"Cases and Case-Lawyers" Free Download
Legal Reference Services Quarterly, Vol. 35, Forthcoming
Duke Law School Public Law & Legal Theory Series

RICHARD A. DANNER, Duke University School of Law

In the nineteenth 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 twentieth century, it was generally acknowledged that the number of cases had made it impossible for attorneys not to focus on locating precedents. Later in the century most references to case-lawyers were historical, even as the amount of published law facing lawyers continued to grow. Professor Danner examines legal periodicals and other sources to explore the connection between the growth in numbers of published cases and reporters, and hostility toward case-lawyers in the nineteenth and early twentieth centuries.

"Donde Esta La Biblioteca? It's a Damn Shame: Outdated, Inadequate, and Nonexistent Law Libraries in Immigrant Detention Facilities" Free Download

SARAH DUNAWAY, Public Law Library of King County

This article proposes that all immigrant detainees should have meaningful access to a well-equipped law library, legal materials, and equipment. The article begins with an overview of the current lack of access to law libraries in immigrant detention facilities. The article then moves on to discuss the ongoing development of pending legislation, which would create a statutory right for an immigrant detainee to have meaningful access to a properly equipped law library. Finally, the article explores what it truly means to be a “properly equipped law library� and what level of access should be guaranteed to immigrant detainees.

"Deconstructing the Durham Statement: The Persistence of Print Prestige During the Age of Open Access" Free Download

SARAH REIS, University of Washington, School of Law, Students

In the seven years following the promulgation of the Durham Statement on Open Access to Legal Scholarship, law journals have largely responded to the call to make articles available in open, electronic formats, but not to the call to stop print publication and publish only in electronic format. Nearly all of the flagship law reviews at ABA-accredited institutions still insist on publishing in print, despite the massive decline in print subscribers and economic and environmental waste. The availability of a law journal in print format remains a superficial indicator of prestige and quality to law professors, student editors, and law school administrations. A shift from print publication to electronic-only publication is not as simple as having a law journal merely cancel its print runs, but rather requires several fundamental changes to the publication process. Many law journals must also greatly improve their websites before electronic-only publication can truly replace print publication. The Durham Statement was drafted by law library directors from top law schools across the country. Law librarians today must assist in facilitating the transition if we ever expect to see a world of electronic-only publication of law journals. This paper argues that the Harvard Law Review, Yale Law Journal, and Stanford Law Review must be the first law reviews to transition to electronic-only publication, after which other law journals will follow suit.

"'Are You a Member of the Law School Community?': Access Policies at Academic Law Libraries and Access to Justice" Free Download

SARAH REIS, University of Washington, School of Law, Students

Law libraries play a crucial role in facilitating access to legal materials, which is a necessary prerequisite to achieving access to justice. However, many academic law libraries, particularly at private law schools, are closed to members of the general public. This paper explores the access policies at law libraries at the top 25 law schools and in the three largest metropolitan areas to investigate whether members of the general public who live in these areas have adequate access to legal materials. This paper also includes a case study of the Seattle area to offer insight into how members of the general public in Seattle can obtain access to legal materials. This paper proposes introducing legal research clinics and restructuring advanced legal research courses at both public and private law schools to help address unmet legal needs and to provide students with public service opportunities. The success of both proposals hinges on the willingness of law librarians to oversee the legal research clinics and to teach the advanced legal research classes. Both proposals will help law schools comply with ABA Standards 303 and 304, which go into effect beginning with the 2016-17 academic year. Implementation of these proposals will also improve the image and reputation of law schools and the legal profession, better equip law students with necessary legal research and writing skills before they graduate, and reduce the amount of unmet legal needs in communities.


About this eJournal

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.

Editors: Randy J. Diamond, University of Missouri, and Lee F. Peoples, Oklahoma City University


To submit your research to SSRN, sign in to the SSRN User HeadQuarters, click the My Papers link on left menu and then the Start New Submission button at top of page.

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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