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Legal Information Management in a Global and Digital Age: Revolution and Tradition

Published online by Cambridge University Press:  28 February 2019

Abstract

This article presents an overview of the public policy issues surrounding digital libraries, and describes some current trends, such as Web 2.0, the social network. It discusses the impact of globalization and the Internet on international and foreign law information, the free access to law movement and open access scholarship, and mass digitization projects, then turns to some concerns, focusing on preservation and long term access to born digital legal information and authentication of official digital legal information. It finally discusses new roles for librarians, called upon to evaluate the quality of information teach legal research methodology and be advocates in information policy. Law librarians are encouraged to join professional associations and undergo continuous professional education. A recent development in the U.S.A., to add a legal research test on the bar exam, is of interest to the whole world, because it signifies the importance of sound legal research training to the competent practice of law.

Type
Articles
Copyright
Copyright © 2007 by the International Association of Law Libraries 

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References

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34 http://www.europa.eu. The European Union official portal comprehensively covers news and information about its activities, institutions, policies and programs, including full texts of official documents.Google Scholar

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38 The Legal Information Institute was the pioneer in these efforts and inspired the creation of other institutes. It started at Cornell Law School in 1993, under the leadership of Professor Peter Martin and Research Associate Thomas Bruce. http://www.law.cornell.edu Google Scholar

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40 Several law reviews now have introduced a blog-like online companion to their law review, that includes additional materials and commentary, e.g. Environmental Law Online (http://www.elawreview.org/elaw/), Yale Law Journal has Pocket Part (http://www.thepocketpart.org/), Harvard Law Review has The Forum (http://www.harvardlawreview.org/), Michigan Law Review has First Impressions (<http://www.michiganlawreview.org/index-fi.htm), Northwestern University Law Review added Colloquy (http://northwestern-colloquy.typepad.com/), Texas Law Review has See Also (http://www.texaslrev.com/seealso/), Virginia Law Review added In Brief (http://virginialawreview.org/index.php), and University of Pennsylvania Law Revie has PENNumbra (http://www.pennumbra.com/).Google Scholar

41 SSRN Legal Scholarship Network http://www.ssrn.com/lsn/index.html; BePress Legal Repository http://law.bepress.com/repository/ Google Scholar

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46 http://www.gale.com/SupremeCourt/. Thomson Gale. The online, image-based, PDF collection can be searched or browsed, by case citation, docket number, party name, or keyword, or Boolean searching, or date.Google Scholar

47 http://www.gale.com/ModernLaw/. Derived from the Nineteenth Century and Twentieth Century Legal Treatises microfilm collections, features a fully searchable digital database of nearly 22,000 full-text Anglo-American legal works including casebooks, local practice manuals, form books, works for lay readers, pamphlets, letters, speeches, and more. Subscribers can buy the cataloging records and have each individual title in the database is represented in their online catalog, with a direct link to the resource.Google Scholar

48 http://www.heinonline.org. Hein Online contains over 900 U.S. law reviews, image-based (PDF) and fully-searchable, providing exact page images, as they originally appeared in hardcopy, and including all charts, graphs, and photographs, which is not the case for Lexis or Westlaw (which provide coverage of fewer journals full-text from about 1980 to the present). In addition to the law reviews, Hein Online provides an ever growing collection of materials on U.S. law, as well as foreign and international law.Google Scholar

49 Microsoft is working with the OCA on this project. http://www.microsoft.com/presspass/press/2005/oct05/1025MSNBookSearchPR.mspx Google Scholar

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51 For an analysis of mass digitization projects, see Richard K. Johnson, “In Google's Broad Wake: Taking Responsibility for Shaping the Global Digital Library,” ARL Special Report (Feb. 2007). http://www.arl.org/bm∼doc/arlbr250digprinciples.pdf Google Scholar

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54 Rée, Jonathan, “The Library of Google,” Prospect (February 2007). http://www.prospect-magazine.co.uk/article_details.php?id=8215 Google Scholar

57 See infra, Section C, on “Authenticity of Official Legal Digital Sources.”Google Scholar

58 Leiter, Richard, “Musings on the Future of Law Libraries,” 26 legal information alert 7–8 (Jan. 2007).Google Scholar

59 See examples at the end of this section.Google Scholar

60 For a good history, see Berring, Robert, “Legal Research and Legal Concepts: Where Form Molds Substance,” 75 California Law Review 5 (1987). See also Richard A. Danner, “Legal Information and the Development of American Law: Writings on the Form and Structure of the Published Law” 99 Law Library Journal (forthcoming 2007).Google Scholar

61 For some tips, see Doyle, Tony, & Hammond, John L., “Net Cred: Evaluating the Internet as a Research Source,” 34 Reference Services Review 56–70 (2006); Vaughan, C. Judd, Lucy I. Farrow, & Betty J. Tims, “Evaluating Public Web Site Information: A Process and an Instrument,” 34 Reference Services Review 12–32 (2006).Google Scholar

62 Ellis, Anne V., “The Joy of Paper and Ink,” Legal Times (July 17, 2006). http://west.thomson.com/pdf/librarian/Ellis_Legal_Times071706.pdf Google Scholar

67 Annotated guide covering U.S., international areas, and individual countries http://www.loc.gov/law/guide/index.html, The Guide to Law Online, prepared by the U.S. Law Library of Congress Public Services Division, is an annotated guide to sources of information on government and law available online. It includes selected links to useful and reliable sites for legal information. International and Multinational Nations of the World.Google Scholar

68 Public database of laws, regulations, judicial decisions, and other complementary legal sources contributed by governmental agencies and international organizations http://www.glin.gov/ Google Scholar

69 http://www.asil.org/resources/index.html. An excellent guide to authoritative web sites and helpful research guides to international law on the Internet, including a database, Electronic Information System for International Law (EISIL).Google Scholar

70 http://www.intute.ac.uk/socialsciences/law/. The service identifies and evaluates legal resource sites offering primary and secondary materials and other items of legal interest.Google Scholar

71 http://library.lawschool.cornell.edu/RESOURCES/insite.htm. The service annotates new law related web sites.Google Scholar

72 The twenty different web sites either publish guides, or index and link to guides. http://library.lawschool.cornell.edu/guides/researchengine.asp Google Scholar

73 http://www.lists.webjunction.org/currentcites. A monthly selection of annotated citations of current literature in information technology.Google Scholar

74 http://www.resourceshelf.com. A web site run by librarians who find useful resources.Google Scholar

75 http://www.firstmonday.org/. Peer reviewed journal on the Internet.Google Scholar

77 I have been involved in that issue for many years, having served as Chair, AALL/Library of Congress Task Force on Preservation of Digital Law, in 1998–1999, on AALL's Special Committee on Authentication and Preservation of Digital Law, in 1999–2001, and organized a Summit meeting in Ithaca, N.Y., in the Summer of 1998, with Dr. Rubens Medina, Law Librarian of Congress. “The Future of Legal Documents,” Library of Congress Official Bulletin (October 1998) http://www.loc.gov/loc/lcib/9810/law.html. For current information on efforts in the U.S., see Membership Briefing, Preservation, by The Special Committee on Permanent Public Access to Legal Information, chaired by Judy Meadows, Montana State Law Librarian, 10 AALL Spectrum (Dec. 2005 Center Insert). http://www.aallnet.org/products/pub_sp0512/pub_sp0512_MB Google Scholar

78 “Legal Information on the Internet: U.S. Perspectives,” (Paris, Oct. 1998, French Association for the Development of Legal Informatics) (ADIJ, Association pour le developpement de l'informatique juridique). Available at http://www.lawschool.cornell.edu/ Google Scholar

79 Called TRAC (a Trustworthy Repositories Audit and Certification Checklist), it is the result of the experience and knowledge of various digital repositories in the U.S.A. and Europe, including the E-Depot at the Koninklijke Bibliotheek in the Netherlands, the Inter-University Consortium for Political and Social Research, Portico, the Digital Curation Center (U.K.), DigitalPreservationEurope (Continental Europe) and NESTOR (Germany). The 93-page report is available in PDF from the Center for Research Libraries http://bibpurl.oclc.org/web/16712 Google Scholar

80 http://www.portico.org/. Anne Kenney, Interim University Librarian, Cornell University Library, serves on the Advisory Committee of Portico, and is a world renowned expert in digital preservation, having written extensively and taught tutorials in this area. http://www.lockss.org/lockss/Home Google Scholar

83 Nicholson, George, Associate Justice, California Supreme Court, talked about the problem at the 2005 AALL meeting in San Antonio, at a presentation called “The Great Disappearing Act; Preserving URLs Cited in Judicial Opinions.” Audiotape available. Summary at MALL Newsletter 16–17 (August 2005). http://www.aallnet.org/chapter/mall/news321.pdf Google Scholar

84 Passos, Edilenice, “Doing Legal Research in Brazil, “Feb. 2005. http://www.nyulawglobal.org/globalex/Brazil.htm Google Scholar

86 Germain, Claire M., “Digital Legal Information: Ensuring Access to the ‘Official’ Word of the Law,” 26 Cornell Law Forum 11–14 (1999); “Digital Legal Information: Here Today, Gone Tomorrow?,” Syllabus (ABA) 17 (Spring 1998).Google Scholar

87 See Authentication Survey Executive Summary. http://www.aallnet.org/aallwash/authen_rprt/ExecutiveSummaryReport.pdf The definition is drawn from the latest editions of Black's Law Dictionary and Fundamentals of Legal Research (by J. Myron Jacobstein, Roy M. Mersky, & Donald J. Dunn) and adopted as a guide to survey participants.Google Scholar

88 A Public Key Infrastructure (PKI) is “an asymmetric cryptography security environment that supports the transmission, delivery, and receipt of digital communications over a non-secure communications channel. PKI uses a pair of cryptographically related keys known as public and private keys which verify the identity of the sender (signing) and/or ensure privacy (encryption).” Information provided by Mike Wash, Chief Technical Officer, U.S. Government Printing Office. For further reading, see Public Key Infrastructure Assessment Guidelines, American Bar Association, Electronic Commerce and Information Technology Division, Information Security Committee (2003).Google Scholar

90 See The Authentication White Paper and the Version Control White Paper, prepared by the U.S. Government Printing Office in 2005. The Authentication White Paper addresses planning and implementation issues related to authentication of electronic content. http://www.access.gpo.gov/su_docs/fdlp/pubs/proceedings/05spring/cdqa/authentication_white_paper.pdf. The Version Control White Paper addresses planning and implementation issues related to version control of electronic content within the scope of the Federal Depository Library Program (FDLP). http://www.access.gpo.gov/su_docs/fdlp/pubs/proceedings/05spring/cdqa/version_control_white_paper.pdf For an earlier commentary, see “Le projet GPO visant à conserver l'ensemble des données juridiques publiques américaines,” Cornell Law School Working Paper Series, Paper 17 (November 2004). http://lsr.nellco.org/cornell/clsops/papers/17/ Google Scholar

91 Information provided by Mike Wash, Chief Technical Officer, U.S. Government Printing Office, at the AALL Authentication Summit, Chicago, April 20–21, 2007. See also http://www.gpo.gov/projects/fdsys.htm Google Scholar

92 Leiter, Richard, “Musings on the Future of Law Libraries,” 26 legal information alert 7 (Jan. 2007).Google Scholar

94 Freely adapted from a remark made by Robert (Bob) Berring, Jr., the Walter Perry Johnson Professor of Law at the University of California, Berkeley, at a keynote address at the AALL Centennial meeting in St Louis, Missouri, in July 2006. Bob Berring was director of the law library at Berkeley from 1982 to 2005.Google Scholar

95 The expression of “good housekeeping seal of approval” was coined by Dr. Harvey Washington Wiley, a professor of chemistry, who is credited for the passage of the Pure Food and Drugs Law in 1906 and served as the first commissioner of what would later become the Food and Drug Administration. In 1912, he took over the laboratories for the Good Housekeeping Magazine, and established the Good Housekeeping Seal of Approval, still in use today, for well designed products and appliances. http://thomas.loc.gov/cgi-bin/cpquery/R?cp107:FLD010:@1(hr429). The term is now used for many other examples of quality product.Google Scholar

96 Summary provided by Matt Braun in ALL-SIS Newsletter (Fall 2006) at http://www.aallnet.org/sis/allsis/newsletter/26_1/Berring.htm Google Scholar

97 Abram, Stephen often writes on future-oriented topics, and is Vice President of Innovation at SirsiDynix, and President Elect of SLA.Google Scholar

98 Abram, Stephen, “Web 2.0, Library 2.0, and Librarian 2.0: Preparing for the 2.0 World,” 2 SirsiDynix OneSource (January 2006). http://www.imakenews.com/sirsi/e_article000505688.cfm Google Scholar

99 A Special AALL Committee on Legal Research, chaired by Blair Kauffman, Librarian and Professor of Law, Yale Law School, focused on enhancing the value of law librarians as the information experts in their institutions, whether law firms, academic, corporate, or government settings, fostering the expertise of law librarians providing a core competency for their institutions; and promoting the teaching role of the law librarian as faculty member in the law school, or equivalent-instructor, trainer– in law firms, courts, and other law library settings. The Special Committee on Legal Research published a Members’ Briefing in AALL Spectrum (July 2006 Center Insert) http://www.aallnet.org/products/pub_sp0607/pub_sp0607_MB.pdf Google Scholar

100 This initiative was the result of a team effort, involving Professor Roy Mersky, University of Texas law School, President Erica Moeser's strong interest and vision, and the active participation of several law librarians and AALL support.Google Scholar

101 This section draws on information provided in Germain's Transnational Law Research, Ch. II, especially Sections 2.06–2.08.Google Scholar

102 See Germain's Transnational law Research, Ch. II, Section 2.08.1.Google Scholar

103 For some good pointers, see Yates, Sarah, “I Need This in English,” 9 AALL Spectrum (April 2005), pointing out with examples that Web translators are useful tools to find context, but not precise translations.Google Scholar

104 See Germain's Transnational Law Research, Ch. II, Section 208.3Google Scholar

105 The Special AALL Committee on Promoting Law Librarians to the Legal Community, chaired by Gail Warren, State Law Librarian, Virginia State Law Library, focused on promoting the visibility of librarians, and stressed the importance of working closely with the legal profession and law-related associations, and communicate their value effectively to the practicing bar, judiciary, the media, and law school deans. “Promoting Libraries,” 10 AALL Spectrum (April 2006 Center Insert). http://www.aall.org/products/pub_sp0604/pub_sp0604_MB.pdf Google Scholar

107 See Listing of International, Regional, and National Law Library Associations at http://www.iall.org, and with thanks to Lyonette Louis Jacques, Foreign Law Librarian & Lecturer, University of Chicago Law School, who created it and keeps it up-to-date, as well as a very useful Calendar of Events.Google Scholar

111 AALL has started a new continuing professional education program, which will include a distant learning component, and make use of new technologies when appropriate for its members. It has also committed financial resources to helping CPE programs at the regional and state level. http://www.aall.org/prodev/ Google Scholar

112 The Institute on Advanced Legal Studies in London has a regular program of internships. http://www.ials.sas.ac.uk/fellows/lfellows.htm, as well as the Max Planck Institute. See Claire M. Germain, “The Librarian Fellowship Program at the Max-Planck-Institute for Foreign and International Private Law in Hamburg, West Germany,” 8 International Journal of Law Libraries 223–24 (1980).Google Scholar