Pub Date : 2017-01-02DOI: 10.1080/0270319X.2017.1312191
Todd Venie
ABSTRACT This selective annotated bibliography is a guide to scholarly articles about use of the State Secrets Privilege during the War on Terror. Use of the privilege became controversial during the presidential administration of George W. Bush, resulting in a scholarly debate over the privilege and the propriety of its use in litigation concerning measures taken by the United States government in the years following the terrorist attacks of 11 September 2001. This bibliography is intended to provide an overview of the scholarly literature to lawyers, scholars, and students.
{"title":"The State Secrets Privilege and the War on Terror: An Annotated Bibliography","authors":"Todd Venie","doi":"10.1080/0270319X.2017.1312191","DOIUrl":"https://doi.org/10.1080/0270319X.2017.1312191","url":null,"abstract":"ABSTRACT This selective annotated bibliography is a guide to scholarly articles about use of the State Secrets Privilege during the War on Terror. Use of the privilege became controversial during the presidential administration of George W. Bush, resulting in a scholarly debate over the privilege and the propriety of its use in litigation concerning measures taken by the United States government in the years following the terrorist attacks of 11 September 2001. This bibliography is intended to provide an overview of the scholarly literature to lawyers, scholars, and students.","PeriodicalId":39856,"journal":{"name":"Legal Reference Services Quarterly","volume":"36 1","pages":"34 - 50"},"PeriodicalIF":0.0,"publicationDate":"2017-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0270319X.2017.1312191","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48605115","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-10-01DOI: 10.1080/0270319X.2016.1252227
Rebecca Kunkel
ABSTRACT A central tenet of the open data movement is that, to the extent permitted by law, data—especially data collected or produced by government agencies—should be published without restrictions on access or reuse. Proponents of open data believe that unrestricted access to raw data yields many benefits to society, including increased organizational transparency, accountability, public engagement with democratic processes, and economic growth. This article presents a case study based on one of the data sets created under the federal government's open data program, an XML version of the United States Government Manual published by the Office of the Federal Register. Working with the Government Manual data set uncovered various quality issues that presented technical barriers to data reuse, despite its compliance with open data principles of formatting and licensing. This experience raises questions about the purported link between open data and its promised benefits, which I discuss within the wider context of critiques of open data.
{"title":"The U.S. Government Manual in XML: A Case Study of a Data.gov Open Data Set","authors":"Rebecca Kunkel","doi":"10.1080/0270319X.2016.1252227","DOIUrl":"https://doi.org/10.1080/0270319X.2016.1252227","url":null,"abstract":"ABSTRACT A central tenet of the open data movement is that, to the extent permitted by law, data—especially data collected or produced by government agencies—should be published without restrictions on access or reuse. Proponents of open data believe that unrestricted access to raw data yields many benefits to society, including increased organizational transparency, accountability, public engagement with democratic processes, and economic growth. This article presents a case study based on one of the data sets created under the federal government's open data program, an XML version of the United States Government Manual published by the Office of the Federal Register. Working with the Government Manual data set uncovered various quality issues that presented technical barriers to data reuse, despite its compliance with open data principles of formatting and licensing. This experience raises questions about the purported link between open data and its promised benefits, which I discuss within the wider context of critiques of open data.","PeriodicalId":39856,"journal":{"name":"Legal Reference Services Quarterly","volume":"35 1","pages":"256 - 265"},"PeriodicalIF":0.0,"publicationDate":"2016-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0270319X.2016.1252227","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59279069","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-10-01DOI: 10.1080/0270319X.2016.1239484
Frederick Dingledy
ABSTRACT The Corpus Juris Civilis is indispensable for Roman law research. It is a vital pillar of modern law in many European nations and influential in other countries. Scholars and lawyers still refer to it today. This valuable publication, however, may seem impenetrable at first, and references to it can be hard to decipher or detect. This guide provides a history of the Corpus Juris Civilis and the forms it has taken, states why it is still an important resource today, and offers some tips and tools for research using it.
{"title":"The Corpus Juris Civilis: A Guide to its History and Use","authors":"Frederick Dingledy","doi":"10.1080/0270319X.2016.1239484","DOIUrl":"https://doi.org/10.1080/0270319X.2016.1239484","url":null,"abstract":"ABSTRACT The Corpus Juris Civilis is indispensable for Roman law research. It is a vital pillar of modern law in many European nations and influential in other countries. Scholars and lawyers still refer to it today. This valuable publication, however, may seem impenetrable at first, and references to it can be hard to decipher or detect. This guide provides a history of the Corpus Juris Civilis and the forms it has taken, states why it is still an important resource today, and offers some tips and tools for research using it.","PeriodicalId":39856,"journal":{"name":"Legal Reference Services Quarterly","volume":"35 1","pages":"231 - 255"},"PeriodicalIF":0.0,"publicationDate":"2016-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0270319X.2016.1239484","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59279032","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-10-01DOI: 10.1080/0270319X.2016.1227651
R. Berring
ABSTRACT This is the fifth installment in Robert C. Berring's autobiography, Education of a Twentieth-Century Law Librarian. The first installment is at 32 Legal References Services Quarterly 1 (2013).
{"title":"The Home Stretch to the Next Deanship: Part V of the Education of a Law Librarian","authors":"R. Berring","doi":"10.1080/0270319X.2016.1227651","DOIUrl":"https://doi.org/10.1080/0270319X.2016.1227651","url":null,"abstract":"ABSTRACT This is the fifth installment in Robert C. Berring's autobiography, Education of a Twentieth-Century Law Librarian. The first installment is at 32 Legal References Services Quarterly 1 (2013).","PeriodicalId":39856,"journal":{"name":"Legal Reference Services Quarterly","volume":"35 1","pages":"215 - 230"},"PeriodicalIF":0.0,"publicationDate":"2016-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0270319X.2016.1227651","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59278977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-07-02DOI: 10.1080/0270319X.2016.1227205
Caroline L. Osborne
ABSTRACT A new associate exits the office of Senior Partner with a research assignment. She returns to her office, sits down at the keyboard, pulls up her favorite search engine, and begins typing in keywords. This is the usual start to a research project by a novice researcher. This process may result in an answer; however, it is usually little more than an answer. The average attorney jumps into a research question without thinking.11 “The average attorney will dive into research without thinking. Don't yield to this temptation. Spend the time to just sit and think about your case, to know what question you should research.” Duane Ostler, The Strength Is in the Research, 20 Utah B.J. 42, 43 (2007). This article discusses the basic elements of a legal research plan, recommends designs of research plans, and identifies the role of the research log in the research process.
{"title":"The Legal Research Plan and the Research Log: An Examination of the Role of the Research Plan and Research Log in the Research Process","authors":"Caroline L. Osborne","doi":"10.1080/0270319X.2016.1227205","DOIUrl":"https://doi.org/10.1080/0270319X.2016.1227205","url":null,"abstract":"ABSTRACT A new associate exits the office of Senior Partner with a research assignment. She returns to her office, sits down at the keyboard, pulls up her favorite search engine, and begins typing in keywords. This is the usual start to a research project by a novice researcher. This process may result in an answer; however, it is usually little more than an answer. The average attorney jumps into a research question without thinking.11 “The average attorney will dive into research without thinking. Don't yield to this temptation. Spend the time to just sit and think about your case, to know what question you should research.” Duane Ostler, The Strength Is in the Research, 20 Utah B.J. 42, 43 (2007). This article discusses the basic elements of a legal research plan, recommends designs of research plans, and identifies the role of the research log in the research process.","PeriodicalId":39856,"journal":{"name":"Legal Reference Services Quarterly","volume":"21 1","pages":"179 - 194"},"PeriodicalIF":0.0,"publicationDate":"2016-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0270319X.2016.1227205","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59278934","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-07-02DOI: 10.1080/0270319X.2016.1227203
L. Sims
ABSTRACT As legal research tools come and go, an understanding of the continuing changes in legal publishing can provide a better understanding of those developments. One way in which law librarians can gain insight into the dynamic legal publishing world is by looking through the lens created by the innovative disruption model as proposed by Clayton Christensen almost 20 years ago. This article suggests that the Christensen model can provide valuable context to what is happening and may happen in legal publishing in the future.
{"title":"Legal Publishing: Establishing Context through the Lens of Disruptive Innovation","authors":"L. Sims","doi":"10.1080/0270319X.2016.1227203","DOIUrl":"https://doi.org/10.1080/0270319X.2016.1227203","url":null,"abstract":"ABSTRACT As legal research tools come and go, an understanding of the continuing changes in legal publishing can provide a better understanding of those developments. One way in which law librarians can gain insight into the dynamic legal publishing world is by looking through the lens created by the innovative disruption model as proposed by Clayton Christensen almost 20 years ago. This article suggests that the Christensen model can provide valuable context to what is happening and may happen in legal publishing in the future.","PeriodicalId":39856,"journal":{"name":"Legal Reference Services Quarterly","volume":"34 1","pages":"195 - 213"},"PeriodicalIF":0.0,"publicationDate":"2016-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0270319X.2016.1227203","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59278918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-06-27DOI: 10.1080/0270319X.2016.1208040
R. Danner
ABSTRACT In the 19th century, the term “case lawyer” was used as a label for lawyers who seemed to care more about locating precedents applicable to their current cases than understanding the principles behind the reported case law. Criticisms of case lawyers appeared in English journals in the late 1820s, then in the United States, usually from those who believed that every lawyer needed to know and understand the unchanging principles of the common law in order to resolve issues not found in the reported cases. After the Civil War, expressions of concern about case lawyers increased with the significant growth in the amount of published law after private companies entered the legal publishing market. By the turn of the 20th century, it was generally acknowledged the number of cases had made it impossible for attorneys to not focus on locating precedents. In the 20th century most references to case lawyers were historical, even as the amount of published law facing lawyers continued to grow.
{"title":"Cases and Case Lawyers","authors":"R. Danner","doi":"10.1080/0270319X.2016.1208040","DOIUrl":"https://doi.org/10.1080/0270319X.2016.1208040","url":null,"abstract":"ABSTRACT In the 19th century, the term “case lawyer” was used as a label for lawyers who seemed to care more about locating precedents applicable to their current cases than understanding the principles behind the reported case law. Criticisms of case lawyers appeared in English journals in the late 1820s, then in the United States, usually from those who believed that every lawyer needed to know and understand the unchanging principles of the common law in order to resolve issues not found in the reported cases. After the Civil War, expressions of concern about case lawyers increased with the significant growth in the amount of published law after private companies entered the legal publishing market. By the turn of the 20th century, it was generally acknowledged the number of cases had made it impossible for attorneys to not focus on locating precedents. In the 20th century most references to case lawyers were historical, even as the amount of published law facing lawyers continued to grow.","PeriodicalId":39856,"journal":{"name":"Legal Reference Services Quarterly","volume":"35 1","pages":"147 - 178"},"PeriodicalIF":0.0,"publicationDate":"2016-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0270319X.2016.1208040","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59279289","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-04-02DOI: 10.1080/0270319X.2016.1177431
K. Kelmor
ABSTRACT The introduction of legal content to Google Scholar made United States case law and law journal articles accessible to an unprecedented extent. With case law freely available and accurate bibliographic information for articles, could Google Scholar be accurate and complete enough for correctional institutions to forgo purchasing either print publications or fee-based services for these materials? This article empirically assesses whether Google Scholar can reliably answer the questions of inmates in a correctional facility, the Baltimore City Detention Center. As a comparison, the same questions are tested in Westlaw Correctional, a subscription database marketed to correctional institutions.
{"title":"Inmate Legal Information Requests Analysis: Empirical Data to Inform Library Purchases in Correctional Institutions","authors":"K. Kelmor","doi":"10.1080/0270319X.2016.1177431","DOIUrl":"https://doi.org/10.1080/0270319X.2016.1177431","url":null,"abstract":"ABSTRACT The introduction of legal content to Google Scholar made United States case law and law journal articles accessible to an unprecedented extent. With case law freely available and accurate bibliographic information for articles, could Google Scholar be accurate and complete enough for correctional institutions to forgo purchasing either print publications or fee-based services for these materials? This article empirically assesses whether Google Scholar can reliably answer the questions of inmates in a correctional facility, the Baltimore City Detention Center. As a comparison, the same questions are tested in Westlaw Correctional, a subscription database marketed to correctional institutions.","PeriodicalId":39856,"journal":{"name":"Legal Reference Services Quarterly","volume":"35 1","pages":"135 - 146"},"PeriodicalIF":0.0,"publicationDate":"2016-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0270319X.2016.1177431","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59279278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-04-02DOI: 10.1080/0270319X.2016.1177422
S. deMaine
ABSTRACT Information governance is a holistic business approach to managing and using information that recognizes information as an asset as well as a potential source of risk. Law librarians and legal information professionals are well situated to take leadership roles in information governance efforts, including instructing law students in information governance principles and practices. This article traces the development of information governance and its importance to the legal profession, offers a primer on information governance principles and implementation, and discusses how academic law librarians and other legal educators can teach information governance to law students using problem-based learning or similar pedagogical methods.
{"title":"Preparing Law Students for Information Governance","authors":"S. deMaine","doi":"10.1080/0270319X.2016.1177422","DOIUrl":"https://doi.org/10.1080/0270319X.2016.1177422","url":null,"abstract":"ABSTRACT Information governance is a holistic business approach to managing and using information that recognizes information as an asset as well as a potential source of risk. Law librarians and legal information professionals are well situated to take leadership roles in information governance efforts, including instructing law students in information governance principles and practices. This article traces the development of information governance and its importance to the legal profession, offers a primer on information governance principles and implementation, and discusses how academic law librarians and other legal educators can teach information governance to law students using problem-based learning or similar pedagogical methods.","PeriodicalId":39856,"journal":{"name":"Legal Reference Services Quarterly","volume":"35 1","pages":"101 - 123"},"PeriodicalIF":0.0,"publicationDate":"2016-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0270319X.2016.1177422","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59279172","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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