E-book momentum

A front-page, above-the-fold story in today’s New York Times about e-books suggests that the devices are finding new readership and acceptance.

According to the story, “Turning Page, E-Books Start To Take Hold,” by Brad Stone and Motoko Rich, “[m]any Kindle buyers appear to be outside the usual gadget-bound demographic. . . . the device is most popular among 55- to 64-year-olds.”

The story concludes with a quote from a book reader who “once railed against e-readers” and who now is “in love with [her Kindle].”

But it’s not just the Kindle.  According to the Times:

Amazon.com’s popular Kindle is unavailable until February, creating an opening for Sony’s Reader . . . The increased competition could signal the public’s acceptance of the idea of reading longer texts on a portable digital device.

In addition to the Kindle and Sony Reader, the story makes reference to e-book applications and devices from Apple (iPhone), Fictionwise, Scroll Motion, Plastic Logic, Polymer Vision, Foxit Software, and E Ink.

China-U.S. Conference on Legal Information & Law Libraries – registration now open

Conference and hotel Registration is now open for the China-U.S. Conference on Legal Information & Law Libraries that will be held in Beijing from May 25-30, 2009.  In addition to the formal substantive sessions, low cost tours have been arranged to the National Library of China, the Great Wall, and the Forbidden City. This is an excellent opportunity to learn about legal research in China and meet Chinese law librarians. The site of the conference is the Fragrant Hills Empark Hotel, loctaed near many of the academic libraries in Beijing.  See you in Beijing!

Conference registration: http://law.wustl.edu/chinaconference/registration.asp

Additional information about the conference: http://law.wustl.edu/chinaconference/index.asp?id=6779

Data on Chinese Legal System and Law Schools

Steve Roses and Chang Wang of  Thomson Reuters recently offered a Webinar on the Chinese Legal System and their WestlawChina database. As part of their presentation, they reported the following information about China:

1986 = 989,409 civil cases

2007 = 5,333,546 civil cases

 

40,000 laws and regulations issued since 1978.

 

Over 800 international arbitral awards each year.

 

143,000 attorneys in 2008 (up from 40,000 in 1993)

 

Lawyers per population

China  1:8.500

U.S. 1:300

 

Over 630 law schools and law departments with 244,121 law students.

 

12% pass rate for the Chinese bar exam.

 

Unfortunately, they did not provide sources for the information, but it does paint an interesting picture of the legal system and legal education in China. Many thanks to Steve and Chang for sharing their expertise and data.

 

 

Moving Toward a 21st Century Right-to-Know Agenda

Part of ongoing discussion on federal government openness and transparency, the American Association of Law Libraries (AALL) Government Relations Office has delivered to President-elect Barack Obama’s transition team a 114-page report Moving Toward a 21st Century Right-to-Know Agenda: Recommendations to President-elect Obama and Congress including 70+ prioritized recommendations on issues relating to national security and secrecy, usability of government information, and how to create an environment for greater transparency.

Electronically Manufactured Law

“Electronically Manufactured Law”


Harvard Journal of Law and Technology, Vol. 22, 2008
Hofstra Univ. Legal Studies Research Paper No. 08-23

KATRINA FISCHER KUH, Hofstra School of law

We increasingly communicate and experience law through an electronic medium. Existing scholarship suggests that prior changes in the communication of law – from oral to scribal, scribal to moveable type, the widespread publication of cases – influenced the development of the law, including by contributing to the rise of basic concepts such as precedent. One element of the present shift in the communication of law is that the process by which we find the law has been transformed. Specifically, legal case research, once conducted exclusively through the use of print-based resources (reporter volumes, case digests, treatises), is now conducted primarily through searches of electronic legal databases. This Article employs principles of cognitive psychology to generate empirical predictions about how the shift from a print-based to an electronic research process changes researcher behavior and research outcomes. The Article then assesses the broader impacts of these changes with respect to the content and practice of law.

Specifically, the Article identifies three changes to the research process that are salient for predicting the broader impacts of the shift from print-based to electronic research: (1) Electronic researchers are not guided by the key system to the same extent as print researchers when identifying relevant theories, principles, and cases; (2) Electronic researchers do not encounter and interpret individual cases through the lens of key system information to the same extent as print researchers; and (3) Electronic researchers are exposed to more and different case texts than print researchers. The Article then considers these basic changes in light of principles of cognitive psychology, including the influence of labeling, categorization, and confirmatory bias on understanding, and offers empirical predictions about the impacts of the shift from print-based to electronic research.

First, the Article predicts that the shift to electronic research gives rise to “diversity in framing.” There will be greater divergence between researchers with regard to the theories and principles identified as potentially applicable to a set of facts and this will lead to greater disputes about what is in dispute. Second, the Article predicts that the shift to electronic research leads to more “tilting at windmills.” Researchers will have greater difficulty making accurate judgments about whether an argument has merit and will thus advance marginal theories and cases with greater frequency.

Each of these predicted changes gives rise to broader impacts on the law. In an adversarial system, judicial options for case resolution are largely defined – and constrained – by the theories proffered by counsel. Diversity in framing would expand judicial authority by providing judges with a wider variety of options for the resolution of disputes. This underlines the way in which counsel serve as gatekeepers by exercising independent judgment about which cases and theories have sufficient merit to warrant pursuit. Increased tilting at windmills may require critical reexamination of the existing limits placed on lawyers in their role as gatekeepers – such as Federal Rule of Civil Procedure 11 – to prevent a waste of judicial and client resources. A follow-up article will test the “diversity in framing” and “tilting at windmills” predictions.

Source: LSN Legal Education Vol. 5 No. 53,  12/16/2008

New Journal: Hague Journal on the Rule of Law

T.M.C. Asser Press and Cambridge Journals will debut the following journal in early 2009: Hague Journal on the Rule of Law.  Editorial board includes Julio Faundez, Randy Peerenboom, Sam Fuller, and Ronald Janse.

Hague Journal on the Rule of Law

http://journals.cambridge.org/action/displayJournal?jid=ROL

http://www.asserpress.nl/

From the Journal description:

An exciting new journal which provides a timely forum for the rapidly-expanding field of the rule of law, encapsulating cutting-edge study from all related disciplines. This unique focal point for the exchange of views between academics and practitioners gives focus to the promotion of the rule of law on both the national and international stage.

 

The journal aims to deepen and broaden the knowledge of the rule of law and its relation to economic growth, poverty reduction, promotion of democracy, protection of human rights and geopolitical stability. The journal invites and will publish academic articles, practitioner reports and commentary, book reviews and special volumes on major developments and themes in the rule of law field.

EJIL Talk! – new blog from the European Journal of International Law

Earlier this week, the European Journal of International Law started their own blog: EJIL Talk!.  Interesting to note inthe third paragraph of the blog description below how the editors hope the blog and the journal will interact. EJIL Talk! will be devoted to current issues and the journal will focus on theoretical arguments and articles that will have a long-term resonance. With talk in the title, perhaps they will also include audio clips in the near future.  

Hat tip to Jacob Katz Cogan’s International LawReporter Blog.

EJIL Talk!

 http://www.ejiltalk.org/

Description of the blog:

EJIL already has a homepage www.ejil.org, the autonomous website of the European Journal of International Law. Our website was a pioneer long before publishers such as our current publisher, OUP, moved into digital journal publishing, and it is distinct from all other mainline journals of which we are aware. Not only is a sizeable portion of current content made free to the reader, but all content becomes free one year after publication – the scholarly world’s Napster! I say all this to indicate that we are not parvenus to the notion of digital internet publishing

The decision to experiment with a blog – and an experiment it is – was decidedly not a bandwagon effect – they all have it, so should we. It is the result of serious reflection of the Editorial Board, with our Scientific Advisory Board, on the evolving relationship between traditional and digital forms of scholarship and publishing. In its first twenty years, EJIL from time to time made huge efforts to provide ‘services’ e.g.  the now defunct service on decisions of the ECJ on matters of International Law or our running commentary on decisions of the WTO Appellate Body of importance to public international lawyers. That, for the most part, has become a redundant and futile exercise rendered such by the power of ‘search engines’ and the ubiquity of primary sources on the internet. EJIL also tried to be ‘topical’ by, e.g., trying to hold symposia on recent decisions of the ICJ, or an ILC Report, or certain ‘incidents’ as soon as possible after the event. In the old days a time lag of six to nine months was considered very topical. That has become laughable – our production process, even at its best, is a tortoise to the internet hare.

And yet, there is, we think, an EJIL sensibility – with, say, its panache for the theoretical article, for aggressively bringing in younger scholars, for its intellectually diverse modes of analysis, realism mixed with doctrine, a strong appeal to, and interest in, history, to mention but a few. (To some Europeans, too Americanized; to some Americans, too European – we take comfort in that debate…). If our new blog EJIL:Talk! is successful, it will continue to reflect those EJIL sensibilities on the internet but enable us to effect a certain mutation in the identity of EJIL itself: We will give increasing preference to articles which deal with the fundamentals, with First Things, which look at an ‘Incident’ or ‘decision of a Tribunal’ with a view to exploring wide systemic meaning; in short, to articles which we predict will have lasting value – that will be interesting four or five or more years after publication. EJIL:Talk! and EJIL may thus complement each other. Note – we hope it does not provoke just short off the cuff academic gossipmentary, but short, incisive, even well-researched pieces which should simply be thought of as a different genre of writing, not unlike the difference between an article and a book.

Complexity, Information Overload and Online Deliberation

“Complexity, Information Overload and Online Deliberation”

A Journal of Law and Policy for the Information Society, 2009

OREN PEREZ, Bar-Ilan University – Faculty of Law

This article explores the influence of information overload on online democratic processes. The study of this problematic is motivated by the increasing importance of the doctrine of transparency, by the central role of the paradigm of informed citizenship in contemporary political thought, and by the empirical observation that the modern citizen is exposed to increasing amounts of political data. To explore this question, the article develops a rigorous understanding of the concept of information overload in the democratic context. The article argues, drawing on empirical studies which highlight the adverse psychological impacts of cognitive overload, that this problematic can undermine the capacity of the Internet to reinvigorate democratic praxis. It considers two different responses to this threat. The first questions the seriousness of this threat by re-conceptualizing democracy as a ‘low-information’ practice. This ‘shallow’ understanding of democracy emphasizes the role of heuristics and political intermediaries in modern democratic life. While acknowledging the important role of heuristics and political intermediaries, the article questions the capacity of this narrative to provide a coherent account of legitimate democratic governance. The article proceeds to consider an alternative, technological-oriented response to the problem of information overload. This approach highlights the capacity of new technological innovations to resolve the information overload problematic by reducing the cognitive burden associated with web-based political action. The article uses a concrete case study – the advanced online participatory framework offered by TransLink, the South Coast British Columbia Transportation Authority – to highlight how the information overload problem is manifested in an actual political context. The article concludes by exploring the blind-spots of these different technological innovations. It considers in this context the role of a new class of political players-techno-political intermediaries – and discusses their potential influence on the democratic process. This discussion points to certain deficiencies in the current doctrine of transparency (and the paradigm of the ‘informed citizen’ underlying it), which is insensitive both to the cognitive limitations of the average citizen and to the increasingly important (but hidden) role of techno-political intermediaries in the political process as it draws increasingly on online tools.

Source:  LSN Law & Positive Political Theory Vol. 4 No. 27,  12/11/2008

Change.Gov meets Public.Resource.Org

Carl Malamud offers President-Elect Obama “5 Suggestions for Change” on http://public.resource.org/change.gov/.

You can visit the site to read the full suggestions (with PDFs), but here is the quick list:

  1. Rebooting .Gov.
  2. FedFlix.
  3. The Library of the U.S.A.
  4. The United States Publishing Academy.
  5. The Rural Internetification Administration.

Yes, we can….

New content on Public.Resource.Org

Carl Malamud, copyfighter, has just added new content to Public.Resource.Org.

Over 300 documents and files from the Federal Judicial Center are now posted at  http://bulk.resource.org/courts.gov/fjc/ and http://www.scribd.com/group/68635-federal-judicial-center

Included in the collection: Benchbook for U.S. District Court Judges, Citations to Unpublished Opinions in the Federal Courts of Appeals, and a Primer on the Civil-Law System.