Did someone say FREE?

Free is one of my favorite words. So, you can imagine how excited I was to learn of the “Free Book of the Month” on Fastcase.  Every month, Fastcase hosts a free legal book (oftentimes these are books that have fallen out of copyright) and post the PDF on their website.  

This month’s book is: The Future of the Internet and How To Stop It, by Jonathan Zittrain.

Here is a short description of the book from: futureoftheinternet.org

“This extraordinary book explains the engine that has catapulted the Internet from backwater to ubiquity—and reveals that it is sputtering precisely because of its runaway success. With the unwitting help of its users, the generative Internet is on a path to a lockdown, ending its cycle of innovation—and facilitating unsettling new kinds of control.”

“IPods, iPhones, Xboxes, and TiVos represent the first wave of Internet-centered products that can’t be easily modified by anyone except their vendors or selected partners. These “tethered appliances” have already been used in remarkable but little-known ways: car GPS systems have been reconfigured at the demand of law enforcement to eavesdrop on the occupants at all times, and digital video recorders have been ordered to self-destruct thanks to a lawsuit against the manufacturer thousands of miles away. New Web 2.0 platforms like Google mash-ups and Facebook are rightly touted—but their applications can be similarly monitored and eliminated from a central source. As tethered appliances and applications eclipse the PC, the very nature of the Internet—its “generativity,” or innovative character—is at risk.”

“The Internet’s current trajectory is one of lost opportunity. Its salvation, Zittrain argues, lies in the hands of its millions of users. Drawing on generative technologies like Wikipedia that have so far survived their own successes, this book shows how to develop new technologies and social structures that allow users to work creatively and collaboratively, participate in solutions, and become true “netizens.””

The Future of the Internet and How To Stop It (PDF)

International Comparative Legal Guide series from the Global Legal Group

The Global Legal Group provides free acess to their International Comparative Legal Guides. Each guide provides general, regional and country chapters written by law firm partners and associates.  The chapters are short, but informative, practice oriented and generally up to date.  Topics include: class actions, environment law, gas regulation, merger control, product liability and corporate tax. There are 20 topics currently avialable.  This is a site I will be visiting often.

International Comparative Legal Guides Series http://www.iclg.co.uk/

  

TRACking federal prosecutions

The good folks at TRAC (Transactional Records Access Clearinghouse), providers of a popular online database here, just sent out this e-mail:

TRAC has just added a unique new feature for displaying all the U.S. statutes cited by federal prosecutors as the primary charge in their prosecutions and convictions. For every law, there are case counts and the full text of the relevant statute . . . In addition, for those laws with a sufficient number of matters, there are links to exclusive TRAC reports on the prosecutions and convictions under the selected statute, as well as a link to a U.S. map showing the geographic distribution of convictions across the country.

 

 

For more information:

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY  13244-2100
315-443-3563
trac@syr.edu
http://trac.syr.edu

Reconfiguring Law Reports and the Concept of Precedent for a Digital Age

One of the joys of my job is that I get to see everything new that comes into the library — every new book and every journal issue passes my desk before finding a home in the stacks.  Today volume 53, issue #1 of the Villanova Law Review was in my pile and I discovered this terrific article by Peter W. Martin (Legal Research Plus is a fan of his, see earlier post, “Finding and Citing the ‘Unimportant’ Decisions of the U.S. Courts of Appeals.”).  The present article is also a Legal Scholarship Network paper, but somehow I missed it there (so having print subscriptions is a good redundancy).

The Legal Scholarship Network page includes this abstract:

Adherence to the “rule of law” entails a strong commitment to consistency – a belief that throughout a jurisdiction and across time judges should treat like cases alike. For over a century, the U.S. judiciary’s pursuit of this aim has relied principally upon print law reports. With unsettling rapidity, digital technology has dislodged that system, in practical fact, if not yet in the way lawyers and judges talk and think about case law. This article explores gains one might hope for from a “judicial consistency” system liberated from the constraints of print, likely affects on concepts of precedent, as well as challenges and forces of resistance standing in the way of change.

Professor Martin divides his article thusly:

I. Introduction

II. Precedent Dissemination in the Pre-Digital Era

     A. Public Law Reports

     B.  Public Law Libraries

     C. Commercial Law Reports: The National Reporter System

     D. Unpublished Appellate Decisions

     E.  The Disappearance of Independent State-Published Reports

III. The Arrival of Virtual Law Reports and Virtual Law Libraries

     A. Lexis and Westlaw

     B. New Players in This New Environment

IV. The Problematic and Costly Status Quo

     A. Costs or Inefficiences Resulting from the Continued Dominance of Print Concepts and Practices

 1. Citation Norms Still Dependent on Print

 2. Public Accessible Digital Opinions: Neither Official Nor Final

 3. Risk of Inconsistent Versions

 4. The Temptation to Trade Privileged Data Access or Official Status for Online Services

 5. Market Dominance Reinforced, Competition Inhibited

     B. Simple Means for Court Systems to Re-Establish Public Control Over the Dissemination of Their   Precedent

V. Opportunities for Richer and More Expansive Conception of Precedent Once Digital Dissemination Displaces Print as the Official Channel.

     A. Removal of the Sharp Dichotomy Between Decisions That Are Published and Those That Are Not

     B. Inclusion of Trial Court Decisions in the Flow of Precedent

     C. Opinions Structured Not Merely For Print But For Digital Distribution, Navigation and Search

     D. Precedent Augmented by Related Data

     E. Opinions Employing More Than Text

VI. Institutional Inhibitions and Sources of Resistance

VII. Conclusion