilemma without reducing public access.”

This all began when attorney Edmond Connor contacted the court in July after finding his brief on Lexis (and not for free).  More on this here. Read the letter that he sent to Justice Ronald M. George and Mr. William C. Vickrey this summer.

Brief Fight Likely to End in Compromise

From tomorrow’s (Friday’s) San Francisco Recorder:

Brief Fight Likely to End in Compromise
The Recorder

By Mike McKee

October 30, 2009

The [California] Supreme Court sounds willing to end its practice of shipping briefs from all the state’s appellate cases to Westlaw and LexisNexis, which charge for them. An Irvine lawyer [Edmond Connor] saw a copyright problem…

Some more from the article:

‘Connor, who claims court briefs are lawyers’ copyrighted property, wrote again last Friday, urging the court to at least amend Rule of Court 8.212 — which requires lawyers to file either one electronic copy or four hard copies of their briefs with the high court — to instead require only one paper copy.

“Litigants will not have to incur the needless time and expense,” he wrote, “of providing the court with extra copies of briefs that the court simply discards — or gives away to vendors.”

Latin American Studies Full-Text Online

International Information Services has recently launched a subscriber ($) database of full-text journals from various disciplines, focsuing on Latin America. There appear to be only a handful of legal journals on their list of publications. For now, many of the items are available for free.  Spanish and English language content is planned.

LatAm Estudios Texto Completo en Línea / Latin American Studies Full-Text

http://www.latam-studies.com/

From the database description:

Ninety-five percent of the content is licensed from top Latin American and Caribbean institutions and universities. Much of the important scholarly content for Latin America comes from Latin America, yet little of it is included in the major U.S. or European scholarly indexing services. LatAm-Studies targets this content. We index for free-text searching and offer you the full-text of everything.

LatAm-Studies Full Text Online is a database service dedicated to the promotion and dissemination of research on Latin America and the Caribbean. We have licensed journals and other academic content of the most prestigious research institutions in the region and the world. Because we charge a subscription fee for access to the service, we are able to pay royalties to our content providers in order to help them thrive and to support continuing research. In addition, we keep our subscription fees at low cost to achieve the widest possible dissemination of content.

Country Coverage
LatAm-Studies.com brings together thousands of full-text reports on 46 countries.* Coverage includes all countries in South America, Caribbean, Central America and Mexico.

Subject Coverage
The reports included in the database cover a multitude of business, government, economic, and social issues.

Examples of specific subject coverage include finance, trade, environment, human resource development, history, languages, culture, bests practices in government, fisheries, tourism, education and research on women. An average study is 10 pages long and contains research, analysis and forecasts. Most contain statistical tables, charts, and/or graphs.

Document Browsing
Studies are arranged for easy browsing by subject, study provider, and alphabetical order.  In addition, all studies are indexed in a comprehensive database that is quickly searchable using free text. Each month, the home page highlights new and noteworthy studies and updates.

The database search engine offers advanced search features for experienced researchers while delivering excellent results for novices, because it forgives spelling errors and automatically stems. Users can browse by country to find country specific annual statistical overviews.  Multi-country and Latin America wide comparisons are also available.

ASEAN Intergovernmental Commission on Human Rights

On October 23rd, the Association of Southeast Asian Nations (ASEAN) officially inaugurated the ASEAN Intergovernmental Commission on Human Rights. The Terms of Reference that are the by-laws for the commission can be found at: http://www.aseansec.org/DOC-TOR-AHRB.pdf

Excerpts from the Terms of Reference:

PURPOSES

1.4 To promote human rights within the regional context, bearing in

mind national and regional particularities and mutual respect for

different historical, cultural and religious backgrounds, and taking

into account the balance between rights and responsibilities;

MANDATE AND FUNCTIONS

4.2. To develop an ASEAN Human Rights Declaration with a view to

establishing a framework for human rights cooperation through

various ASEAN conventions and other instruments dealing with

human rights;

MODALITIES

6.8 The AICHR is the overarching human rights institution in ASEAN

with overall responsibility for the promotion and protection of

human rights in ASEAN.

Additional information available at 

CHA-AM HUA HIN DECLARATION ON THE INTERGOVERNMENTAL COMMISSION ON HUMAN RIGHTS

http://www.aseansec.org/15thsummit/Declaration-AICHR.pdf

New GAO Report on Law School Cost and Access Issues

The U.S. Government Accountability Office (GAO) has recently released a new report titled “Higher Education: Issues Related to Law School Cost and Access.”

The report includes briefings the GAO made to the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) and to the  U.S. House of Representatives Committee on Education and Labor.

Interestingly, although multiple factors — such as the move to more “hands-on,” resource-intensive legal education methods –  may affect law school cost and access, American Bar Association (ABA) accreditation requirements “do not appear to be a major driver.”

For instance, according to the report, most law school officials “do not cite ABA accreditation standards as having an impact on minority access at their schools.”