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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

Lay Deployment of Professional Legal Knowledge

D. James Greiner, Harvard University - Center on the Legal Profession, Harvard University - Edmond J. Safra Center for Ethics
Dalié Jiménez, University of Connecticut School of Law, Harvard Law School - Center on the Legal Profession
Lois R. Lupica, University of Maine School of Law

Taking Public Access to the Law Seriously: The Problem of Private Control Over the Availability of Federal Standards

Nina A. Mendelson, University of Michigan Law School

Habeas Libris: For Books in Need of a Reprieve

Ross E. Davies, George Mason University School of Law, The Green Bag

Browsing Versus User-Centric Spaces in Academic Law Libraries

Paul Riermaier, Independent


LEGAL INFORMATION & TECHNOLOGY 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

"Lay Deployment of Professional Legal Knowledge" Free Download

D. JAMES GREINER, Harvard University - Center on the Legal Profession, Harvard University - Edmond J. Safra Center for Ethics
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DALIÉ JIMÉNEZ, University of Connecticut School of Law, Harvard Law School - Center on the Legal Profession
Email:
LOIS R. LUPICA, University of Maine School of Law
Email:

We will never have enough lawyers to serve the civil legal needs of all low- and moderate-income (LMI) individuals who must navigate civil legal problems. A significant part of the access to justice toolkit must include self-help materials. That much is not new; indeed, the access to justice community has been actively developing pro se guides and forms for decades. But by focusing self-help materials on educating LMI individuals about formal law, and by considering the task of helping LMI individual complete once the self-help materials have been made accessible, the access to justice community has hamstrung its creations. In particular, modern self-help materials fail to address many psychological and cognitive barriers that prevent LMI individuals from successfully deploying their contents.

This Article makes two contributions. First, we develop a theory of the obstacles LMI individuals face when attempting to deploy professional legal knowledge. Second, we apply learning from fields as varied as psychology, public health, education, artificial intelligence, and marketing to develop a framework for how courts, legal aid organizations, law school clinics, and others might re-conceptualize the design and delivery of civil legal materials for unrepresented individuals. We illustrate our framework with examples of re-imagined civil legal materials.

"Taking Public Access to the Law Seriously: The Problem of Private Control Over the Availability of Federal Standards" Free Download
Environmental Law Reporter, Vol. 45, No. 8, 2015

NINA A. MENDELSON, University of Michigan Law School
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To save resources and build on private expertise, federal agencies have incorporated privately drafted consumer and environmental safety, benefits, testing, and other standards into thousands of federal regulations — but only by “reference.? Unlike the entire U.S. Code and the rest of the Code of Federal Regulations, freely available in depository libraries or online, access to the text of this regulatory law is under largely private control. Apart from the option to travel to a Washington, D.C. reading room, the private drafting organizations control access. Standards can be difficult to find and a reader must often pay a significant fee to see one. This brief article overviews the problem, as well as the reasons that underlie the intuition that law, in a democracy, needs to be readily, publicly available. Beyond the need of regulated entities to gain notice of their obligations, ready public access is needed for regulatory beneficiaries, including Medicare recipients, consumers of risky products, or neighbors of natural gas pipelines. The content, as well as the existence, of these standards can importantly affect beneficiary choices regarding what to purchase, where to live, and so forth. Meaningful public access is also critical for citizens to engage in public debate and to hold government accountable both for complying with the law and for devising it, particularly (though not only) when government relies on private organizations whose interests can be narrowly focused and processes closed. Moreover, when individuals have to pay a fee to read the law, it sends a damaging message that starkly contrasts with the long-established American tradition of widespread public access to the law. The article calls for meaningful levels of free public access to the text of these incorporated standards.

"Habeas Libris: For Books in Need of a Reprieve" Free Download

ROSS E. DAVIES, George Mason University School of Law, The Green Bag
Email:

I am here just to offer what I would like to think is a workable suggestion about one way to support book-loving law librarians and their loved ones in this time of much dramatic re-ordering of priorities and facilities, and much less re-shelving of books. This no-cost program — it’s not quite no-cost, because you must do the work of giving information to the Green Bag and then dealing with people who are interested in your books, and the Green Bag must do the work of maintaining the Habeas Libris website — is simple and straightforward (it really is). You send the Green Bag two things: (1) a list, in pdf or Word, of books you want to dispose of and (2) a pdf or Word document with the terms on which you are willing to dispose of them. The Green Bag posts the documents, as soon as it reasonably can, next to your library’s name in the list of libraries on the Habeas Libris website. You can send the Green Bag updates whenever you like and we will post them. Anyone can visit the website and poke around on it in search of books, and anyone can reach out to you based on what they find in your book list and in your rules. That is all. For now, Habeas Libris will simply give librarians a place to share news about their books that are on a bibliographical death row, and give the world — the interested part of it — one last chance to grant those books a reprieve. At the very least, librarians who list their last-gasp books on Habeas Libris will be able to sleep a little easier at night, knowing that they gave those books a chance to survive and serve more readers.

"Browsing Versus User-Centric Spaces in Academic Law Libraries" Free Download

PAUL RIERMAIER, Independent
Email:

Academic law libraries are increasingly tasked with making difficult decisions about the best use of library space. This article considers the costs and benefits of converting open, browseable stacks into closed stacks that use a more efficient shelf arrangement than classification order.

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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.

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

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Advisory Board

Legal Information & Technology eJournal

DUNCAN ALFORD
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

BARBARA BINTLIFF
Professor, University of Texas School of Law

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

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

MICHAEL CHIORAZZI
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

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

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

PENNY A. HAZELTON
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

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

MARY A. HOTCHKISS
Director, Academic Advising, Senior Law Lecturer, University of Washington School of Law

RICHARD A. LEITER
Professor of Law and Director, University of Nebraska College of Law, Schmid Law Library

CAROL A. PARKER
Associate Dean for Finance & Administration; Professor of Law, University of New Mexico School of Law

MARYLIN J. RAISCH
Associate Law Librarian for International and Foreign Law, Georgetown University Law Library

JANET SINDER
Library Director and Associate Professor, Brooklyn Law School