About Paul Lomio

Paul is library director and lecturer at law at Stanford Law School. He has a J.D. from Gonzaga Law School, an LL.M. from the University of Washington, and a M.L.I.S. from the Catholic University of America. He is the author (with Henrik Spang-Hanssen) of Legal Research Methods in the U.S. and Europe. He also likes to ride his bicycle.

A plea to scholars

Dear scholars,

Please pay attention to where you place your scholarship.   Are you aware of the cost of some journal subscriptions?  One example, of many, is the Journal of Law & Society.  The Stanford Law Library used to get this print subscription with discounted rate and paid $161 for the current 2013 print subscription. We just received word from Hein (who handles the subscription for us) that the publisher will begin to charge us the full price with an additional payment of $851.00.

What made me think of this was the receipt yesterday of a new publication from my hero Carl Malamud.  Carl has become quite the pamphleteer and his most recent is On Crime and Access to Knowledge.    I urge you all to read it.

In the pamphlet, Carl tells the story of the late Aaron Swartz and discusses JSTOR, PACER, and broader information access issues such as Carl’s heroic efforts to make public safety documents, such as building codes, available to the public.

But on the issue of what Aaron did with JSTOR, Carl makes this important point:

. . . One must remember that JSTOR is a messenger, an intermediary, and if there is fault here, that fault is ultimately the fault of the scholars who wrote those articles and allowed them to be locked up.  It was a corruption of scholarship when the academy handed over copyright to knowledge so that it could be rationed in order to extract rents.

Please think twice before you place a piece of your scholarship with a particular journal.  Find out what it costs to subscribe to the journal; find out what databases include its text (your librarian can help with this); ask the journal if you can retain ownership and publication rights.  And ask yourself:  Do you really want your scholarship tightly locked up behind expensive pay walls?

 

Bloomberg Law is moving up

according to the Heard on the Street column in today’s Wall Street Journal, “Data Don’t Add Up for Thomson Reuters.”  From the story:

 a survey of legal-information customers by Claudio Aspesi of Sanford C. Bernstein in January found that 61% of respondents had a subscription to Bloomberg Law, up from 36% the year before. And some respondents said Bloomberg Law was getting closer to offering a breadth of data needed to completely replace a subscription to Westlaw or rival Reed Elsevier’s Lexis-Nexis.

Operation Asymptote – Spread the word – Download distributed PACER documents

Operation Asymptote

Overview

Operation Asymptote is an initiative designed to download as much of PACER as possible by spreading the burden across many individuals, none of whom need to spend anything by staying under PACER’s $15.00 per quarter free access allowance.

What do I need to do this?

  1. You must have five minutes.
  2. You must have a valid credit or debit card, even though it will not be charged.
  3. You must have a computer with internet access that can run Firefox.
  4. You must have a PACER account.
  5. You must have the free RECAP browser extension.
  6. You must download no more than $15.00 worth of PACER materials per calendar quarter.

. . .

Publishing cases the New York Law Journal way

I start my day reading newspapers, and I especially enjoy the obituaries.   Today’s New York Times includes an obituary for Jerry Finkelstein, publisher of the New York Law Journal, and the obit includes this observation:

In 1963, Mr. Finkelstein bought The Law Journal, the official paper of the city’s legal profession, for $1 million. Its circulation was small, and it was an ocean of tiny print: legal notices, case calendars, texts of decisions. But he turned it into a leading journal, and he wielded enormous power by deciding which cases to publish, in effect determining what the bar read — a leverage not lost on judges, lawyers and politicians.

The superhero approach to legal research

We haven’t asked our students to buy a textbook in advanced legal research for a long time.  The existing books are just too darn expensive.  But a new book crossed my desk today that looks particularly useful for teaching legal research; it is:  The Law of Superheroes (catalog record copied below).

This book starts with three pages explaining “Legal Sources and Citations” that explain legal citation about as well as anything I’ve seen.  It also points the reader, presumably the lay reader, to sources of free law:  Google Scholar for legal opinions; Cornell’s LII for the United States Code.  Peter Martin is cited on page xiii, so this tells me the authors know their research!

Throughout the book are wonderful footnotes explaining, in the clearest language possible, different aspects of legal research.  For example, footnote #4 on p. 113:

. . . Restatements of law are scholarly works that attempt to set forth the majority position on particular areas of law or recommended changes to the majority position.  They mostly cover subjects that are still primarily common law rather than those based on legislation. The Restatements are not law themselves, but courts often find them persuasive, and many sections of various Restatements have been adopted as law by state courts.

The section on immigration (is Superman a citizen?) offers a great explanation of private laws:

Private Acts of Congress

There’s another way that someone can become a citizen without going through the immigration process: a “private act” of Congress, i.e., a law targeting a specific person and declaring him or her to be a citizen.[fn 9]  Although unusual today, private acts have a long history in the United States.[fn10]  . . . As a matter of fact, in at least one story, Superman is granted citizenship by every country in the world, presumably by their respective versions of a private act of Congress. . . .

9. . . . These bills are not very common, nor are they usually passed, but it happens.

10.  In fact, for decades after the founding of the country, private acts by state legislatures were the only way for a legitimate 9i.e., non-annullable) marriage to be dissolved.  Similarly, prior to the passage of general incorporation statutes, which create the procedures by which corporations may be chartered with state-level secretaries of state, creating a corporate entity required an act of the state legislature.

The sections on international and interplanetary law are really fun, and explain the very basics of “law” itself:

The important thing to remember about international law . . . is that international law is a matter of custom and practice as much as it is anything else.  This is true of domestic law as well, and is really the reason the common law exists: a “law” is, essentially, a custom or tradition that is enforced by a government.  In the case of common law that tradition is built up by the decisions of the courts. . . .

I may have more to add later, as I’m taking this book home with me for the Thanksgiving break.

Here’s its catalog record:

The law of superheroes / James E. Daily and Ryan M. Davidson.

At the Library:
Crown (Law) > Basement > PN56 .L33 D35 2012

Bookmark: http://searchworks.stanford.edu/catalog/9734665

 

LexisNexis and Westlaw charges – who’s paying?

A story in today’s Wall Street Journal, “Law Firms Face Fresh Backlash Over Fees, caught my eye with this paragraph:

Johnson & Johnson has its own strategy for curbing charges for legal-research services. The health-care-products company maintains its own subscriptions to legal databases such as Westlaw and LexisNexis. It asks law firms to use its accounts when doing work for the company. A J&J spokesman says the practice is one of several used to reduce costs for outside legal work.

Is this a common practice?  Comments welcome.

Writing a winning brief, in three easy steps

The best way to become a good writer is to read a lot of good writing.  And to me there’s no better legal writing than that of Judge Ruggero Aldisert.

Judge Aldisert just published the third edition of his important and popular book on Opinion Writing (details from the catalog record copied below).  This third edition (listen up, law students) includes a new chapter on law clerk duties, an expanded treatment of trial court opinions, and new chapters on administrative law judges and arbitration procedures and opinions.

But, one might ask, how will a book on opinion writing help me write a winning brief?  The answer is found in what the good judge calls his “chambers mantra” — “writing a good opinion is the best training on how to write a good brief.”

And about those three steps.  Opinion Writing, 3rd edition includes three checklists (these checklists, alone, are worth the price of the book) on opinion writing that can be used in brief writing:

1. Writing it.

2. Testing it.

3. Shortening it.

The book asks:  Why use checklists for writing, testing and shortening an opinion?  The answer:  “Checklists ensure that you touch all the bases on your way to file a ‘home run’ opinion.”  These checklists are gold, pure gold.

Here’s the book’s description from our library catalog:

Opinion writing / Ruggero J. Aldisert.

Author/Creator:
        Aldisert, Ruggero J.

Language:
        English

Imprint:
        3rd ed.
        Durham, N.C. : Carolina Academic Press, c2012.

Bibliography:
        Includes bibliographical references and index.

Contents:
        Writing judicial opinions
        To write or not to write
        Reaching and justifying the decision : a distinction with a difference
        Judicial declaration of public policy
        The outline of your opinion
        Jurisdiction and standards of review
        Orientation paragraph
        Summary of issues
        Statement of facts
        Writing the reasons for the decision.

ISBN:
        9781611631234
        1611631238

Subjects:
        Legal composition.
        Judicial opinions > United States.

At the Library:
        Crown (Law) > Stacks 1
                KF250 .A35 2012
                KF250 .A35 2012
                KF250 .A35 2012

Bookmark: http://searchworks.stanford.edu/catalog/9699810

Yes, we have three copies.  Every law library should have at least that many, and law librarians should encourage their students, especially their students in law school clinics, to read and heed the judge’s insightful tips.

Full disclosure:  I met Judge Aldisert in 2008 when my daughter was serving as one of his law clerks.

Afghanistan’s 2004 constitution drafting period archive

The Stanford Law School Afghanistan Legal Education Project (ALEP) has just posted an archive of Afghanistan’s 2004 constitution drafting period.

The documents in the collection are divided into twelve bulk sets in zipped files ranging in size from 176 to 569 MB.

The documents are chiefly in Dari with some documents in English.

ALEP is proud to host this unique collection of  documents from Afghanistan’s 2001-2004 Constitution drafting period. The collection includes early versions of the Constitution and notes discussing its drafting and intent. The full extent of the collection is still uncharted. No one, to our knowledge, has surveyed the full collection.

Brief citation 101

My post from yesterday about the incomplete and confusing (to me anyway) citations in numbered paragraph 3 of the Attorney General’s letter “Re: Physician Hospitals of America v. Sebelius, No. 11-40631 is, by far, our most-read posting on this blog.  Now that the mystery about the cites has been solved (they are in fact citations to Solicitor General briefs and we now have copies of all four of them, copies supplied to us by the Department of Justice), I’ve taken down the post to prevent my confusion from spreading to others.   But for our readers who might be new to legal research and legal citation, let me offer a few definitions from one of my most favorite reference books, Fox, Elyse H. The Legal Research Dictionary: From Advance Sheets to Pocket Parts. 2nd ed. [Chapel Hill, N.C.]: Legal Information Services, 2006.

First, brief. 

A document submitted to the court by a party to the litigation to persuade the court to accept a legal proposition advanced by that party.  Briefs include a statement of jurisdiction, a summary of the case (2), history of the proceedings, statement of facts, a summary of the legal issues presented, summary of argument, argument, the relief requested, conclusion, and table of authorities. . . . An amicus brief is a brief submitted to the court by a non-party to the litigation. . . .

Next, citation and citation manual

A reference that unambiguously identifies the location of a specific opinion, statute, rule, law review article, or other type of legal publication. . . . Appropriate citation consists of the name or title of the source . . . Citation guidebooks dictate proper form.  Citations use standard formats to for identifying authority to lead the legal researcher to the source material quickly and accurately.  Citation format generally applies to all types of legal writing.  Also called cite.  See also citation manual, parallel citation, medium-neutral citation.

citation manual

A manual or guidebook that prescribes the standard form of citation to be used in citing authorities in legal writing.  Various citation manuals exist: probably the most widely used manual is A Uniform System of Citation (the Blue Book). . . .

So now, turning to the so-called bluebook, let us take a look at how it says briefs should be cited:

Rule 10.8.3 (p. 106):

In general, all court filings follow the same general form.  The full name of the document, as it appears on the filing, must come first, . . . followed by a pinpoint citation, if any.  . . .

. . .

Always include the docket number, whether parenthetically (when there is a reported citation) or as the citation (when there is no reported citation):

> Brief of Petitioner-Appellant at 48, United States v. Al-Marri, No. 03-3674 (7th Cir. Nov. 12, 2003).

. . .