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The Glorious Fourth


If you’re not otherwise occupied with traditional potato salad, fireworks, or blowing anvils, this isn’t a bad day to re-read the Declaration of Independence. We did, and we found this paragraph, #4 of the many grievances listed by the colonists against the King:

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

That the colonists should consider a complaint about informational distance to be on a par with the dissolution of the legislatures, imposition of unfair taxes, and the lack of a judiciary is revealing. These days, the de facto depository of our public records is the Internet, no longer physically distant but perhaps equally fatiguing in other ways. Outmoded publishing policies and practices — and a failure to recognize the public need for legal information — keep us at a remove from our public legal information that is greater than it should be. We’re a click away in theory, but the practical distance is much greater.

And as to those rumors: of course this isn’t the first time we’ve read the Declaration in its entirety. And we certainly did not get kicked out of Mrs. Nungezer’s seventh-grade social studies class that day for passing notes (an early form of experimentation with packet-switched networks).

And now we’re off to shoot bottle rockets and light sparklers. Happy Fourth.

Help the Man


We think Matthew Burton’s essay, “Why I Help the Man, and Why You Should, Too” is perhaps the most important thing anybody’s said about open access to legal information in the last few years. Highly recommended reading, and it fits well with what we’re up to over at CeRI. Those with an ongoing interest in these issues might want to take a look at the Open House Project group in Google Groups, which seems to be a magnet for like-minded transparency hackers.

New Book on Legal Information Interoperability


Over the last year or so we’ve been delighted to get to know the folks at ITTIG, the closest thing Italy has to the LII. Like us, ITTIG brings together legal and technical expertise to create legal-information systems that serve the public (unlike us, ITTIG is government-funded).

Yesterday, we were excited to receive a new book by ITTIG’s Enrico Francesconi. Technologies for European Integration describes work in legal-information interoperability growing out of efforts in the EU to bring together the independent bodies of legal information from each of the member states. It’s a great survey of what’s been done in Italy — and a reminder of how much more there is to do in the US.

Congratulations, Enrico.

Readings in Legal Information, pt 11


James Grimmelmann’s Copyright, Technology, and Access to the Law: an Opinionated Primer is a first-rate overview of the issues surrounding the recent copyright fracas over the Oregon Statutes. Grimmelmann provides all the relevant background in a well-organized format that should make the issues clear to practically anyone (especially in the open-access community) who is wondering what all the fuss is about. Plus, he says nice things about us. Thanks, James.

Readings in Legal Information, pt. 10


Somehow or other we got this far without mentioning Kendall Svengalis’ Legal Information Buyer’s Guide and Reference Manual. We should not have neglected it for so long. It is what the title claims: a guide to legal information products written from the perspective of the buyer. That alone makes it one of the most innovative legal information products ever, and Svengalis the man least likely to have lunch bought for him by a legal publisher. It’s a godsend to anyone who actually has to buy legal information. From our point of view, it’s an interesting catalog of the many ways in which people make practical decisions about the acquisition and use of legal information — and how practice departs from theory in the realm of legal research.

The FRCP as a business engine

Today’s post started out as one of those cute-law-stats things we do so often when we can’t think of anything else, but it quickly morphed into something different. We thought it might be fun to see who was interested in the Federal Rules of Civil Procedure, and which rule was most popular with the Teeming Millions. Surprise, surprise — it’s Rule 26. No doubt the rule regarding discovery was always popular, but new provisions concerning the discovery of electronic records have given it a real edge.

Since we started writing this post, fourteen new records-management businesses have sprung up (OK, that number we made up, but then again you have no idea how slowly we type). Every one of them uses a a sales pitch like this one. Law-driven FUD tactics are of course nothing new in the world of marketing (our favorite is the company that was selling US flags advertised as “Title 4, Section 1 compliant”) , but this is very big indeed: one company alone has more than 100,000 clients including a majority of the Fortune 500. Growth projections for this industry are hard to read — they tend to compare apples and oranges — but Gartner Group is predicting a 25% per year growth rate for the records-management business as a whole.

We’re just saying.


We missed the press release, but Robert Ambrogi didn’t — his LawSites blog reports that Thomson West has announced a major revamping of its web site. The announcement trumpets any number of improvements, but we were fascinated by six digits near the end of Ambrogi’s report. West reports that it receives more than 200,000 visits to its site each month.

That’d be about the same number we get for our WEX legal encyclopedia, about half as many as we receive on the Supreme Court collection, and a third of our US Code traffic.

Of course, they have a key number system, and we don’t. Yet.

Readings in Legal Information, pt. 8

George Lakoff’s Women, Fire, and Dangerous Things: What Categories Reveal about the Mind is one of those books that breaks ground where nobody knew there was ground. Read it alongside some of Robert Berring’s work (for instance, Legal Research and the World of Thinkable Thoughts) and you’ll never look at West key numbers the same way again.

It’s probably just a sign that the general frivolity level here at the LII is way too high, but we are prone to confuse the Lakoff book with Ricky Jay’s Learned Pigs and Fireproof Women, which is a fine book too, though not up to his Cards as Weapons.