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ElliottPaper1Quotes 3 - 27 Oct 2008 - Main.ElliottAsh
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> | 53 Vill. L. Rev. 1, 24 | | | A. Lexis and Westlaw
It was only a decade ago that a serious alternative to libraries of print law reports became available to judges, lawyers and others in the United States. 96 Although the two major online services (LexisNexis? and Westlaw) date back to the 1970s, they served as case-finding tools for most of their history. They supplemented but did not substitute for print reports. In their infancy, both were costly proof-of-concept services with serious scope limitations. 97 Launched in 1969, Lexis was, by 1976, offering federal case law reaching back fifty-one years for the Supreme Court, thirty-one years for the U.S. Courts of Appeals and sixteen years for the [*20] District Courts. 98 But its state materials were meager - comprehensive but chronologically thin collections for nine states, plus a selection of Delaware corporate law decisions. 99 At roughly $ 125 per hour, this package drew few subscribers. 100 Westlaw in these early days avoided any risk of displacing West's print publications by offering only headnotes. 101 Its depth was eight years for the states and fifteen years for federal cases. 102 | | | The cumulative result of these developments is a fully electronic legal research environment that is quite new. As recently as 1995, lawyers, especially those a decade or more out of law school, relied heavily on printed reports when researching case law. 121 Today, virtually all writing by lawyers [*24] and judges - whether memoranda, briefs or judicial opinions - is composed and revised on a computer. Most case law research is done on a computer as well. Quotations are copied from digital sources, rather than rekeyed. Lawyers, young and old, write briefs without ever pulling a law report volume from the shelf. Libraries pressed for shelf space and funds have ceased acquiring new volumes 122 and even sought to rid themselves of old ones. 123 | |
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< | 53 Vill. L. Rev. 1, 24 | >
> | Political Economy Sources
Open Access in a Closed Universe: Lexis, Westlaw, Law Schools, and the Legal Information Market
An Open Model for a Web-Based Semantic Case Law Repository
Legal Information Management in a Global and Digital Age: Revolution and Tradition
The Long Tail of Legal Scholarship
Neutral Citation, Court Web Sites, and Access to Case Law
Forbes, The Law Goes Open Source
http://www.antitrustreview.com/archives/1111
http://www.nytimes.com/2007/08/20/technology/20westlaw.html?_r=1&oref=slogin&pagewanted=print
http://legalblogwatch.typepad.com/legal_blog_watch/2007/11/competition-bet.html
http://en.wikipedia.org/wiki/Duopoly
http://en.wikipedia.org/wiki/Wexis
WinterSpring? +2003" target="_top">http://www.law.duke.edu/shell/cite.pl?66+Law+&+Contemp.+Probs.+147+(WinterSpring? +2003) (Arguing for the merit of proprietary legal databases. Pg. 152-53)
http://www.crl.edu/content/DigArc/DigArc2/LexisNexisprofile.pdf (general info on LexisNexis? business)
http://www.lexis.com/research/xlink?app=00075&view=full&searchtype=get&search=39+Ariz.+St.+L.J.+20
[[http://www.lexis.com/research/buttonTFLink?_m=31179fc816dce014ff540cfd65848bac&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b62%20Wash%20%26%20Lee%20L.%20Rev.%201553%5d%5d%3e%3c%2fcite%3e&_butType=3&_butStat=2&_butNum=372&_butInline=1&_butinfo=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b266%20F.3d%201155%2cat%201169%5d%5d%3e%3c%2fcite%3e&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVlW-zSkAb&_md5=b5a6a6414575b90cf751100ce709de0b][
Inequitable Injunctions: The Scandal of Private Judging in the U.S. Courts
Outing the Judicial Epistemology of Hart v. Massanari
HOW NEUTRAL CITATION AND AMERICA'S LAW SCHOOLS CAN CURE OUR STRANGE DEVOTION TO BIBLIOGRAPHICAL ORTHODOXY AND THE CONSTRICTION OF OPEN AND EQUAL ACCESS TO THE LAW
"This article addresses the challenge facing law students to preserve some sense of individual voice and ownership of their writing as they enter a professional discourse community and negotiate its formal structures and idioms."
"The writer must adhere to this format despite having found and read the opinion using Westlaw, Lexis, Casemaker or some other digital source"
"Because many legal materials are increasingly available only online, and because judges are showing a greater willingness to rely on non-legal information available on the web, the Article concludes that a lawyer cannot competently represent a client without going beyond Westlaw and Lexis and conducting research on the internet."
[[]["The open access movement espouses the principle that access to all scholarly communication, including legal scholarship, should be made available to the world at no cost via the Internet. ... Further, this Article examines in detail the effects of applying open access principles to legal scholarship, current options for law schools wishing to establish a repository, and the growing number of law school repositories currently in existence"]] | | | | |
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> | "I would like to suggest that the law reviews that publish the bluebook have an incentive to engage in excessive innovation. This is not a prediction of a race-to-the-bottom, but a prediction of excessive innocuous change. The inefficiency comes in the need to learn arbitrary new rules, not in the quality of the rules themselves. The bluebook publishers have this perverse incentive because every new edition of the bluebook generates a large one-time demand as lawyers and legal libraries are driven to buy the authoritative source. It is not surprising that the bluebook is now in its fifteenth edition. Of course there may be pressing aesthetic reasons why a certain reference needs to be put in large and small capital letters instead of italics, 47 but along with these aesthetics is the knowledge that each new edition will reap an economic windfall. 48"
"The well-financed efforts of an entrenched interest group to resist open access in most disciplines means that the broad open access movement has a long row to hoe before we can reap the benefits that the Internet promises for scholarly communication. The one discipline where conditions are ripe for more rapid evolution to open access is law in the United States. Scholarly communication in American law also is channeled primarily through the medium of the journal article. But the editorial and economic structure of American legal scholarship is sufficiently different from other disciplines that no group stands to gain from resisting open access other than commercial legal publishers, who lack direct leverage to sabotage the movement for open access law."
"The Science Commons approach also provides for attribution of first publication by the law review, something that is not mentioned in any of the standard accounts of open access. ... The move to peer refereeing tends to carry with it a move to commercial publishing, and in so doing destroys the open access opportunity that student-edited law reviews generate.
THE ECONOMICS OF OPEN ACCESS LAW PUBLISHING
"...legal scholarship is moving from the long form (treatises and law review articles) to the short form (very short articles, blog posts, and online collaborations)." (Solum)
"While the Internet provides access to many free sources of legal information, they are likely to be substantially less useful and efficient than fee-based legal resource providers."
The Future of the Casebook: An Argument for the Open-Source Approach (see pg. 10 on Wexis)
"An open access approach would mean new pools of course materials for professors to draw on, new means of interaction and collaboration between professors and students, and new possibilities for restructuring the law school curriculum."
[[]["For other academic disciplines, commercial publishing has the significant drawback of making it really expensive for scholars to get access to what's happening in their fields. Open access reduces the cost of access dramatically, whether or not it encourages scholars to read the work. In law, scholars already have ready access to their colleagues' work. And they still don't read it. What's the point of making the work ... free?]] ... Once LexisNexis? and Westlaw started putting full texts of law reviews on their databases, the authority of print started to recede, leaving the authority of the publisher and, to a lesser extent, the authority of limited access. A lot of law professors these days never actually handle original physical copies of law review articles...
Elsevier info
http://www.google.com/url?sa=t&source=web&ct=res&cd=3&url=http%3A%2F%2Fwww.citywire.co.uk%2FPersonal%2F-%2Fnews%2Fmarkets-companies-and-funds%2Fcontent.aspx%3FID%3D202651&ei=L3sFSbfFC4GueY6r-ekN&usg=AFQjCNFAoN0NZgsY-F6e8UYnzAAWSP7L0w&sig2=QBpX6_hrSO_W7u1VAnZkWQ
http://www.google.com/url?sa=t&source=web&ct=res&cd=4&url=http%3A%2F%2Farticles.latimes.com%2F2003%2Foct%2F14%2Fbusiness%2Ffi-trades14&ei=L3sFSbfFC4GueY6r-ekN&usg=AFQjCNGQGvI7glR-c8XoAdnCIOLe3YbTSQ&sig2=bNq8c6fGXd9hWPEOXTCaGQ
https://www.thedacs.com/techs/abstract/324301
http://findarticles.com/p/articles/mi_m0EIN/is_/ai_59540527
http://rafaelsidi.blogspot.com/2006/01/reed-elsevier-among-top-uk-spenders-on.html (Elsevier spend $13 million over 8 years in lobbying US government)
http://practicesource.com/house-of-butter/reed-elsevier-spent-us790-000-in-q.1-08-lobbying-us-federal-government.html ($US790,000 In Q.1 08 Lobbying US Federal Government)
http://www.opensecrets.org/lobby/clientsum.php?lname=Reed+Elsevier+Inc&year=2008 (Elsevier lobbying history)
http://www.nature.com/nature/journal/v429/n6993/full/429687a.html (Elsevier axed story under IBM pressure - published in Nature!)
http://chronicle.com/free/v49/i18/18a02701.htm (Elsevier removes articles from sciencedirect without explanation)
- The most notorious expunging of a scientific journal involves Elsevier's removal of an article published in September 2001 in Human Immunology. The paper, about the genetic origins of Palestinians, generated a political firestorm because it labeled Jews living in the Gaza Strip as "colonists" and said some Palestinians were living in "concentration camps" (The Chronicle, November 23, 2001).
http://cyber.law.harvard.edu/digitaldiscovery/library/preservation/lexis.html (LexisNexis? v Beer -- LN sued Beer after he stole proprietary information)
- Before he began working at Dow Jones, Beer copied the LEXIS-NEXIS ACT database onto a high-capacity Iomega Zip disk.
10 Lewis & Clark L. Rev. 901, 917 | | | The commercial database model obviously can't match that aura step-for-step, since the databases include so much non-scholarly legal literature. Westlaw's JLR database includes PLI and ALI-ABA course materials as well as the Yale Law Journal. But the relative exclusivity of the databases does have that effect. Pricing models differentiate between practitioners, on the one hand, and law schools and judges' chambers, on the other. Practitioners often pay metered rates for access to the database; law schools pay a flat rate. Unlike practicing lawyers, law professors can search and use the databases at no marginal cost. It feels free. We're inside the scholarly system again, and the rest of the world is outside. | |
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< | 10 Lewis & Clark L. Rev. 901, 917 | >
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Legal Search sites
http://www.loislaw.com/
http://www.findlaw.com/
http://www.fastcase.com/ | | |
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