Wonderful development in law librarianship today – Legal Information & Technology launched

From a SSRN announcement:

We are pleased to announce a new Legal Scholarship Network (LSN) Sponsored Subject Matter eJournal — Legal Information & Technology, sponsored by the Mid-America Law Library Consortium.


View Papers: http://www.ssrn.com/link/Legal-Information-Technology.html
Preview the First Issue:


Subscribe: http://hq.ssrn.com/jourInvite.cfm?link=Legal-Information-Technology

Editors: Randy J. Diamond, University of Missouri School of Law, and Lee F. Peoples, Oklahoma City University – School of Law
Sponsor: The Legal Information & Technology eJournal is sponsored by MALLCO, the Mid-America Law Library Consortium.


The consortium encourages and promotes cooperative endeavors among its member law school libraries in order to advance the research and educational opportunities of all member libraries, the institutions they serve, and the broader legal community.

Law schools from nine states are represented in MALLCO. Arkansas: University of Arkansas-Fayetteville, University of Arkansas-Little Rock; Illinois: Northern Illinois University, Southern Illinois University; Iowa: Drake University; Kansas: University of Kansas, Washburn University; Missouri: Saint Louis University, University of Missouri-Columbia, University of Missouri-Kansas City, Washington University; Nebraska: Creighton University, University of Nebraska; North Dakota: University of North Dakota; Oklahoma: Oklahoma City University, University of Oklahoma, University of Tulsa; and South Dakota: University of South Dakota.

This eJournal includes working papers, forthcoming articles, and recently published articles in all areas of legal information scholarship. Topics include (but are not limited to):

The impact of legal information on domestic, comparative, and international legal systems;

The treatment of legal information authorities and precedents (e.g., citation studies);

The examination of rules, practices, and commentary limiting or expanding applications of legal information (e.g., citation to unpublished opinions and to foreign law);

The study of economic, legal, political, and social conditions limiting or extending access to legal information (e.g., trends in the legal publishing industry, intellectual property regimes, and open access initiatives);

The finding and use of legal information by academics to produce legal scholarship, by law students to learn the law, by attorneys in practice, and by judges and others decision makers to determine legal outcomes;

The history of legal information systems and technological advancements;

Legal information system design and assessment; and

The relationship of substantive areas of law (such as information law, intellectual freedom, intellectual property, and national security law) and other academic disciplines (e.g., information science) to legal information. This includes the scholarship of law librarians, other legal scholars, and other academic disciplines.

The eJournal also includes working papers, forthcoming articles, recently published articles, and selected documents (such as White Papers, briefings, reports, course materials) on the practice of law librarianship. Submissions are welcome in all areas of law librarianship including:

Administration, management, and leadership;

Facility design and construction;

Evaluating and marketing law library services;

All aspects of public, technical, and technology services;

Collection development, including sample collection development policies and procedures;

Electronic resource management and development including licensing, digitization, and institutional repositories;

Research and reference services; and

Legal research instruction teaching methods and substantial or innovative course materials.

The Citation of Wikipedia in American Judicial Opinions

“The Citation of Wikipedia in American Judicial Opinions”

LEE F. PEOPLES, Oklahoma City University School of Law

Wikipedia has been cited almost 300 times in American judicial opinions as of September, 2008. Courts cite Wikipedia for a wide range of purposes. Some citations are merely mundane references to everyday facts well known by the general public. In other opinions Wikipedia is cited as a basis for the court’s reasoning or to support a conclusion about an adjudicative fact at issue in the case. In a notable recent case, Badasa, v. Mukasey, 2008 WL 3981817 (8th. Cir. 2008), The Eighth Circuit remanded a Board of Immigration Appeals decision because it upheld a lower court’s finding based on information obtained from Wikipedia.

This article will comprehensively examine citations to Wikipedia in American judicial opinions. The impact of references to Wikipedia in judicial opinions on law of evidence, judicial ethics, the judicial role in the common law adversarial system, the de-legalization of American law, and the future of stare decisis will be explored. Best practices for the citation of Wikis in judicial opinions will be discussed.


Source:  LSN Law & Society: The Legal Profession Vol. 3 No. 30,  10/14/2008

The Use of Foreign Law by the Advocates General of the Court of Justice of the European Communities

An interesting article from librarian Lee Peoples:

The Use of Foreign Law by the Advocates General of the Court of Justice of the European Communities

Syracuse Journal of International Law and Commerce, 2008

LEE F. PEOPLES, Oklahoma City University – Law Library

In her article inspiring this symposium Lyonette Louis-Jacques observed While citation analyses exist for American legal materials, there are none for foreign and international law. The Opinions of the Advocates General of Court of Justice of the European Communities (hereafter Court or E.C.J.) are fertile ground for such an analysis yet they have almost never been the subject of study.

Citations to foreign law can be found in Advocates Generals’ Opinions. The citation of United States law in Advocates General’s Opinions has been the subject of two previous studies. Peter Herzog’s 1998 article United States Supreme Court Cases in the Court of Justice of the European Communities looked at ten Advocates General Opinions from 1980 through 1995. Dr. Carl Baudenbacher’s 2003 article Judicial Globalization: New Development or Old Wine in New Bottles? looked at references in eight opinions from 1985 through 1998, including several opinions mentioned in Herzog’s article.

Both articles only discuss the Advocates Generals’ citation to the law of the United States. To date no study has looked beyond citations to United States law when examining the use of foreign law in Advocates Generals’ Opinions. With this study I intend to mind the gap and examine references in Advocates Generals’ Opinions to the laws of all non-Member States. This study will also update the Herzog and Baudenbacher articles by examining citation to foreign law in Opinions from 1998 through 2007.

Part I of this article discusses Opinions citing U.S. law over the past decade and compares those Opinions with the Opinions identified in the Herzog and Baudenbacher articles. The theories posited in the Herzog and Baudenbacher articles are examined in light of the past decade of citation to U.S. law in Advocates Generals’ Opinions. Part II explores the citation of non-Member State jurisdictions other than the United States in Advocate Generals’ Opinions. Part III critically analyzes the citation of foreign law by Advocates General. This section explores why Advocates General cite foreign law, why they typically provide complete numerical citations when referring to U.S. law, and why they devote more textual space to discussing U.S. law. The study concludes with predictions for the future.



Source:  LSN European Law: EU Law Vol. 5 No. 45,  07/14/2008

Reflections on Oklahoma City University School of Law’s Certificate in American Law Program

Reflections on Oklahoma City University School of Law’s Certificate in American Law Program

International Association of Law Schools, Forthcoming

LEE F. PEOPLES, Oklahoma City University – Law Library

This paper was accepted for the 2008 International Association of Law Schools’ Educational Program. It outlines the educational, cultural, and professional programs offered during Oklahoma City University School of Law’s Certificate in American Law Program. The paper discusses the challenges of introducing Chinese law students to American legal ethics, legal research and writing in America, and American trial practice. The relevance and importance of these subjects to Chinese law students are discussed.


Source: LSN Comparative Law Vol. 8 No. 55,  06/09/2008