{"id":3254,"date":"2013-05-31T10:52:17","date_gmt":"2013-05-31T15:52:17","guid":{"rendered":"http:\/\/blog.law.cornell.edu\/voxpop\/?p=3254"},"modified":"2013-05-31T10:52:17","modified_gmt":"2013-05-31T15:52:17","slug":"6-goals-for-public-access-to-case-law","status":"publish","type":"post","link":"https:\/\/blog.law.cornell.edu\/voxpop\/2013\/05\/31\/6-goals-for-public-access-to-case-law\/","title":{"rendered":"6 Goals for Public Access to Case Law"},"content":{"rendered":"
In March, Mike Lissner wrote for this blog about the troubling state of access to case law<\/a> \u2013 noting with dismay that most of the US corpus is not publicly available. While a few states make official cases available, most still do not, and neither does the federal government. At Ravel Law<\/a> we\u2019re building a new legal research platform and, like Mike, we\u2019ve spent substantial time troubleshooting access to law issues. Here, we will provide some more detail about how official case law is created and share our recommendations for making it more available and usable. We focus in particular on FDsys – the federal judiciary\u2019s effort in this space \u2013 but the ideas apply broadly.<\/p>\n The Problem<\/strong><\/p>\n If you ask a typical federal court clerk, such as our friend Rose, For years the federal government has outsourced the creation of official opinions, relying on Westlaw and Lexis to create and publish them. These publishers are handed slip opinions by court staff, provide some editing, assign citations and release official versions through their systems. As a result, access to case law has been de facto<\/i> privatized, and restricted.<\/p>\n FDsys<\/strong><\/p>\n Of late, however, courts are making some strides to change the nature of this system. The federal judiciary\u2019s We certainly count ourselves amongst FDsys\u2019s strongest supporters, and we applaud the Judicial Conference for its quick work so far. And, as friends of the program, we want to offer feedback about how it might address the substantial skepticism<\/a> it faces from those in the legal community who want the program to succeed but fear for its ultimate success and usability.<\/p>\n Our understanding is that FDsys\u2019s primary goal is to provide free public access to court opinions. Its strategy for doing so (as inexpensively and as seamlessly as possible) seems to be to fully implement the platform at all federal courts before adding more functionality. This last point is especially critical. Because FDsys only offers slip<\/i> opinions, which can\u2019t be cited in court, its current usefulness for legal professionals<\/i> is quite limited; even if every court used FDsys it would only be of marginal value. As a result, the legal community lacks incentive to lend its full, powerful, support to the effort. This support would be valuable in getting courts to adopt the system and in providing technology that could further reduce costs and help to overcome implementation hurdles.<\/p>\n Setting Achievable Goals<\/strong><\/p>\n We believe that there are several key goals FDsys can accomplish, and that by doing so it will win meaningful support from the legal community and increase its end value and usage. With loftier goals (some modest, others ambitious), FDsys would truly become a world-class opinion publishing system. The following are the goals we suggest, along with metrics that could be used to assess them.<\/p>\n<\/a>about the provenance of case opinions you will only learn half the story. Rose can tell you that after she and her judge finish an opinion it gets sent to a permanent court staffer. After that the story that Rose knows basically ends. The opinion at this stage is in its \u201cslip\u201d opinion state, and only some time later will Rose see the \u201cofficial\u201d version \u2013 which will have a citation number, copy edits, and perhaps other alterations. Yet, it is only this new \u201cofficial\u201d version that may be cited in court. For Mike Lissner, for Ravel, and for many others, the crux of the access challenge lies in steps beyond Rose\u2019s domain, beyond the individual court\u2019s in fact \u2013 when a slip becomes an official opinion.<\/p>\n
<\/a><\/strong>primary effort in this regard is FDsys<\/a> (and also see the 9th<\/sup> Circuit\u2019s recent moves<\/a>). But FDsys\u2019s present course gives reason to worry that its goals have been too narrowly conceived to achieve serious benefit. This discourages the program\u2019s natural supporters and endangers its chances of success.<\/p>\n