My Lunch with Carl

I taught resources in the law at San Jose State University for about a decade.  One thing I told all of my students is that, at some point in their careers, they HAD to hear Bob Berring speak in public.  I instructed them to keep an eye out for presentations he’d be making so that they could attend one of them.  I told my students that they simply couldn’t retire until they had done this.  I still feel that same way about Bob, but since he’s now moved to the Dark Side of teaching contracts law, these librarian-focused speaking engagements of his are much less common.

But last week Erika and I had the pleasure of having lunch with Carl Malamud, and starting this fall all of our students in advanced legal research are going to receive the same admonishment from us:  They have to hear Carl speak.

Those of you attending AALL in Portland  will have such an opportunity and really should attend the Hot Topic session on Sunday, July 13 at 4:15 p.m., Push Back and Push Forward – Open Access in Oregon and Beyond.   You have my personal money-back guarantee that you will find Carl’s presentation entertaining, motivating and inspiring.  And you might be outraged as well — perhaps, even, at Carl.

Carl will be sowing the seeds for the “Doctrine of Primary Coverage,” and you don’t want to miss this.

Tim Stanley is way cool too, and his guest appearance in our advanced legal research class last year was, without doubt, the highlight of the course.

Who:  Tim Stanley and Carl Malamud

What:  AALL Hot Topic, “Push Back and Push Forward – Open Access in Oregon and Beyond.”

Where:  OCC-Portland Ballroom 254

When:  Sunday, July 13, 2008, 4:15 p.m.

Why:  To liberate the law.

LexisNexis Versus Westlaw Survey Results


Below are summary findings from the LexisNexis versus Westlaw survey that we conducted between April 25, 2008 and May 5, 2008.  The complete survey results are available as part of our Legal Research Paper Series.

The first question asked participants to identify where they work by library type.  Forty-eight percent of respondents were from law firm libraries, thirty-one percent were from academic law libraries, and court, county and other libraries were represented by much smaller numbers.  The full breakdown for this question is seen in Figure 1. 

For all respondents that worked in law firm libraries, the survey instrument then prompted these respondents to describe the size of their firm (see Figure 2).  Over seventy-five percent of the respondents work in large law firms with over 100 lawyers.  And, almost a quarter of the respondents work in offices with over 700 attorneys.

Question three for the law firm respondents asked if their library/firm provided access to both Westlaw and LexisNexis (see figure 3).  Eighty-four percent of the respondents said that their library/firm does provide access to both systems.  The comments provided by respondents to that question included statements such as: “my library canceled Lexis in 2006″ or “we are a Westlaw shop.”  The full text of the comments provided appears at Appendix C.

The next question asked the law firm librarian respondents: If a law school could only subscribe to and train law students on one CALR system, which one would you prefer?  Seventy-three percent of the respondents answered that Westlaw was the preference (see figure 4).

Question five asked if law schools were to only provide access to LexisNexis, would the lack of training on KeyCite be a problem.  Question six asked the similar question: if law schools were to only provide access to Westlaw, would the lack of training on online Shepard’s be a problem.  And, for both question five and six, over two-thirds of the law firm library respondents felt that it would not be a problem (see figures 5 and 6).  For question five, thirty-one percent of the law firm library respondents felt that the lack of KeyCite training would be a problem, and for question six, twenty-seven percent of the law firm library respondents felt that the lack of online Shepard’s training would be a problem.  The comments provided by law firm library respondents to questions five and six appear in Appendix D and E, respectively.

In question seven, respondents were asked which other online databases that they would like to have taught in law school.  For the law firm library respondents, eighty percent wanted training provided on PACER, and fifty-eight percent wanted training provided on BNA and CCH (see figure 7).  Free resources, such as Justia and LexisOne were also chosen by the law firm respondents.  Seventy-three respondents supplied names of other online databases that they would like to see taught in law school.  The list of these other responses appears in Appendix F.

Question three for the academic law school library respondents asked if their library provided access to both Westlaw and LexisNexis (see figure 8).  All but one of the respondents said that their library does provide access to both systems.  The comments provided by respondents to that question included statements such as: “Though we, too, are starting to think about cancel [sic] one of these systems” and “we provide access to both”.  The full text of the comments provided appears at Appendix G.

The next question asked the law school library respondents: If a law school could only subscribe to and train law students on one CALR system, which one would you prefer?  While seventy-three percent of the law firm respondents answered that Westlaw was the preference (see figure 4), fully eighty-nine percent of the law school library respondents replied that Westlaw was their preference (see figure 9).

Question five asked if law schools were to only provide access to LexisNexis, would the lack of training on KeyCite be a problem.  Question six asked the similar question: if law schools were to only provide access to Westlaw, would the lack of training on online Shepard’s be a problem.  And, for both question five and six, over forty percent of the law school library respondents felt that it would be a problem (see figures 10 and 11).  For question five, while sixty-nine percent of the law firm library respondents felt that the lack of KeyCite training would not be a problem (figure 5), forty-one percent of the law school library respondents replied that it would be a problem (figure 10).  And, for question six, forty-seven percent of the law school library respondents felt that the lack of online Shepard’s training would be a problem (figure 11).  The comments provided by law school library respondents to questions five and six appear in Appendix H and I, respectively.

In question seven, respondents were asked which other online databases that they would like to have taught in law school.  For the law school library respondents, seventy-three percent wanted training provided on PACER, and seventy percent wanted training provided on BNA (see figure 12).  While thirty percent of the law firm library respondents wanted LoisLaw taught in law school (see figure 7), over fifty percent of the law school library respondents wanted LoisLaw taught.  Twenty-two percent of the law school library respondents supplied names of other online databases that they would like to see taught in law school.  The list of these other responses, including HeinOnline and CaseMaker, appears in Appendix J. 

Question three asked respondents if their library provided access to both Westlaw and LexisNexis.  For the group of State/County/Federal Court and Government library respondents; corporate library respondents; academic non-law respondents and other library respondents (collectively referred to as “all other library respondents” going forward), sixty-nine percent provide access to both Westlaw and LexisNexis (see figure 13).  Also, all federal court and government library respondents provide access to both Westlaw and Lexis, while a quarter of the state court and government library respondents do not provide access to both systems.  The full text of the comments provided by all other library respondents appears at Appendix K.

The next question asked all other library respondents: If a law school could only subscribe to and train law students on one CALR system, which one would you prefer?  Seventy percent of the group of all other library respondents answered that Westlaw was the preference (see figure 14).  And, within this group, eighty-one percent of the federal court and government library respondents preferred Westlaw and sixty-five percent of the state/county court and government library respondents preferred Westlaw.

Question five asked if law schools were to only provide access to LexisNexis, would the lack of training on KeyCite be a problem.  Question six asked the similar question: if law schools were to only provide access to Westlaw, would the lack of training on online Shepard’s be a problem.  And, for question five, seventy-five percent of the group of all other library respondents felt that the lack of training on KeyCite would not be a problem (see figures 15).  For question six, sixty-five percent of the group of all other library respondents felt that the lack of online Shepard’s training would not be a problem (figure 16).  The comments provided by law school library respondents to questions five and six appear in Appendix L and M, respectively.

In question seven, respondents were asked which other online databases that they would like to have taught in law school.  For the group of all other library respondents, seventy-four percent wanted training provided on PACER, and twenty-eight percent wanted training provided on FastCase (see figure 17).  Twenty-four percent of the group of all other law library respondents supplied names of other online databases that they would like to see taught in law school.  The list of these other responses appears in Appendix N. 

The last four survey questions asked all respondents about overall preferences and comments about both LexisNexis and Westlaw.  Question 8 asked all respondents: “Do you have a personal preference for one system, Westlaw or LexisNexis, over the other?”  And, sixty-five percent of the respondents had a personal preference (see Figure 18). 

Question 9 then asked the respondents which system they preferred, if they had a preference. Thirty-two percent of all respondents said that LexisNexis was their personal preference, and sixty-eight percent provided that Westlaw was their preference (see Figure 19).  Of the respondents who preferred LexisNexis, sixty-four percent of this group was comprised of law firm library respondents and twenty-one percent was made up of law school library respondents.  And, for the group that preferred Westlaw, forty-four percent of this group was from law firm library respondents and thirty-nine percent was from law school library respondents. 

The law school library respondents preferred Westlaw at a rate of nearly four-to-one, and seventy-eight percent of the federal court/government respondents preferred Westlaw.  And, sixty percent of the law firm respondents preferred Westlaw over LexisNexis.  Of the library communities of respondents, no single group preferred LexisNexis over Westlaw. 

Question ten asked respondents to state why they had a preference between Westlaw and LexisNexis.  These responses appear at Appendix O.  Question 11 asked respondents to supply “any additional comments or practical tips that you would like to share with regard to LexisNexis vs. Westlaw.”  The comments generated by Question 11 appear in Appendix P.

We would like to encourage all to read the comments found in the 94-page survey results compilation; there is truly some fascinating information there.

If you have any questions about the survey or would like additional information, please do not hesitate to contact either one of us. 

Paul Lomio, plomio@stanford.edu

Erika Wayne, evwayne@stanford.edu

Sloppy Research at the United States Supreme Court?

Adam Liptak has an article in the Week in Review section of today’s New York Times, “The Chief Justice, Dylan and the Disappearing Double Negative.”  The fun article, about music lyrics cited in judicial opinions, includes a sidebar, “Most-Cited Rockers in Judicial Opinions,” drawing from the research of law professor Alex B. Long.

Liptak reports that the Chief Justice cited Bob Dylan in his dissent in last Monday’s Sprint Communications Co. v. APCC Services, Inc.:

“The absence of any right to the substantive recovery means that respondents cannot benefit from the judgment they seek and thus lack Article III standing,” Chief Justice Roberts wrote. “‘When you got nothing, you got nothing to lose.’  Bob Dylan, Like a Rolling Stone, on Highway 61 Revisited (Columbia Records 1965).”

Professor Long is quoted in the article as saying, “this was almost certainly the first use of a rock lyric to buttress a legal proposition in a Supreme Court decision.”

But, as Liptak later points out, the Chief Justice got the cite wrong:

On the other hand, Chief Justice Roberts gets the citation wrong, proving that he is neither an originalist nor a strict constructionist. What Mr. Dylan actually sings, of course, is, “When you ain’t got nothing, you got nothing to lose.”

It’s true that many Web sites, including Mr. Dylan’s official one, reproduce the lyric as Chief Justice Roberts does. But a more careful Dylanist might have consulted his iPod. “It was almost certainly the clerks who provided the citation,” Professor Long said. “I suppose their use of the Internet to check the lyrics violates one of the first rules they learned when they were all on law review: when quoting, always check the quote with the original source, not someone else’s characterization of what the source said.”

We will cover this next year in advanced legal research.

 

 

Oregon and The Power of Persuasion

According to a detailed, must-read report of the Oregon laws copyright dispute hearing carried by the Loaded Orygun, the hearing “was an astonishing display of open-mindedness and respect for informed opinion that resulted in a victory for the public interest.”   As Loaded Orygun’s post “ Shocking Democracy In LCC Hearing: Decision Actually Swayed by Testimony!” reports:

 Carl Malamud and Karl Olson testified first, making arguments strongly based in case law history. Tim Stanley of Justia.org followed, expressing the impact that the LCC’s decision would have on his business, and also expressing a desire to serve as a facilitator in effective public discourse about the law. They had been pursuing a case in Federal court, which was clearly a concern of the LCC members. The LCC also took verbal testimony from three Oregon residents, the authors of this blog post: Pete Forsyth, a collaboration consultant; Bart Massey, a PSU professor and open source advocate; and Amy Sample Ward, formerly of the Chalkboard Project and current project manager for Connectipedia.org. A number of others, including wiki inventor Ward Cunningham and Portland attorney Matthew Whitman, submitted written testimony. Every legislator was thoroughly engaged with the process, . . .

It brings to mind the words of Margaret Mead:  “Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it’s the only thing that ever has.”

For those of you who will be in Portland in a couple of weeks, you’ll get to meet these free access thoughtful, committed citizens and learn what they are next setting their sights upon.

Who:  Tim Stanley and Carl Malamud

What:  AALL Hot Topic, “”Push Back and Push Forward — Open Access in Oregon and Beyond.” 

Where:  OCC-Portland Ballroom 254

When:  Sunday, July 13, 2008, 4:15 p.m.

Why:  To liberate the law.

Friday Fun For Fashionisti

Vol. 32, issue 3 of the Oklahoma City University Law Review landed on my desk today and it includes this article:  Erik M. Jensen, “Law School Attire: A Call for a Uniform Uniform Code.”  If the UUC is adopted here, I’ll be in trouble, as I’m not sure I even remember how to tie a tie.  Anyway, here is the code:

§ 1-101. Short Title

This statute shall be known and may be cited as the Uniform Uniform Code.

§ 2-101. Longer Stuff.

Faculty members at accredited law schools shall, when on law school grounds or on law school business, dress in a way that would not embarass their mothers, unless their mothers are under age fifty are are therefore likely to be immune to the possibility of embarrassment from scruffy dressing, in which case the faculty members shall dress in a way that would not embarrass my mother.

As for the article which presents the UUC:

Part I discusses why professors insist on dressing like children, and Parts II and III present the case for adult dress.  The heart of the article is Part IV, which provides a draft UUC [above].  Although the draft doesn’t explicitly mandate neckties, Part V defends the tie as an essential part of male professional attire.  Part VI, an anticipatory response to critics, discusses some conceptual difficulties in implementing and enforcing the UUC.  Finally, Part VII considers whether the UUC is simply part of a vast, right-wing conspiracy. (The answer is no.).

California Court of Appeal opinion publication up, slightly

A story in today’s San Francisco Recorder, “Appeal Courts Publishing More, Barely,” by Mike McKee, gauges the effects of a new court rule designed to encourage opinion publication by the California Court of Appeal and includes these statistics:

. . . Of 11,581 opinions filed by the state’s appellate districts between April 1, 2007, and March 31, 2008, only 1,151– 9.9 percent of the total – were ordered published, according to figures given to The Recorder by California’s reporter of decisions, who oversees the editing and publication of Supreme Court and appellate opinions in the state’s official reports.

By comparison, a year earlier, between April 1, 2006, and March 31, 2007, when the old rules were in play, only 999 – or 9 percent – of 11,067 rulings were published, according to the court’s records.
. . .

The biggest increase occurred in San Francisco’s First District Court of Appeal, which, according to The Recorder’s count, went from 127 published opinions in 2006-07 to 162 a year later, for an increase of 27.5 percent.

French court decisions – IP and information technology cases

Juriscom.net and Le Forum des droits sur l’internet provide timely access to full-text or synopses of information technology, Internet and IP law decisions from French (and occasionally Belgium) courts, including courts of first instance, courts of appeals and the Court of CassationLe forum des droits sur l’internet adds keywords to all decisions, thereby facilitating subject access to the case law. Both sites also offer news reports and articles.  All materials are available in French only. Merci beaucoup to our friends in France for making this case law available to us free of charge.

Juriscom.net                                                                                                                   http://www.juriscom.net/

Le Forum des droits sur l’internet                            http://www.foruminternet.org/ Click on “veille juridique” to find the court decisions.

OpenAustralia.org goes live

Our alumnus Matt Asay’s blog The Open Road is a blog that matters to us and yesterday he added an item of special interest:  Open Sourcing Australia:  OpenAustralia.org goes live.

It seems reasonable to suggest that no nation should cede its sovereignty to any private, commercial interest. . . .

. . .

Larry Lessig argues that “code is law,” meaning that the very software we use to construct the Internet, intranets, etc. has a powerful effect on what is actually possible through these communication media.. . .

It is therefore important that Australia opted for open-source software in capturing the mind and history of its parliament. This is what sovereign nations do. Or, at least, it’s what they should do.

 

I just took a look at the Australian site.  It is a model.  I was impressed by everything and thought that this current awareness service was especially impressive:

Sign up to be emailed when something relevant to you happens in Parliament

Bloomberg Law Reports

I’ve raved about the Bloomberg Law Reports; now you can all see for yourselves just how good they are.  This is from an e-mail I received today from Bloomberg:

Bloomberg Law Reports® can now be found at:
Bloomberg Law Reports are comprehensive legal analyses targeted to the legal and financial communities. Bloomberg Law Reports examine recent legal and regulatory developments covering a wide array of topics including: Antitrust & Trade, Asia Pacific Law, Banking & Finance, Bankruptcy, Corporate Law, Director & Officer Liability, Employee Benefits, European Law, Executive Compensation, Health Law, Immigration Law, Insurance Law, Intellectual Property, Labor & Employment, Litigation, Mergers & Acquisitions, Privacy & Information, Risk & Compliance, Securities Law, and Sustainable Energy.

To find out more about Bloomberg Law Reports—or if you are interested in contributing an article to Bloomberg Law Reports—please contact one of the legal analysts listed at the bottom of the relevant report.

To view enhanced versions of Bloomberg Law Reports, including hyperlinks to cited materials, please access the reports on the Bloomberg Professional® service (BBLR <GO>). For more information on BLOOMBERG LAWSM (BLAW) and the Bloomberg Professional service, please contact us:

In the U.S.

blaw_us@bloomberg.net

And here is a list of their titles — so far to date, as they continue to add new ones — along with frequency of publication noted:

Antitrust & Trade -Monthly
Asia Pacific Law – Quarterly
Banking & Finance – Weekly
Bankruptcy – Weekly
Corporate Law – Weekly
Director & Officer Liability – Monthly
Employee Benefits – Bi-weekly
European Law – Monthly
Executive Compensation – Monthly
Health Law – Monthly
Immigration Law – Monthly
Insurance Law – Weekly
Intellectual Property – Weekly
Labor & Employment – Weekly
Litigation – Weekly
Mergers & Acquisitions – Monthly
Privacy & Information – Monthly
Risk & Compliance – Monthly
Securities Law – Weekly
Sustainable Energy – Monthly