Will Knowledge and People Converge?

In today’s HuffPo, Paul Lippe (Legal OnRamp founder) interviews David Curle (legal information market analyst) in “Will Knowledge & People Converge?”

The interview moves through key trends and recent history in the legal information and publishing sector (including the latest improvements offered by the ‘big guys’ at Westlaw and Lexis).

Then the discussion shifts to the impact of Google Scholar’s free case law on the legal information market:

“It’s revolutionary in the sense that the general public now has easy access to the law of the land, something that was surprisingly hard to obtain before.”

Curle mentions the FastCase iPhone app that allows free searching of its database.   The days of charging for ‘just access’ to primary legal materials are coming to a close.    And, welcome to the generation of data.gov and law.gov:

“Law.gov has the ambition of making all primary US legal material available in standardized, machine-readable formats that can be incorporated into new kinds of information products.”

. . . .

“open access to legal sources will spur the creation of new markets for legal information among consumers, and even more so among non-lawyer professionals who need to understand a narrow field of that they work with all the time. Expect to see new products and services built on top of the free legal information that will make the law more accessible to those new markets.”

And, speaking of new products building on free content.  Curle moves on to discuss SpindleLaw.

“They are building, in a kind of collaborative, Wiki-like way, a database of the legal rules that lawyers find in court decisions and in legislation. Their idea is that it’s pretty inefficient to get to those rules by searching and reading long court opinions. They are extracting and organizing the rules with links to the legal sources. They have a long way to go to prove that the concept works, but I like the way they are trying to turn the research process on its head.”

These are very interesting times.

Daniel Webster Congressional Clerkship Act – Empirical Support

The Daniel Webster Congressional Clerkship Act is again winding its way through Congress (H.R. 151 and S. 27).   This legislation would create a law clerk program in Congress much like judicial clerkships for recent law school graduates.

In the Washington University Law Review, Dakota S. Rudesill, who has written on this topic before, argues for this legislation with new empirical support.

In “Closing the Legislative Experience Gap: How A Legislative Clerk Program Will Benefit the Legal Profession and Congress,” Rudesill writes:

“[T]his legislation may die in the Senate as it did last session, unless the legal profession and Congress come to a better and more broadly held understanding of a congressional clerkship program’s potential benefits.

One is that over time it would begin to correct the profound comparative lack of legislative work experience among the legal profession’s leaders that my empirical research has identified. Here, I present new data demonstrating that the incidence of legislative work experience among the profession’s top 500 lawyers, as ranked by Lawdragon.com, trails badly behind experience working for courts, government executive bodies, in private practice, and in academe. These empirical findings supplement my study in this publication in 2008, which focused on federal appellate jurists and law professors at Top 20 law schools.

I argue that closing the legislative experience gap ultimately will benefit the profession and Congress by helping both of these key legal players better understand-and take more seriously-an under-appreciated reality: legislative work is legal work. I conclude by refuting objections, and encouraging lawyers to engage with Congress in support of the bill.”

The comment has some fascinating statistics.  For example, “less than 4 percent” of the “legal superstars” (from lawdragon.com) have worked inside a legislature.   “Academic experience is more than four times as common, private practice and judicial experience are nearly six times as common, and executive branch government experience is nearly seven times as common.”

The article closes with a plea to contact your Senator and ask for their support of S.27, along with a single page download that summarizes the legislation.

Book – Greening Justice: Creating and Improving Environmental Courts

The University of Denver has posted an online version of the following book on environmental courts in foreign countries.

Greening Justice: Creating and Improving Environmental Courts

George Pring and Katherine Pring

Access Initiative, 2009

http://www.law.du.edu/documents/ect-study/greening-justice-book.pdf

Book description:

Over the last three decades judicial institutions in some

countries have responded to environmental challenges

in innovative ways. Perhaps the best example is the

Green Bench of the Supreme Court of India that hears

public interest environmental cases filed by citizens.

In other countries, Governments have set up specialized

environmental courts and tribunals. The Land and

Environment Court of New South Wales, Australia, is a

leading example of a specialized court. Over 350 specialized

environmental courts and tribunals have been

established in 41 countries.

Nevertheless, most citizens still lack adequate access to

justice. Comparative research to help us with a deeper

understanding of the capabilities and impact of these

institutions is almost non-existent. Greening Justice:

Creating and Improving Environmental Courts and Tribunals

seeks to fill this knowledge gap in the hope that all

those involved in creating or improving these specialized

institutions will have the benefit of a growing body

of global experiences.

George and Catherine Pring, a professor at the University

of Denver Sturm College of Law and a professional

mediator, respectively, from Colorado, authored this

volume based on field research they completed over the

last two years. They have interviewed judges, lawyers,

litigants, officials, and civil society representatives in

dozens of countries to unravel the key characteristics —

the “building blocks” — which contribute to making

environmental courts and tribunals effective in providing

citizen access to justice in environmental matters.

They identified 12 such characteristics and present them

with examples of successes and failures from around

the world. For those involved in creating or improving

environmental courts and tribunals, one of the most

useful aspects is the examples of best available practices

relating to each of the 12 characteristics. The volume

also provides a framework against which to assess existing

or proposed institutions.

Book: French-American Network for the Internationalization of Law

The Januray 28th issue of Recueil Dalloz includes an interview in French with Professor Mireille Delmas-Marty discussing her work with the French-American Network for the Internationalization of Law; there are also Franco-Brazilian and Franco-Chinsese networks. In the interview she mentions a book she edited with Justice Stephen Breyer.

Regards croises sur l’internationalizaation du droit: France-Etat-Unis

Paris : Société de législation comparée, 2009

ISBN: 978-2-908199-79-6
http://www.lgdj.fr/colloques-etudes-rapports/229059/regards-croises-internationalisation-droit-france-etats

 Interview citation:

Le réseau internationalisation du droit: entretien trois questions a Mireille Delmas-Marty.

Recueil Dalloz 2010 #4/7409  page 248.

Librarians’ obituaries as inspiration

I became interested in librarians while researching my first book, about obituaries.  With the exception of a few showy eccentrics, . . . , the most engaging obit subjects were librarians.  An obituary of a librarian could be about anything under the sun, a woman with a phenomenal memory, who recalled the books of her aging patrons read as children — and was also, incidentally, the best sailor on her stretch of the Maine coast — or a man obsessed with maps, who helped automate the Library of Congress’s map catalog and paved the way for wonders like Google Maps.

There were visionaries like Frederick Kilgour, the first to combine libraries’ catalogs in one computerized database back in the early seventies.  This was a great act in the history of knowledge — its efficient and useful multiplication.  Under Kilgour’s direction, what began as a few dozen college libraries in Ohio sharing their catalogs soon snowballed into a world catalog, the Online Computer Library Center.  Now anyone can go to WorldCat.org, the OCLC’s catalog of a gazillion library records, and find many libraries that carry the item you need; WorldCat has made very computer a portal to institutions from the Library of Congress to the Tauranga (New Zealand) District Library.  Kilgour lived to an age of ninety-two and taught until he was ninety. . . .

I met Judith Krug, another visionary librarian, in the course of my research.  Krug fought censorship for four decades while running the Office for Intellectual Freedom in the Chicago headquarters of the American Library Association (ALA).  She was tiny, beautifully turned out, and ferociously clear about the librarian’s role in fighting censorship.  I didn’t realize until I read her untimely obituary that Krug had launched Banned Books Week back in the eighties, a bold and pointed celebration of everything from Huckleberry Finn to trash and political incitement.  The banners flying in my public library the last week of September each year had been dreamed up by her.

But the first in a long list of memorialized librarians who made me want to inhabit this world was Henriette Avram.  She beckoned from the obits page, with her mysterious, knowing smile, the chain-smoking systems analyst who automated the library records of the Library of Congress and wrote the first code for computerized catalogs (MARC — Machine Readable Cataloging), a form of which is still used today.  She inspired a generation of women to combine library work and computers.  Her intellectual daughters and sons met after she died to pay her tribute, wearing giant buttons edged in black ribbon, bearing the image of their gray-haired heroine and the legend Mother of MARC.

Whether the subject was a community librarian or a prophet, almost every librarian obituary contained some version of this sentence:  “Under her watch, the library changed from a collection of books into an automated research center.”  I began to get the idea that libraries were where it was happening — wide open territory for innovators, activists, and pioneers.

From:

Author: Johnson, Marilyn, 1954-
Title: This book is overdue! : how librarians and cybrarians can  save us all / Johnson, Marilyn.
Edition: 1st ed.
Imprint: New York : Harper, c2010.
  Physical Description: xii, 272 p. ; 22 cm.
                  Note: Includes bibliographical references (p. [267]-272).
              Contents: The frontier — Information sickness — On the ground
                        — The blog people — Big brother and the holdout
                        company — How to change the world — To the ramparts!
                        — Follow that tattoed librarian — Wizards of odd –
                        Gotham city — What’s worth saving? — The best day.
          Subject (LC): Librarians–Anecdotes.
          Subject (LC): Libraries and society.
          Subject (LC): Library science.
                  ISBN: 9780061431609 : $24.99
                  ISBN: 0061431605 : $24.99

LAW CALL NUMBER                                               
   1)Z682 .J63 2009        

Librarians have always been my heroes.

Researching Chilean Law

Julienne Grant, FCIL librarian at Loyola University Chicago, has created a wonderful research guide to Chilean Law, in Libguide format. The guide concentrates on English language sources, but also includes many important Spanish language resources. The guide includes books, journals, databases, Web links, and translation resources.

Many thanks to Julienne for building this excellent useful tool.

Researching Chilean Law

http://lawlibguides.luc.edu/content.php?pid=85136

Legal Research as a Fundamental Skill: A Lifeboat for Students and Law Schools

“Legal Research as a Fundamental Skill: A Lifeboat for Students and Law Schools”

University of Baltimore Law Review, Vol. 39, pp. 175-227, Winter 2009

SARAH VALENTINE, City University of New York – CUNY School of Law

This article argues that current legal research education is dangerously deficient and demonstrates how it can be reconceptualized to become a synergistic first year course that supports the learning of doctrine and legal analysis, as well as necessary research skills in accordance with recent suggestions by the ABA, the authors of the Carnegie Report, and other legal commentators.

Most law schools provide legal research instruction that is not only ineffective in teaching basic research skills but is potentially hazardous to students attempting to learn legal analysis. The ability to electronically search and access law has created a paradigm shift that has affected the very framework of the law as it has been understood and taught for the past one hundred and thirty years. The very act of accessing the law electronically restructures the law itself. It erodes the idea that one can learn the law from the scientific study of readily agreed upon precedent. As the historical understanding of law shifts, the ability to teach students to “think like lawyers” using the structured concepts of the legal system developed in the 1880s, but still relied on by law professors today, begins to collapse.

Creating an excellent legal research course is not necessarily difficult. It requires that legal research be taught as both a fundamental legal skill, requiring analysis and doctrinal knowledge and as a fundamental lawyering skill, integrated into the entire first year curriculum, not merely linked to legal writing. In addition, it must teach information literacy skills and the teaching should be informed with adult learning methodologies. Such a course provides students not only with the necessary research skills for law practice, but assists them in building the conceptual framework necessary for legal analysis.

 

Source:  LSN Legal Writing Vol. 5 No. 3,  02/02/2010

“The Lawyer as Professional Writer”

“The Lawyer as Professional Writer”
by Brandon J. Harrison
62 Arkansas Law Review 725 (2009)

Brandon Harrison starts by writing:

“Lawyers are professional writers.  If you practice law in Arkansas or anywhere else in the world, then you are by any practical definition a professional writer.  Accept it or not, it’s true.”

Harrison goes on to list key thoughts and steps to improve your writing skills as an attorney (and also as a student):

“Develop and hone your professional writer’s voice”

“Legal writing is a serious affair”

“Choose the right words”

“To write well is to think clearly”

“Architecture. Architecture. Architecture.”

“Read good writing”

“Make good writing habitual”

“You are also allowed, indeed encouraged, to be interesting”

“Paint with words”

“Now you know what to do, what will you do it?”

The article closes with advice from William Zinsser (On Writing Well):

“Ultimately….good writing rests on craft and always will.  I don’t know what still newer electronic marvels are waiting just around the corner to make writing twice as easy and twice as fast in the next 25 years.  But I do know they won’t make writing twice as good.  That will still require plain old hard work–clear thinking–and the plain old tools of the English language.”

Significant State Sentencing & Corrections Legislation in 2009

The National Conference of State Legislatures (NCSL) has posted a convenient and informative table report showing significant state sentencing and corrections legislation enacted January 1, 2009 – December 31, 2009:

Significant State Sentencing and Corrections Legislation in 2009

“Policy information is based on NCSL’s Criminal Justice Program enactment research, powered by Statenet” (a legislative and regulatory information service).

See also Session Law and Bill Citations for Significant State Sentencing and Corrections Legislation in 2009 for specific session law and bill citations.

Hat tip to Docuticker.com.

‘Long Lost Legislative History’

We often tell our students not to overlook law student notes in law journals…As affirmation of that point, I ran across a rather interesting little tidbit in the Journal of Air Law and Commerce.

The author, John T. Cocklin, writes:

“This article uncovers the long lost legislative history of 701(e) and reviews the history of 701(e) in the courts.  Previous courts and law review authors (save one) found no direct legislative history for the section.  Notable among these law review authors were attorneys working for the NTSB and its predecessor agenices….In 1952, however, a second-year law school student at the University of California named R. Bruce Hoffe discovered the legislative history of 701(e).  His article never landed on the citation trail and his research sat quietly on the pages of the California Law Review for fifty years.”

 

Cite: “National Transportation Safety Board Aircraft Accident Reports: The Long Lost Legislative History of Section 701(E)”
by John T. Cocklin
74 Journal of Air Law and Commerce 781 (2009)