"History and Counter-History: 25 Years of Writing for the High Court" Free Download
Sydney Law Review, Vol. 37, No. 4, pp. 567-593, 2015
Sydney Law School Research Paper No. 16/08

ARLIE LOUGHNAN, University of Sydney - Faculty of Law
SHAE MCCRYSTAL, University of Sydney - Faculty of Law

In 1991, the Sydney Law Review commenced publishing a column discussing cases due to be heard by the High Court of Australia. On the 25th anniversary of the Before the High Court (‘BTHC’) column, this paper provides an overview of the history of the column, its genesis and a measure of the take-up of BTHC columns by the High Court and elsewhere. The BTHC column has been and remains significant, both as a facilitator of scholarly engagement with High Court decision-making, and as part of a wider tradition of legal academic writing for courts. The paper suggests that the BTHC represents both history — of academic analysis and arguments taken up by the Court — and counter-history — the alternatives or paths not taken at significant junctures in the development of law in Australia.

"Review of the Governance Gap: Extractive Industries, Human Rights, and the Home State Advantage" Free Download
The Extractive Industries and Society

JASON MACLEAN, Lakehead University - Bora Laskin Faculty of Law

In The Governance Gap: Extractive industries, human rights, and the home state advantage, Canadian law scholars Penelope Simons and Audrey Macklin argue that there is a “governance gap? with respect to the prevention of, and accountability for, direct or indirect corporate human rights abuses in host states and the provision of redress to victims of such abuses. In particular, the authors focus on the persistence of this governance gap in relation to the human rights-impacting conduct of transnational extractive corporations operating in zones of weak governance. The principal contribution of The Governance Gap is also its chief limitation. That contribution lies in the authors’ demonstration of the inadequacy of voluntary self-regulation on the part of transnational extractive companies and the need for effective, prescriptive state governance. And yet this is also ultimately the central shortcoming of what is otherwise a highly accessible and valuable contribution to the literature on transnational corporate accountability. Regrettably, Simons and Macklin do not engage the issue of industry interference with public interest legislation in putatively “governance-rich? states like Canada.

"Success of Information Systems Usage in Government Organizations in the North Central Province in Sri Lanka" Free Download
3rd International Research Symposium - 2015, Rajarata University of Sri Lanka, 26th - 27th January 2016, p. 422-427

MUNASINGHE P.G. , Rajarata University of Sri Lanka

Information systems play a vital role in today’s business world. Literature reveals that information systems are not success in every context due to various reasons. Although several conceptual and empirical studies have addressed these issues, their findings are inconclusive. Studies that have investigated the use of success of information systems in Sri Lankan context are rare and very limited. Therefore, this study aims to identify the factors that effect on success of information system usage in the government sector organizations in Sri Lanka. A sample of 96 information system users in government organizations in the North Central Province of Sri Lanka was selected using purposive/random sampling. A questionnaire survey was administered in the data collection. Data analysis consists of descriptive statistics, correlation analysis and multiple linear regression analysis. The results reveal that information quality, system quality and user quality have significance effects to the effective use of information systems. The study stresses the necessity of improving the quality of information in the information systems to enhance the ease of use, reliability and security. Moreover, government should employ well qualified staff and trained them regularly to ensure the quality of service provided through the information systems.

"Records Management Law - A Necessary Major Field of the Practice of Law" Free Download

KEN CHASSE, Independent

This article outlines the divisions of work of the records management lawyer specialist. Electronic records management technology is sufficiently complex, unregulated, and important to everyday living and to legal proceedings and services, as to make necessary records management law as a specialized field of the practice of law, and the records management lawyer a necessary specialist. Such specialist will work with litigation lawyers and with experts in electronic records management. The current electronic discovery specialist will become the records management lawyer, aiding all uses of electronic records as evidence. Teaching clients to index all significant records so that their lawyers can search their electronic indexes for discovery purposes. That will eliminate the high cost of discovery problems and the need to use predictive coding and other TAR devices.

The author has worked with experts in electronic records management for many years. As a result, the serious defects commonly found in electronic records management systems are listed, along with their vulnerable dependence upon millions of lines of software code. The innovations that a specialist records management lawyer will use are outlined. Because of societies’ very heavy dependence upon electronic records management technology, the legal infrastructure necessary to control its use will be as great as that required for motor vehicles. The records management lawyer will have to be part of that legal infrastructure, and records management law will be an important area of the practice of law. It will require a continuing relationship with commercial and institutional clients so as to provide preventive legal services and not just remedial legal services.

"Legal Ethics’ Next Frontier: Lawyers and Cybersecurity" Free Download
Chapman Law Review, Forthcoming
U Denver Legal Studies Research Paper No. 16-04

ELI WALD, University of Denver Sturm College of Law

The inherent uncertainty surrounding cyberattacks on law firms – who perpetrated the attack, what information was compromised, and what damage, if any, did clients suffer as a result of the attack – renders liability controls such as malpractice lawsuits and market controls such as being fired by a client ineffective means of regulating lawyers’ cybersecurity conduct. Of course, some lawyers have been at the forefront of practicing diligent cybersecurity. Yet, because practicing cybersecurity is expensive and the technological learning curve for lawyers is steep, in the face of under-regulation and few practical consequences for inaction, some lawyers may fail to reasonably defend against cyber-threats, the known risks notwithstanding.

This article argues that the under-regulation of lawyers’ cybersecurity conduct can be effectively addressed by promulgating rules of professional conduct, which will require lawyers to adopt and implement cybersecurity plans for all clients, define the meaning of “reasonable efforts? necessary to prevent the unauthorized disclosure or access to confidential client information, and mandate disclosure to clients of cyberattacks and information theft.

Part I of the article summarizes the knowledge lawyers have recently gained about cybersecurity, namely who is attacking them, why, and what can be done to defend against cyberattacks. Part II examines the under-regulation of lawyers’ cybersecurity conduct and its consequences. Part III advances a proposal for a regulatory response, in the form of new and revised rules of professional conduct designed to ensure that lawyers make reasonable efforts to protect clients’ confidential information.

"Effects of Demand-Driven Acquisitions on Law Library Collection Development" Free Download
Law Library Journal, Vol. 108, 2016
Brooklyn Law School, Legal Studies Paper No. 442

JANET SINDER, Brooklyn Law School

Demand-driven acquisitions, a program where libraries place book records in their catalogs, but purchase the materials only if they are used, is becoming more common as a method of collection development. This article first discusses traditional collection development practices in academic law libraries and outlines the mechanics and goals of the demand-driven acquisitions model. It then considers the effects of that model on law library collections and collection development practices.


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


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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