The views expressed in the Legal Information & Technology eJournal are those of the contributing authors and do not imply the endorsement of the sponsor, advisory board, or editors.

The Legal Information & Technology eJournal is sponsored by the Academic Law Libraries Special Interest Section (ALL-SIS). The purpose of the Section is to provide a forum for the exchange of ideas and information on academic law libraries and to represent its members' interests and concerns within the American Association of Law Libraries. The eJournal is also sponsored by the Mid-America Association of Law Libraries (MAALL), an official chapter of the American Association of Law Libraries. MAALL includes members from academic, court, and law firm libraries in Arkansas, Illinois, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, and South Dakota.

Table of Contents

Called to Write: The AALL/LexisNexis Call for Papers Award Has Been Motivating Law Librarians for Nearly 30 Years

Benjamin J. Keele, Indiana University Robert H. McKinney School of Law
Sara Sampson, University of North Carolina (UNC) at Chapel Hill - School of Law

Sifting Through the Dustbin of Legal Research History

Patrick Joseph Charles, Gonzaga University - School of Law

The Uncertain Promise of Predictive Coding

Dana Remus, University of North Carolina School of Law

Machine Learning and Law

Harry Surden, University of Colorado Law School

Technology and Judicial Ethics

David C. Hricik, Mercer University - Walter F. George School of Law

Are Designers Ready for Privacy by Design? Examining Perceptions of Privacy Among Information Systems Designers

Tomer Hasson, University of Haifa - Information Systems Department
Irit Hadar, University of Haifa - Information Systems Department
Oshrat Ayalon, Tel Aviv University
Sofia Sherman, University of Haifa
Eran Toch, Tel Aviv University - Department of Industrial Engineering
Michael Birnhack, Tel Aviv University - Buchmann Faculty of Law

Sponsored by the Academic Law Libraries Special Interest Section of the American Association
of Law Libraries and the Mid-America Association of Law Libraries

"Called to Write: The AALL/LexisNexis Call for Papers Award Has Been Motivating Law Librarians for Nearly 30 Years" Free Download
AALL Spectrum, Vol. 18, No. 6, pp. 20-21, 2014

BENJAMIN J. KEELE, Indiana University Robert H. McKinney School of Law
SARA SAMPSON, University of North Carolina (UNC) at Chapel Hill - School of Law

This paper discusses the history of the American Association of Law Libraries writing competition and scholarship it has encouraged.

For many law librarians, conducting research is at (or very near to) the core of their professional work. We often guide others in their research or even do the work for them. However, for many librarians, pursuing their own professional research projects and then preparing the results for publication is a particular challenge. Perhaps other job duties consume so much time that there is little left for a writing project. Or maybe there is little encouragement from colleagues to research further a topic that sparked curiosity. Or it could be that simply identifying and finessing a research question that is both important and manageable requires a small push to overcome any inertia. Both authors have run into these obstacles, and often a little nudge was all that was needed to get a snowball of an idea rolling down the hill and gathering momentum.

"Sifting Through the Dustbin of Legal Research History" Free Download
AALL Spectrum, June 2014

PATRICK JOSEPH CHARLES, Gonzaga University - School of Law

This article looks at eight obsolete and outdated print and online legal research tools. These obsolete legal research tools helped in the development of modern legal research tools and methods.

"The Uncertain Promise of Predictive Coding" Free Download
Iowa Law Review, Vol. 99, p. 101, 2014

DANA REMUS, University of North Carolina School of Law

Increasingly, machine-learning technologies known as “predictive coding� are automating document review in discovery practice. Recent law school graduates may lament the impact on entry-level law hiring, but the litigation community is embracing the new technologies. Proponents contend that by replacing the unreliable and inconsistent discretion of lawyers with the mechanized objectivity of computers, predictive-coding technologies can solve both the practical problems of e-discovery and the deeper-seated problems of excess, abuse, and trust that have long plagued discovery practice.

In this Article, I advise caution in the adoption of predictive-coding technologies. These technologies hold unquestionable potential as a means of coping with unmanageable datasets, but they entail costs as well as benefits. I argue that if lawyers ignore these costs, they will unwittingly abdicate control to computer scientists and vendors, compromising the profession’s jurisdiction and undermining lawyers’ ability to serve clients and the judicial system. I conclude that the profession has an ethical obligation to explore the costs as well as the benefits of predictive coding, and to play a more active role in its design and use.

"Machine Learning and Law" Free Download
Washington Law Review, Vol. 89, No. 1, 2014

HARRY SURDEN, University of Colorado Law School

This Article explores the application of machine learning techniques within the practice of law. Broadly speaking “machine learning� refers to computer algorithms that have the ability to “learn� or improve in performance over time on some task. In general, machine learning algorithms are designed to detect patterns in data and then apply these patterns going forward to new data in order to automate particular tasks. Outside of law, machine learning techniques have been successfully applied to automate tasks that were once thought to necessitate human intelligence — for example language translation, fraud-detection, driving automobiles, facial recognition, and data-mining. If performing well, machine learning algorithms can produce automated results that approximate those that would have been made by a similarly situated person.

This Article begins by explaining some basic principles underlying machine learning methods, in a manner accessible to non-technical audiences. The second part explores a broader puzzle: legal practice is thought to require advanced cognitive abilities, but such higher-order cognition remains outside the capability of current machine-learning technology. This part identifies a core principle: how certain tasks that are normally thought to require human intelligence can sometimes be automated through the use of non-intelligent computational techniques that employ heuristics or proxies (e.g., statistical correlations) capable of producing useful, “intelligent� results. The third part applies this principle to the practice of law, discussing machine-learning automation in the context of certain legal tasks currently performed by attorneys: including predicting the outcomes of legal cases, finding hidden relationships in legal documents and data, electronic discovery, and the automated organization of documents.

"Technology and Judicial Ethics" Free Download

DAVID C. HRICIK, Mercer University - Walter F. George School of Law

This paper was written for judges to assist them in understanding: their obligations concerning Facebook and other social networking sites, including "friending" lawyers; the confidentiality of email, texts, and other e-communications; the use of the Internet by lawyers to research jurors or potential jurors; the use of the Internet by judges to research the facts and law; and how to admonish jurors not to use the Internet to research the case before them or to discuss it prior to deliberations.

"Are Designers Ready for Privacy by Design? Examining Perceptions of Privacy Among Information Systems Designers" 

TOMER HASSON, University of Haifa - Information Systems Department
IRIT HADAR, University of Haifa - Information Systems Department
OSHRAT AYALON, Tel Aviv University
SOFIA SHERMAN, University of Haifa
ERAN TOCH, Tel Aviv University - Department of Industrial Engineering
MICHAEL BIRNHACK, Tel Aviv University - Buchmann Faculty of Law

How do information systems designers handle privacy when designing systems? How do they perceive and interpret privacy?

Privacy by Design (PbD) is the idea that designers should apply technological measures that aim to address privacy concerns, applied to the very same technology that might create the privacy risk. PbD requires system designers to apply inherent solutions for privacy issues, so to facilitate privacy within the system. PbD, and more generally information systems design, depends on the designers rather than on regulators or managers. Hence, the objective of this research is to explore designers' perceptions, attitudes, and prior knowledge as to privacy issues. To this end, we interviewed 27 experienced software designers from different domains in industry, including telecommunication, healthcare, and software infrastructure. Data were qualitatively analyzed in light the Fair Information Privacy Principles (FIPPs).

Our findings indicate that software designers frame privacy mainly as a matter of information security; some refer also to secrecy and internal permission systems in the organization; other principles, such as notice, consent, and rectification, were hardly found as part of the designers’ perception of privacy. Many of the designers perceive privacy as a theoretical-abstract concept, rather than an applicable principle in designing information systems. Moreover, they demonstrate an ambivalent attitude towards the issue whether they are responsible for addressing privacy concerns. In many cases, privacy is framed as a legal issue, handled by the organization’s legal department, or as a data security issue, handled by security experts. In addition, designers report adopting organizational values and practices, specifically in cases where ignoring privacy concerns may benefit the business.

We identified two important forces that affect privacy-related practices within organizations: (1) organizational policy, and (2) organizational climate, namely the norms and culture within the organization. These two forces can be aligned, as was frequently evident in the healthcare domain, and can, at times, be inconsistent, as we found in other domains, such as telecommunication. In the latter cases, designers reported that they comply with what they felt they were expected to do, namely with the organizational climate, rather than with the formal policy.

The findings of this research shed some light onto the current state of privacy handling in new technologies, as well as point to obstacles for applying PbD. This, in turn, directs future steps to be taken in order to improve the protection of personal information. We believe that changing the organizational privacy climate to better support privacy in information systems would go a long way to improve design decision-making in this context. To this end, management commitment is an obligatory requirement, accompanied with the following activities: educating designers to be more familiar with the law and more aware of privacy issues and possible solutions; offering intra-organizational sources about privacy; forming a dedicated role within the organization to support designers when addressing privacy issues, such as a Chief Privacy Officer; and establishing technical internal review procedures to supervise and ensure that the design solutions fully and satisfactorily address relevant privacy policy.


About this eJournal

Sponsored by: the Academic Law Libraries Special Interest Section of the American Association of Law Libraries and the Mid-America Association of Law Libraries.

This eJournal distributes working and accepted paper abstracts in all areas of legal information scholarship. Topics include (but are not limited to): 1) the impact of legal information on domestic, comparative, and international legal systems; 2) the treatment of legal information authorities and precedents (e.g., citation studies); 3) the examination of rules, practices, and commentary limiting or expanding applications of legal information (e.g., citation to unpublished opinions and to foreign law); 4) 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); 5) 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 decisionmakers to determine legal outcomes; 6) the history of legal information systems and technological advancements; 7) legal information system design and assessment; and 8) 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: 1) administration, management, and leadership; 2) facility design and construction; 3) evaluating and marketing law library services; 4) all aspects of public, technical, and technology services; 5) collection development, including sample collection development policies and procedures; 6) electronic resource management and development including licensing, digitization, and institutional repositories; 7) research and reference services; and 8) legal research instruction teaching methods and substantial or innovative course materials.


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Advisory Board

Legal Information & Technology eJournal

Associate Dean/ Director of the Law Library, University of South Carolina School of Law, Associate Dean for the Law Library & Associate Professor of Law, University of South Carolina - Coleman Karesh Law Library

Professor, University of Texas School of Law

Associate Director and Head of Technical Services, William A. Wise Law Library, University of Colorado Law School

Library Director & Associate Professor of Law, University of Missouri-Kansas City School of Law - Leon E. Bloch Law Library

Associate Dean for Information Services, Professor of Law, Professor of Information Resources and Library Science, and Editor, Legal Reference Services Quarterly, University of Arizona - James E. Rogers College of Law, Cracchiolo Law Library

Rufty Research Professor of Law & Senior Associate Dean for Information Services, Duke University School of Law

Assistant Professor of Law and Director of Library Services, Emory University School of Law - Hugh F. MacMillan Law Library

University of Washington - School of Law, Professor of Law and Associate Dean for Library and Computing Services, University of Washington School of Law - Gallagher Law Library

International & Foreign Law Librarian, University of California School of Law Library - Boalt Hall Law Library

Director, Academic Advising, Senior Law Lecturer, University of Washington School of Law

Professor of Law and Director, University of Nebraska College of Law, Schmid Law Library

Associate Dean for Finance & Administration; Professor of Law, University of New Mexico School of Law

Associate Law Librarian for International and Foreign Law, Georgetown University Law Library

Library Director and Associate Professor, Brooklyn Law School, Editor, Law Library Journal, American Association of Law Libraries