Category «Legal Research»

Shutdown Cuts Off Public Access to Government Information

Access to government information is important in the daily lives of the people of the United States. During the shutdown of the federal government, paper and digital versions of government publications are either not available at all or the web sites are not being updated. Bernadine Abbott Hoduski has documented the specific impact shared by Librarians around the nation who report that they are unable to help patrons find the information they need to do research, write articles for journals and newspapers, prepare class assignments, find laws and regulations relevant to the conduct of their businesses, find information needed to file law suits, complete mortgage applications, access weather information, do historical and genealogical research, and contact government officials through agency web sites. Professors teaching future librarians, teachers, geographers, scientists, and other user communities, are unable to access web sites needed for their classes.

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Subjects: Business Research, Congress, E-Government, Features, Law Librarians, Legal Research, Libraries & Librarians, Reference Services

Will Data Analytics Allow Us to Do Less Law?

Ron Friedmann is an expert on the legal market, where hardly a day goes by without an article or blog post about alternative fee arrangements (AFA) or delivering more value. Yet both clients and law firms struggle to define value and adopt alternatives to the billable hour, so Ron proposes perhaps the time has come to re-think the question.

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Subjects: Competitive Intelligence, Features, Information Management, Legal Marketing, Legal Research, Technology Trends

A User Guide to the Marrakesh Treaty

Jonathan Band provides a comprehensive guide to the recent international adoption of the “Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.” The Treaty is intended to promote the making and distribution of copies of books and other published materials in formats accessible to people with print disabilities. The Treaty would achieve this objective by obligating signatory countries (referred to as Contracting Parties) to adopt exceptions in their copyright laws that permit the making of copies in accessible formats as well as the distribution of those copies both domestically and internationally. This memorandum explains the Treaty’s provisions. The memorandum concludes that Title 17 of the United States Code complies with the Treaty’s requirements, and thus that the United States could sign and ratify the Treaty without making any changes to domestic law.

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Subjects: Copyright, Features, Government Resources, Intellectual Property, International Legal Research, Law Librarians, Libraries & Librarians, United States Law

Rebooting Legal Research in a Digital Age

Steven A. Lastres writes that research has always been core to the practice of law. However, the results of a recent survey Steven has authored identified a “New Normal” in today’s business climate that has a profound effect in the delivery of legal services and impacts how research is conducted.

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Subjects: Features, Law Firm Marketing, Legal Research, Legal Research Training, LEXIS, Libraries & Librarians, Library Marketing

On the Legal Importance of Viewing Genes as Code

On June 13, 2013 the Supreme Court issued its opinion in the much–awaited Myriad case, which challenged the validity of patents on isolated human genes. The Court held that the isolated genetic sequences claimed in Myriad’s patents did not satisfy the inventive threshold for patentability, although the complementary DNA (cDNA) claimed in the patents did. Prof. Annemarie Bridy examines critical elements of the case with a focus on the extent to which the outcome turned on a single conceptual choice: When assessing patentability, should the legal analysis focus on the isolated DNA’s chemical structure or its information-coding function?

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Subjects: Courts & Technology, Features

Negotiating Justice: The New Constitutional Spectrum of Plea Bargaining

Ken Strutin focuses on the impact of the Supreme Court’s decisions in Missouri v. Frye and Lafler v. Cooper, and the upcoming appeal in Burt v. Titlow in regard to placing plea bargaining front and center on the national stage. As a result, they have divided practitioners and scholars into two camps: (1) those who consider the rulings to be a new statement in the law of plea bargaining and right to effective assistance of counsel; and (2) those who believe they are only a restatement of established principles. These cases have generated interest in the centrality and regulation of plea bargaining, the ethics and effectiveness of defense counsel as negotiator, the oversight of prosecutors regarding charging decisions, sentence recommendations and pre-trial discovery, and the scope of federal habeas corpus review and remedies. Ken’s article is a comprehensive annotated guide to high court opinions, scholarship and commentary regarding the themes addressed by the Supreme Court in Lafler and Frye as well as their implications for the administration of criminal justice.

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Subjects: Constitutional Law, Court Resources, Criminal Law, Features, Legal Research, Supreme Court, United States Law

Copyrights, Fundamental Rights, and the Constitution

The recent Supreme Court decision, Kirtsaeng v. John Wiley & Sons, addresses fair use and the “first sale” doctrine, upon whose protection libraries, used-book dealers, technology companies, consumer-goods retailers, and museums have long relied. Professor Annmarie Bridy’s commentary focuses on the position that intellectual property rights in general and copyrights in particular are important, and when their scope is circumscribed to ensure the existence of a robust public domain, they benefit society. However important IP rights are, though – and reasonable people disagree pretty vigorously about that – they are not fundamental in the Constitutional sense.

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Subjects: Copyright, Intellectual Property, Legal Research

DOE Launches New Database: SciTech Connect

Tim Byrne announced that the Department of Energy Office of Scientific and Technical Information (OSTI) launched a new database product called SciTech Connect that employs an innovative semantic search tool enabling users to retrieve more relevant information. Other features include faceting, in-document search, word clouds, and personalization.

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Subjects: E-Government
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