Skip to main content

Another "If You Can't Beat Them . . ." Story

Being relatively new to the field of law librarianship, one thing I like to do, whenever I get the chance, is read older (i.e., before I entered the field) articles in journals, both law library-related and just law-related. It can be very rewarding to see how certain issues or positions have developed, or even discover that people 10, 20, or even more years ago were struggling with the same issues and had the same complaints we do today. It can also be very amusing to read older discussions about technology in these journals and compare them with where we are now. Personally, I started with Frank Houdek's wonderful piece "The Essential Law Library Journal" (100 Law Libr. J. 137 (2008)), and I've been working through the articles he lists, with some tangents along the way.

One of my tangents led me to "The Final Report of the Task Force on Citation Formats," which was published at 87 Law Libr. J. 577-633 in 1995. Although the Report itself was very enlightening, the dissents were by far much more entertaining. Sitting, as we are, in 2011 and looking back in time 16 years, with all of the technological advancements and changes in research habits and philosophies that accompany them, it's very easy to read the dissents and laugh at their fearmongering.

Now, I'm sure the authors of the dissents were truly concerned for the future of legal research, and I appreciate their participation in this great, ongoing debate. Some of the points they raised were probably legitimate at the time, but have since fallen by the way-side or been greatly diminished in force. For example, while it may have been true in the mid-1990s that the vast majority of attorneys did their caselaw research primarily, if not exclusively, in books (p. 609), I would be very surprised if that remains true today (for better or worse).

My favorite part of the dissenting opinions appears in the dissent written by the two members of the AALL Task Force who were employees of West Publishing (pp. 607-23). Again, they did make some valid points, and I don't mean to belittle their contribution to the debate.

However, the authors of this dissent, in a footnote, discuss a bill, H.R. 4426, that was introduced in 1992 that would have, inter alia, explicitly excluded "copyright protection for any name, number, or citation by which the text of state or federal laws or regulations are identified, or for any volume or page number by which state or federal laws, regulations, judicial opinions, or portions thereof have been identified" (p. 611 n.16). The authors then gleefully point out that, although AALL supported the bill, some prominent members of the AALL community were against it. The authors explain, with approval, that this opposition was because the bill was nothing more than "special interest legislation sponsored by [a] foreign-owned [company]" that "intended to scan pages from the National Reporter System and resell it on CD-ROM". The result, it was argued, would be either that West would be forced to charge more for their reporters or that the NRS would die; either way, "[t]his ill-advised foreign-sponsored legislation," if passed, would be "a great disservice to library patrons."

See . . . West was looking out for all of us poor law libraries. They're on our side.

Oh, yeah, I almost forgot. That "foreign-owned" company that wanted to destroy the legal publishing world with its "special interest legislation"?:

Thomson Legal Publishing.

Comments

Popular posts from this blog

The Amazing, but True, Deportation Story of Carlos Marcello

Earlier this week, the University of Houston Law Center was fortunate to have as its guest Professor Daniel Kanstroom of Boston College of Law. An expert in immigration law, he is the Director of the International Human Rights Program, and he both founded and directs the Boston College Immigration and Asylum Clinic. Speaking as the guest of the Houston Journal of International Law’s annual Fall Lecture Series, Professor Kanstroom discussed issues raised in his new book, Aftermath: Deportation Law and the New American Diaspora . Professor Michael Olivas introduced Professor Kanstroom to the audience, and mentioned the fascinating tale of Carlos Marcello, which Professor Kanstroom wrote about in his chapter “The Long, Complex, and Futile Deportation Saga of Carlos Marcello,” in Immigration Stories , a collection of narratives about leading immigration law cases. My interest piqued, I read and was amazed by Kanstroom’s description of one of the most interesting figures in American le

C-SPAN Video Archive Now Online

Legislative researchers and politics fans take note. C-SPAN recently completed a digitization project placing the entirety of its video collection online. The archives record all three C-SPAN networks seven days a week, twenty-four hours a day. The videos are available at no cost for historical, educational, research, and archival uses. The database includes over 160,000 hours of video recorded since 1987 and the programs are indexed by subject, speaker names, titles, affiliations, sponsors, committees, categories, formats, policy groups, keywords, and locations. The most recent, most watched, and most shared videos are highlighted on the main page. To start watching, visit the C-SPAN Video Library and use the search function at the top of the page.

Texas Subsequent History Table Ceases Publication

This week, Thomson Reuters notified subscribers that publication of the Texas Subsequent History Table will be discontinued and no further updates will be produced, due to “insufficient market interest.” Practitioners have been extracting writ (and since 1997, petition) history from the tables since their initial publication in 1917 as The Complete Texas Writs of Error Table . The tables, later published by West, have been used for nearly a century to determine how the Texas Supreme Court or Court of Criminal Appeals disposed of an appeal from an intermediate appellate court. The purpose of adding this notation to citations is to indicate the effect of the Texas Supreme Court’s action on the weight of authority of the Court of Appeals’ opinion.  For example, practitioners may prefer to use as authority a case that the Texas Supreme Court has determined is correct both in result and legal principles applied (petition refused), rather than one that simply presents no error that requires