Law Library Internship Journal

Article Abstract #9

2005-04-27T11:13:00.000-05:00

This book is a publication of the Westlaw corporation. Westlaw is another leading provider of legal information. Law students, faculty and librarians depend on it and Lexis to access both primary and secondary legal information. As with the Lexis book, this book explains the best way to utilize Westlaw.com and demonstrates the distinctive features of its database.

Westlaw has chosen not to divide this book by types of information sources. Instead they have organized it by search strategies. It begins by explaining the various search command unique to Westlaw. For example, instead of the Boolean operator “OR”, a searcher simply leaves a space between search terms. This could prove to be quite challenging to a searcher used to the Google.com universe.

A benefit of using Westlaw as opposed to Lexis is the West Key number system. This is an indexing system developed by West that allows legal researchers to easily find cases on point from all jurisdictions. Another benefit is the WestClip service. A researcher can set up a search that will automatically run every predetermined number of days. This is especially beneficial to a litigator needing to remain up to date on certain legal issues.

Article Abstract #8

2005-04-17T17:41:00.000-05:00

Understanding LexisNexis

LexisNexis has become an integral part of legal scholarship. Understanding LexisNexis is a book produced by the LexisNexis corporation that explains the most efficient way to use their web-based database. This particular book is aimed at the law student, and then by extraction, the individuals who assist law students such as law librarians.

The book is divided up into three sections. The first part explains how to find case law and then how to check its validity through a process called “Shepardizing.” This is especially important at the Indiana Law School Library because due to budget constraints the subscription to the paper Shepard’s was cancelled. The second part of the book is devoted to secondary sources such as treatises and law reviews. It also contains subject specific research guides. This section is of the most use to law students, especially those writing for a law review or on a moot court team because this is where one finds the basic introductory information on a subject. The final part of the book is legislative material which is of the least use to a law student.

librarian as counselor

2005-04-17T17:07:00.000-05:00

Now that the semester is wrapping up, many of the reference inquires at the law library are from law seminar students writing their final papers. Tensions are running high. I've had to comfort more than one law student and reassure them that everything will be okay.

Article Abstract #7

2005-04-08T14:30:00.000-05:00

Staheli, Kory D. Introducing Students to Legal Practice Materials: Helping Fill a Law School Void. 16(4) Legal Reference Services Quarterly 23 (1998)

Law students learn many things during their three years of law school. Unfortunately, one thing that they don’t often learn is how to be a lawyer. In this article, Staheli encourages law librarians to fill these important gaps in legal education.

Many law students are not aware that there are such resources as legal practice materials. (I know I wasn’t aware of them until I began working at the law library reference desk.) The author suggests for ways in which a law librarian can introduce these materials to the law students. They are (1) teaching at the reference desk. This is specifically aimed towards students who are clerking for judges and law firms (2) creating library research guides or pathfinders (3) formally instructing students in a classroom setting and (4) informal training seminars, which sound like the jumpstart classes offered at IU Law Library.

Staheli spends the rest of the article listing and describing some of the various types of practice materials. These include form books, discovery materials, jury instructions, state practice materials and trial preparation and technique materials. By introducing these materials to the law students, librarians are not only aiding their law student patrons, but also the entire legal profession as well.

internship update

2005-04-08T14:06:00.001-05:00

Things having been going fairly smoothly at the law library. So smoothly, in fact, I haven't had much to write about.

Within the past week or so I have started to feel very comfortable and competent at what I am doing. I don't know if this is a function of time or the fact that my legal bibliography class is wrapping up and I've become very comfortable with the print materials that we have there.

The undergrad patrons have stopped coming in. I guess their legal research assignments are front-loaded in the semester. However, one of the law reviews has handed out a new cite check assignment, and of course, there is always for Pro Se patrons.

This week and next the librarians are offering 'jump start' classes for law students who will be clerking this summer. The students tell the librarians in advance what they will likely be working on, and the librarians find out which would be the best resources to use. They also make themselves available throughout the summer for questions from the summer clerks. Now that I've written about it, I should probably see if I can sit in on one of these classes.

Article Abstract #6

2005-04-08T14:06:00.000-05:00

Condon, Charles J. How to Avoid the Unauthorized Practice of Law at the Reference Desk. 19(1/2) Legal Reference Services Quarterly 165 (2001)

One of the biggest hazards in the practice of law librarianship is crossing the line between providing reference service and practicing law. In this article, the author explains three levels of reference service – minimum, mid-level and maximum – and when a librarian might choose to use them. For example, minimum reference service is the most protective of the librarian but also requires that the patron fend for themselves in the complicated world of legal information.

The most informative part of this article are the strategies Condon provides for avoiding the unauthorized practice of law. These include having signs in the library informing patrons of the difference between providing legal information and legal advice, preparing pathfinders for research assistance and having extensive referral lists available.

Article Abstract #5

2005-04-08T14:05:00.000-05:00

Thomas, Marsha C. Collaborating with Public Librarians: Good for the Public, Good for the Profession and Good for You. 20(3) Legal Reference Services Quarterly 35 (2001)

Law librarians don’t often get the chance to interact with other types of librarians. In this article, Thomas advocates changing this pattern and offers two main reasons for this. First, if the public library patron is satisfied with the legal information they receive, they have a better feeling for both the legal and the library professions. Second, if patrons feel comfortable receiving legal information at the public libraries, they will not be as inclined to visit the law libraries and thus allow the law librarians to concentrate on their primary clientele of law professors and students.

Thomas offers some ways to collaborate with public librarians. The first idea is to make public librarians aware of the resources available so that they feel comfortable using them. Included in this idea are, for example, the suggestions of offering to analyze the public library collection and make purchasing suggestions and making presentations to the professional organizations. Thomas also suggests educating public librarians on how to deconstruct a legal reference question and know the limits of librarianship.

Article Abstract #4

2005-04-08T14:04:00.001-05:00

Kunsch, Kelly. The Way We Were and What We “B”. 21(1) Legal Reference Services Quarterly 97 (2002)

Kunsch has worked as an academic law reference librarian for twenty years. Her goal in this article is to compare the changes in the profession in this time. To do this, she offers some common questions asked at an academic legal reference desk. She provides the way the question would have been answered twenty years ago using quotes from prominent legal research texts. She then discusses the options for answering the question today.

The common thread of Kunsch’s examples is the great increase in electronic technology. For instance, one example question Kunsch provides is how to get at patron the text of a U.S. Supreme Court decision decided that day. Twenty years ago, the quickest way a patron could get the decision would be through LEXIS or WESTLAW. These database services could get the case in about 72 hours. If the library didn’t have a subscription to these services, the text of the case could also be obtained in U.S. Law Week. This looseleaf service would have the text of the case in a few days. In the present day, however, the patron could obtain the text of the case almost immediately via the World Wide Web and in all likelyhood wouldn’t even require the assistance of the reference librarian.

Article Abstract #3

2005-04-08T14:04:00.000-05:00

Orr-Waters, Laura. Love it or Leave it: Government Depositories in Law Libraries. 15 (3/4) Legal Reference Services Quarterly 133 (1996)

Law libraries were given permission to become government depository libraries in the 1980s. In this article, Orr-Waters covers the pros and cons of remaining in the depository program. Some of the reasons she lists for leaving the program include the space problems generated by the volume of materials sent and the increased labor costs. Most of the reasons she lists are related to the bureaucratic requirements of the federal government.

Orr-Waters also gives several reasons for remaining a government depository library. Some of the reasons for remaining a depository library include the fact that the administrative procedures to withdraw are prohibitively time consuming, the possibility that once withdrawn, a library can never rejoin the program, and finally there is the fact that some materials can only be obtained through the depository program.

Libraries do have options besides remaining or withdrawing from the program. Orr-Waters lists some of these. They include withdrawing from the program slowly, more aggressively deselecting materials and improving processing procedures. Orr-Waters ends the article by including the procedures for leaving the depository program.

a project

2005-03-06T17:53:00.000-05:00

Last week I was given a project.

The library has two large display cases by the main entry to the law school. A rotation display of the month's new books is put there. This month, I got to plan and install the display. I was given access to the new books and jackets. I ended up choosing about 30 books and 50 jackets to put up. I don't know if there's any science to the process. Personally, I just chose the pretty ones. As law books are not really that pretty, that made the selection process fairly easy.

Law Professor Blogs

2005-02-24T14:20:00.000-05:00

I was looking at the typepad homepage and coveting its post categorization features today. Much to my surprise, listed on it as an example of subject specific blogs was the Tax Professor Blog, written by my former tax professor Paul Caron.

It appears that Professor Caron has started up a Law Professor Blogs network. The description from the site:

Law Professor Blogs is a network of web logs ("blogs") designed from the ground-up to assist law professors in their scholarship and teaching. Each site focuses on a particular area of law and combines both (1) regularly-updated permanent resources and links, and (2) daily news and information of interest to law professors. Our editors are leading scholars and teachers who are committed to providing the web destination for law professors in their fields.

Included in this network are my former professors Jack Chin (with a Criminal Law blog) and Rafael Gely (with a Labor Law blog.) And yes, there's even a Law Librarian Blog.

What a great resource! It will be interesting to track the progression of these blogs to see how and if they are used.

Article Abstract #2

2005-02-18T15:58:00.000-05:00

Whisner, Mary. Finding Out What They Want to Know. 93 Law Library Journal 727 (2001)

Whisner begins this article by saying that, when asked how her job is going, she jokes, “Reference is looking up!”[1] However, before a reference librarian can look something up for a patron, they must first conduct a reference interview. This article examines some of the common mistakes that librarians can make into while doing this.

The author reminds us that patrons’ questions are often “opening gamebits”[2] and further probing must be done to find out what they really need. The example that Whisner gives is the request for a case. Sometimes the patron truly wants to read case law and has a specific case in mind. Other times the patron really just wants more information on a subject and, as a novice legal researcher, believes that finding cases is the entirety of legal research. There is also a warning against pressuring patrons into choosing the information source and format (i.e. print or electronic) that the librarian believes to be the most effective.

Reference requests come in person, via a quick note or e-mail (the usual method of faculty) or via a third person (e.g. secretary). The fist allows the librarian to ask follow up questions and conduct a proper reference interview. The second and third require a bit more effort on the part of the librarian to follow up and make sure they understand the request before committing time and energy to a pointless search.

[1] Mary Whisner, Finding Out What They Want to Know, 93 Law Libr. J 727, 727 (2001)
[2] Id at 728

Article Abstract #1

2005-02-18T15:56:00.000-05:00

Richard A. Leiter. Reflections on Ranganathan’s Five Laws of Library Science. 95 Law Library Journal 412 (2003)

In 1931, S.R. Ranganathan published “The Five Laws of Library Science”. The five laws are: (1) Books are for use (2) Every reader his or her book (3) Every book its reader (4) Save the time of the reader (5) The library is a growing organism. As Leiter states, these five laws are “a philosophy of the profession”[1] and “the first and, to date, the only clear definition of a library’s functions and responsibilities.”[2]

Leiter believes that, as with any philosophy, it is not enough to merely read and remember Ranganathan’s Five Laws. One must work to understand them. To further this end, he goes through the five laws, explains their meanings and applies them to the modern law library. By reminding his colleagues of Ranganathan, Leiter hopes to rejuvenate their professional enthusiasm and inspiration.

Ranganathan’s second law is the one that most affects reference service. Libraries must not only collect the appropriate books to serve their patron base, but must work to ensure patrons can access them. Leiter interprets this to mean that “[a] responsibility, therefore, of any librarian is to instruct and guide patrons in the process of research or in searching for materials they need for enjoyment or education.”[3]

[1] Richard A. Leiter, Reflections on Ranganathan’s Five Laws of Library Science, 95 Law Libr. J. 411, 412 (2003)
[2] Id. at 413
[3] Id. at 415

New Virtual Law library

2005-02-17T15:05:00.000-05:00

The South African Constitutional Court has just created a new website that gives free access to the the court's decisions. Included in this is a portal to the law library. The library not only supports the activities of the court, but also wants to become a major repository of international human rights law materials (a subject near and dear to my heart.)

(Full story can be found here.)

One of the reasons that I want to become a law librarian is because I think that the law is kind of a racket, and I want to make legal information easily accessible to the average Joe or Jane so they can help themselves. I'm not saying that Average Joe or Jane is always qualified to represent themselves. I'm just saying that they should be able to educate themselves about the law without having to pay $125/hr for it.

Anyway...

So when I read about the South African Constitutional Court and how it was established because there needed to be some faith established in the legal system post-Apartheid, I think, "You know, we ain't got it so bad here in the U.S."

Nifty resource

2005-02-15T16:00:00.000-05:00

I found out today that the IU law library has the Congressional Information Service's State Constitutional Conventions on Micofiche. This resource has the historical background information on the constitutions of all 50 states beginning at 1776. Right now it's on microfishe, but it would be great if LexisNexis (the owners of CIS) would digitize it and make it available via the web.

Not just for law students

2005-02-15T15:44:00.000-05:00

I would estimate that approximately 45% of the questions I am asked come from law students. Another 45% are from indiviuals affilated with the university. The rest are Pro Se patrons and librarians.

Over the past two weeks, a journalism class and two classes from the school of public affairs have had assignments involving legal research. I've been really busy assisting them, which has been fun but really exhausting.* The assignments seem to utilize the various forms of the US Code (USC, USCA, and USCS) and administrative regulations (CFR and Federal Register). Fortunately, we just covered those very topics in my legal bibliography class, otherwise I would have no idea how to use these resources.

*One of the librarians here told me that before the advent of computers, there would be a constant line of 3-6 people requiring reference assistance. I don't think I would be able to handle that.

Faculty Services

2005-02-09T22:25:00.000-05:00

From what I gather, assisting faculty is a pretty major part of being an academic law librarian. Thus far I haven't had any experience with this at my internship, but I did have to give a presentation on it for a job interview. The power point I prepared for this presentation can be viewed here.

Black's Law Dictionary

2005-02-08T15:58:00.000-05:00

Today I had a phone reference question asking about the definition of per stirpes. I put them on hold and consulted the trusty reference desk copy of Black's Law Dictionary. I couldn't find an entry, which I thought odd. The patron agreed to call back while I consulted with the reference librarian and other sources. It turns out that Black's is arranged letter by letter, not in true alphabetical. (For example, per stirpes comes after personal, not before as one would expect.) D'oh! I can't remember if I knew that and forgot, or if it was completely new to me.

Another problem arose in this interaction. When the patron called back, I read him the definitions he asked for. It didn't seem like he was quite understanding the differences. Because I adore Wills & Trust law and also because I cannot stand to see people struggle to understand something when I know the answer (aka I'm a Little Miss know-it-all), I was dying to explain it to him. But that would cross the fine line bewtween "providing legal information" and "practicing law". And that's a line you can bet I do not want to cross. I have an article about that very issue which I will soon abstract and post.

Week Three (Jan 31 - Feb 4)

2005-02-08T15:56:00.000-05:00

Honestly, I was a little under the weather, so I don't remember anything interesting or exciting happening this week. Sorry.

From here on out, since I'm caught up, I'll post when something "post-worthy" comes up.

We're number 1!

2005-02-08T15:52:00.000-05:00

The Indiana University School of Law has been ranked number one by National Jurist magazine. Woo! On one hand, that makes this internship look even better on my resume. On the other, it's all downhill from here.

Week Two (Jan 24 - Jan 28)

2005-02-08T15:27:00.000-05:00

I found out this week that the law library is a depository for briefs from the 7th Circuit. Briefs are one of the many interesting resources that the law library has that I wasn't exposed to during my law school career, but that practioners need. (Actually, there are ton of materials that the law library has that I haven't been exposed to before. It gets to be quite overwhelming at times.) The library doesn't get all of the briefs; if we don't have it, the patron's only recourse is to call the attorneys in the case.

One of IU's undergrad journalism classes has an assignment involving legal research. The professor has given students a list of cases that they must look up and copy. I've been going into the stacks with them and translating the citations. It's been very enjoyable. Patron education is one of my favorite parts of being a librarian and I also think it's one of the most important things we can do. It's the whole, "teach a man to fish..." thing.

That reminds me, one of the things I really like about the law library is that we're encouraged to go with the patron into the stacks and make sure that they get the correct resource. It's just too easy to confuse the F.Supp.2d with the F.Supp.3d. Unfortunately, the size of the main library precludes that at the IC.

My final patron encounter of the week was the most interesting. A woman came in and asked me to look something up on Lexis because she didn't have access to it right then. I assumed that she was an Indy lawyer who was working from home for the day. She sounded that authoriative in her request. It turns out she was a civilian who was referred to the law library by the public library and told what to say. This was one of those occasions when my law degree came into play. Given her problem, she was asking about the wrong area of law. I was able to hook her up with some basic introductory texts that she could check out.

Week One (Jan 17 - Jan 21)

2005-02-08T15:02:00.000-05:00

It's the little differences. A lotta the same shit we got here, they got there, but there they're a little different.- Vincent Vega (John Travolta), Pulp Fiction

By the time I began my internship, I had been working as a reference assistant at the Information Commons for about six months. I was pretty comfortable with the idea being behind "The Desk" and answering questions, but I knew my experience would be different at the law school library. However, I was surprised at what the differences are.

I expected the law school to be much more formal than the IC. It is, in a way. I'm expected to dress business casual while there. However, I have much more freedom with my time at the desk than I do at the IC. Basically, it boils down to this: I can pretty much do anything but sleep at the desk, I just have to look good while doing it. And I don't have to keep reference stats!

Most of the patrons the first week were law review members doing their cite checks. A funny thing about legal scholarship is that all sources must be checked against their printed forms. Why? I don't know. Probably because that's the way it's always been done. I helped most of them by looking up their sources in IUCAT or WorldCat, and then directing them to the ILL librarian.

The cite checkers also wanted help on putting their citations in correct blue book format. When we get questions like that at the IC (for APA or MLA formats), our policy is to point the patron to the correct part of the resource and not answer the question for them. That's not the case here. It appears that law librarians are supposed to be up on their bluebooking. Is it too late to consider a career change?

The most pleasant surprise is how kind and grateful the patrons are. I was steeling myself for dealing with obnoxious law students. I forgot that law students were only mean to each other. To people that can help them, like librarians, they are quite nice. Also, I think, as a law student one is so starved for any bit of human kindness, that the students are probably as surprised by my kindness as I am by theirs.

Welcome

2005-02-07T20:45:00.000-05:00

As part of my SLIS L596 Internship, I am required to keep a journal that covers my internship experiences and, in addition, abstract professional journal articles. I am going to copy my friend Bill and kill two birds with one stone with this blog.

Also, since this is in fact a blog, I hope to treat it like one. Specifically, if there are any items in the news that relate to what I'm doing, I'll post about them here. Of course, it's early in the semester and we know what Mr. Burns said about plans. At any rate, the next few posts will probably come fast and furious as I transcribe my current paper journal, and then things will slow down considerably.

DISCLAIMER

It's part of the American Library Association's Code of Ethics to protect patron privacy. I intend to do that, even if it means that this journal suffers. For the record, I think the same limitations would apply in a regular paper journal as in an electronic one. True, the paper one would be viewable to a much fewer number of people, but they would still be outside the realm of the library. If it becomes a problem, I'll password protect this site.