SPLITTING HAIRS - American Association of Law Libraries

SpectrumVolume 16 No. 3 ■ December 2011

AALLAALL: Maximizing the Power of the Law Library Community Since 1906

www.aallnet.org

In This Issue

A Progress Report on Discovery Layers in Law Libraries

Deskbooks as the New Center of the Private Law Library

The New Normal in Law Firm Library Space

07

17

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SPLITTING HAIRS14

What subtle distinctions teach us about authority

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© 2011 Thomson Reuters L-370111/9-11 Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters.

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AALL Spectrum ■ December 2011 1

Editorial StaffMarketing and Communications ManagerAshley St. John [email protected]

Editorial DirectorMark E. Estes [email protected]

Copy Editor Robert B. Barnett Jr.Graphic Designer Kathy Wozbut

2011–2012 Law Library Journaland AALL Spectrum CommitteeChair Merle J. SlyhoffVice Chair Linda C. Corbelli

MembersMark P. Bernstein Darla JacksonWendy Biddle Marguerite I. MostSean H. Crane Mark E. Estes (Ex-Officio)Judy K. Davis Janet Sinder (Ex-Officio)Deborah S. Dennison Deborah L. Rusin (Board Liaison)Timothy Gallina

2011–2012 AALL Executive BoardPresident Darcy KirkVice President/President-Elect Jean M. WengerSecretary Deborah L. RusinTreasurer Susan J. LewisImmediate Past President Joyce Manna JantoExecutive Director Kate Hagan

MembersKathleen Brown Diane RodriguezLucy Curci-Gonzalez Ronald E. Wheeler Jr.Gregory R. Lambert Donna S. Williams

AALL Spectrum (ISSN: 1089–8689) is published monthly exceptJanuary and August with combined September/October by theAmerican Association of Law Libraries, 105 W. Adams Street, Suite3300, Chicago, IL 60603. Telephone: 312/939-4764, fax: 312/431-1097, e-mail: [email protected]. Periodicals postage paid at Chicago,Illinois and additional mailing offices. POSTMASTER: Send addresschanges to AALL Spectrum, 105 W. Adams Street, Suite 3300,Chicago, IL 60603.

Writers wanted — contribute to your Association’s magazine. For guidelines, visit www.aallnet.org/main-menu/publications/spectrum/policy-spectrum.html or contact Editorial Director Mark E.Estes at [email protected].

AALL Spectrum SubmissionsArticle ideas for the following issues must be approved by the editorial director by the following dates:2011 Issue Approval DeadlineVol. 16 No. 7 May January 10

No. 8 June February 10No. 9 July March 10

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AALL Publications DisclaimerThis publication is provided for informational and educational purposes only. The American Association of Law Libraries does not assume, and expressly disclaims, any responsibility for the state-ments advanced by the contributors to, and the advertisers in, theAssociation’s publication. Editorial views do not necessarily representthe official position of the Association or of its officers, directors, staff, or representatives. All advertising copy is subject to editorialapproval. The Association does not endorse or make any guaranteewith respect to any products or services mentioned or advertised inthe publication.

All content copyright 2011 by the American Association of LawLibraries, except where otherwise expressly indicated. Except as oth-erwise expressly provided, the author of each item in this issue hasgranted permission for copies of that item to be made for classroomuse or for any other educational purpose, provided that (1) copies are distributed at or below cost, (2) author and AALL Spectrum areidentified, and (3) proper notice of copyright is affixed to each copy.For items in which it holds copyright, the American Association ofLaw Libraries grants permission for copies to be made for classroomuse or for any other educational purpose under the same conditions.

AALL Spectrum

“Do you want to take outthe trash?” my parentsused to ask me. One

time as a young teenager I answeredthe question honestly and probablywith attitude, “No!” and got soundlyand roundly rebuked. I still had totake out the trash. However, I don’tremember my parents asking me “if I wanted to” do something again.

I carried the memory of that “Do you want to take out the trash?”question to my childrearing days andnever asked our daughter if shewanted to do a chore. Instead I said,“Please take out the trash.” I neverlearned whether or not she wanted to take out the trash, and I didn’tcare; I wanted her to take it outwhether she wanted to or not.

Years later and early in my lawlibrarian career, when I walkedthrough the stacks and sawan attorney or law clerkwith a bewildered look onhis or her face, I wouldask, “Can I help you findsomething?” More oftenthan not the answer was,“No.” That responsefrustrated me because I knew theattorneys needed my help so theycould quickly find the answer theysought. On reflection I consideredthat perhaps the form of the offer,“Can I help you?” was deceptivelycomplex. It subtly suggested theattorneys didn’t know what they weredoing, and it also implicitly forcedthem to consider whether or not Ipossessed the competencies to helpthem.

Clearly that approach failedbecause I either put them on thedefensive or made them wonderwhether I had the knowledge andskills to help them. So, looking for a way to open—rather than close—a conversation with my offer to help,I tried changing the question to afriendly, “Are you finding what you’re looking for?” Most often theyresponded candidly and honestly,“Yes,” or “No, thanks.”

Either reply provides anopportunity to continue theconversation either by offering tohelp now or in the future. Framedthis way, the offer, while still a yes/noquestion, lacks the judgmental toneof “Can I help you?” It also providesa good entrée into an effectivereference interview: “Oh, what areyou looking for?” followed by,“Hmm, I see three or four differentapproaches to this; can you tell memore about what you’re looking forso that I can pick the best approach?”

The attorney would then describeher information problem, and I’dsketch out a research plan. She’dfollow the plan, find what sheneeded, and everyone was happy.

Consider the outcome if, afterexplaining how she should approachthe research question, I had said, “Butthat’s just my opinion.” Where wouldI be? Good reference work requires self-confidence. The attorney woulddoubt the validity of my directionsand might not ask me for help again.

Yet law librarians send that samekind of message when they append an “IMHO” or “just my 2 cents” or“for what it’s worth” to the end of anotherwise excellent observation. Suchself-deprecating statements are like adog submissively showing its throat to amore dominant dog, communicating,

“I’m no threat to you.” Moreimportantly, they weaken the

argument and make the readeror listener wonder, if you’retrying to distance yourself fromyour argument, why should hebelieve you?

Using such phrases at anytime builds a kind of muscle

memory so that even whenlibrarians don’t directly say, “for whatit’s worth,” their posture and toneexpress weakness or lack of self-confidence when they makeimportant presentations to decisionmakers.

Reporting up or speaking withdecision makers requires politenessand directness (to save their time),not submissiveness. Improve yourself-confidence and persuasiveness by reading Speak Strong by MerylRunion or by visiting www.speakstrong.com. Runion asserts that onecan, “Say what you mean. Mean whatyou say. [And] Don’t be mean whenyou say it.”

[email protected]

Vol. 16, No. 3 December 2011

from the editor By Mark Estes

It’s All in How You Say It

Correction: In the November 2011 issue,“Practical Tips for Academic Employers,”page 12, refers to an article in the Winter2008 issue of Law Library Journal,“Choosing the Top Candidate: BestPractices in Academic Law Library Hiring,”by Ron Wheeler. The Law Library Journalarticle was also co-authored by Nancy P.Johnson and Terrance K. Manion. AALLSpectrum regrets this oversight.

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contentsDEPARTMENTS

COLUMNS

ANNOUNCEMENTS

Financial Assistance for Your Education 29

The Call for Papers Has Begun 29

CENTER INSERT

Members’ BriefingAALLNET 2.0

Next Month in Spectrum 13

Memorials 28

Member to Member 30

Views from You 32From the Editor 01

Washington Brief 04

The Reference Desk 28

AALL Spectrum ■ December 20112

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06 Public Relations: A Day in the Life 2012Time to grab your camera and capture the spirit of law librarianship

By George Carter

07 Discovery Layers in Law LibrariesA progress report on how our institutions are implementing this new technology

By Valeri Craigle

10 Partnering with ALA to Raise the Profile of Law LibrariansMy summer vacation at the ALA conference and beyond

By Monice M. Kaczorowski

14 Splitting HairsWhat subtle distinctions teach us about authority

By Benjamin J. Keele

17 Library on a CredenzaWell-annotated deskbooks as the new center of the private law library

By Kevin Miles

20 YOLO: The Year of the Learning OrganizationHarvard law library’s year-long experiment with becoming a true learning organization

By Kyle K. Courtney

23 Macs-imizing CatalogingA two-week experiment cataloging on a Mac instead of a PC

By Sally Wambold

24 The NEW Normal Library SpaceLaw firm libraries are becoming a compact and complex blend of print and online

By Lucy Rieger

FEATURES

AD INDEX

05 BNA

inside back cover Cambridge University

back cover LexisNexis

19 The George Washington University

31 Oxford

inside front cover West

28 Read more Spectrumarticles online

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WASHINGTON, D.C.,October 4, 2011—AALLtakes the lead on a variety of

public policy issues that impact lawlibraries, including access to governmentinformation, authentication andpreservation of legal materials,copyright, privacy, andappropriations for keygovernment agencies such as theGovernment Printing Office(GPO) and Library of Congress.The Government Relations Officeadvocates for these issues on CapitolHill, before the administration, and toother government officials—but wecouldn’t be successful without your help.

Thanks to your letters and calls, inSeptember the Senate AppropriationsCommittee passed the Fiscal Year 2012Legislative Branch Appropriations Billwith $8 million more in funding forGPO than what was in the House bill.The Senate report included verysupportive language regarding GPO’swork toward efficiencies andmodernization.

In addition, with your help weadvocated for legislation in support of

creating a committee to address Freedomof Information Act processing delays,expanding online access to congressionallymandated reports, and protecting therights of government whistleblowers.

We also applauded the FederalCommunications Commission

(FCC) for introducing theFinal Rules on NetworkNeutrality in September, and we spoke out againstresolutions in the House and

Senate to prohibit the FCCfrom enforcing the rules.

We also continue to rely on you tohelp us track what’s happening at thestate level—you are our eyes and ears inyour states. If you discover a piece oflegislation that would affect law librariesor learn of a threat to funding for publiclaw libraries in your state, please emailthe Government Relations Office and/orour advocacy discussion list to let usknow.

During the past year, we workedwith law librarians in Connecticut,Texas, Washington State, and WestVirginia to save their public law libraries.In the coming year, we will also work

with AALL members at the state level aswe educate lawmakers and advocate forthe Uniform Electronic Legal Material Act(UELMA).

For a more comprehensive list offederal bills AALL currently supportsand opposes, please see the “AdvocacyToolkit for the 112th Congress: 2011-2012” on AALLNET: www.aallnet.org/main-menu/Advocacy/aallwash/Advocacy-Toolkit.

For a list of sites to help you trackstate legislation, please see the chartdeveloped by the Government Relations Committee: www.aallnet.org/Documents/Government-Relations/Advocacy-Toolkit/statebilltracking.pdf.

Emily Feltren, interim director,AALL Government Relations Office, 25 Massachusetts Avenue, N.W., Suite 500, Washington, D.C. 20001 •202/942-4233 • fax: 202/737-0480 •email: [email protected] • www.aallnet.org/main-menu/Advocacy/aallwash.

washington brief by Emily Feltren


2011 Legislative Year in Review, and Why We Need You

Enacted BillsBill Number, Title Sponsor(s) Purpose AALL Position Status

S. 627/S. 1466 and H.R. 1564, Faster FOIA Act of 2011

Sens. Patrick Leahy (D-Vt.) and JohnCornyn (R-Texas)Rep. Brad Sherman (D-Calif.-27)

To establish atemporary Commissionon Freedom ofInformation ActProcessing Delays

Support S. 1466 passed the Senate (August 1, 2011)H.R. 1564 was referred to the House Oversight and Government ReformSubcommittee on Technology, InformationPolicy, Intergovernmental Relations andProcurement Reform (April 27, 2011)

H.R. 1974 and S.1411, Access toCongressionallyMandated Reports Act

Rep. Mike Quigley(D-Ill.)Sen. Joseph I.Lieberman (ID-Conn.)

To require GPO tomaintain a websiteproviding no-fee publicaccess to electroniccopies of congressionallymandated reports

Support H.R. 1974 was reported out of the HouseCommittee on Oversight and GovernmentReform (June 22, 2011)S. 1411 was referred to the Senate Committeeon Rules and Administration (July 25, 2011)

S. 743, WhistleblowerProtection EnhancementAct of 2011

Sen. Daniel Akaka (D-Hawaii)

To expand the scope of whistleblowerprotections under federallaw, including extendingprotections to theintelligence community

Support Referred to the Senate Homeland Security and Governmental Affairs Subcommittee onOversight of Government Management, theFederal Workforce, and the District ofColumbia (May 9, 2011)

H.J. Res 37 and S.J. Res 6,disapproving the FCC’snet neutrality rules

Rep. Greg Walden(R-Ore.) Sen. Kay BaileyHutchison (R-Texas)

To formally disapprove ofthe FCC’s net neutralityrules and prevent themfrom having any force or effect

Oppose H.J. Res 37 passed the House (April 8, 2011)S.J. Res 6 was referred to the SenateCommittee on Commerce, Science, andTransportation (February 16, 2011)

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BNA’s Benefits Practice Resource Center delivers the insights of the industry’s foremost thought leaders to guide and inform your decision making. Count on the experience of hundreds of expert practitioners to help you achieve the results you need.

Because the source of your information matters

For more information, call 800.372.1033 or visit www.bna.com/bprc2

David GodofskyPartner, Alston & Bird, LLP BNA Insights author and contributing author of the Benefits Practitioners’ Strategy Guide

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“A Day in the Life of the LawLibrary Community” photocontest returns for 2012.

The Public Relations Committee hasunanimously decided that the Day in the Life contest is a valuable andentertaining way to engage in the art of public relations. As a result, we havedecided to make the contest an annualevent for future Public RelationsCommittees. So fire up your cameras,and take some notes.

When to Take Your PhotoThis year, to accommodate schedules and spontaneous snap shots, we areexpanding the time frame in which you can take your photos. Any photostaken from December 1, 2011, throughFebruary 29, 2012, are eligible for the2012 contest year.

New CategoryHaving received some valuable feedbackfrom the library community, we havedecided to add a newcategory for Best AlteredImage/Use of SpecialEffects, though entries inthis category will not beeligible to win for bestoverall photo. We hope togive unaltered photos abetter chance of winningthe best overall category.

This is not to say thatwe do not enjoy alteredphotos; in fact, we lovethem. But we want toprovide an opportunityfor an artistic eye tocapture unaltered lawlibrary brilliance. This will help attract moreparticipants who feelintimidated competingagainst photos withspecial effects. So weinvite law librarians of all types to entertheir digital or print photographs byFebruary 29 in the following categories:

• Librarians as InformationEvaluators and Managers

• Librarians as Teachers and Trainers • The Artistry of Librarianship

(e.g., most aesthetically pleasing) • Most Humorous • Best Altered Image/Use of

Special Effects

When Taking Your PhotographsThe photographs can be in black andwhite or color. Take advantage oflighting. And remember to make note of the time and date of each photo.

How to Submit Your PhotosMembers are welcome to enter as manyphotos as they want through the Flickrgroup at www.flickr.com/groups/aalldayinlife2012/. Electronic submissions

are preferred andmust be digital image files ofphotographs or scans ofphotographs inJPEG format witha resolution of 300dots per inch (dpi), a minimum size of 1,536 x 2,048pixels, and amaximum file sizeof one megabyte.

Paper entries must be postmarked byFebruary 29 and mailed to AALLHeadquarters.

Tips from the ProsI sat down with professionalphotographer Samantha Johnson togather some tips and tricks for when youstart snapping those photos. Johnson

assures me that you do not have to be a professional photographer to capture a great photo, and she offered thefollowing advice for this year’scontestants:

1. Pay attention to compositionwhen setting up the photo, andpay attention to everything that isgoing to be in the picture: people,props, buildings, etc.

2. The rule of thirds is probably the most important thing to payattention to when taking photos.Divide the photo into threehorizontal sections and threevertical sections. This helpsdetermine how much focus you want on the subject orbackground in the photo.

3. Pay attention to lighting! You do not want shadows or sun spots on people’s faces.

4. Most important, be creative and have fun! Snap pictures whenpeople are not paying attention toget the “Kodak moment” photos.Take random pictures—you willbe surprised how often the photosyou think aren’t going to be goodturn out to be your favorite ones.

How the Photos Will be JudgedAs is tradition, entries will be judged intwo rounds. Members of the PublicRelations Committee will select the best five entries for each category. Thecommittee will then post its selections toAALLNET for all current members tovote on.

Grab Your Camera and Have Some PR FunYou do not have to be a professionalphotographer to participate. Remember,this contest is about law librarians, forlaw librarians, and by law librarians. The contest provides an avenue for youto show your talents, capture law libraryhistory, and promote the mission of yourinstitution. Oh, and bragging rights too.So grab your camera and capture thespirit of law librarianship. ■

George Carter ([email protected]) is the head of referenceand public services at the Law Library for San Bernardino County.

A Day in the Life 2012Time to grab your camera and capture the spirit of law librarianshipBy George Carter

p u b l i c r e l a t i o n s

© 2011 George Carter

AALLDec2011:1 11/15/11 2:04 PM Page 6


Discovery Layers in Law LibrariesA progress report on how our institutions are implementing this new technologyBy Valeri Craigle

Law libraries have made significantprogress in the implementation of discovery layer

technology in the pastfew years. A recentsurvey of technicalservices lawlibrarians showedthat 52 percent ofrespondents areeither currently usingdiscovery layers in theirlibraries or are in theprocess of implementingthem.

Law libraries inparticular are faced withunique challenges in theselection, implementation, anddeployment of these new tools. Thepurpose of this article is to provide anupdate on the status of discovery layersin law libraries and to address some ofthe issues specific to discovery layers inthe legal information environment.

A Single Point of AccessAt the 2008 AALL Conference inPortland, Oregon, I attended a sessionon discovery layers for law libraries. Thepresentation focused on three systems:Encore (Innovative Interfaces), WorldCatLocal (OCLC), and Primo (Ex Libris). I noticed only one or two hands go upwhen the presenter asked who hadimplemented a discovery layer in theirlibraries. A couple of years went by, and I became curious as to whether anyprogress had been made. I wanted toknow if this new technology was havingan impact, especially since I was part of a discovery layer implementation at myown institution.

I am often asked what a discoverylayer is and what it does. On his blog,Lorcan Dempsey defines a discoverylayer as a tool that “provides a singlepoint of access to the full librarycollection across bought, licensed, anddigital materials” (http://orweblog.oclc.org/archives/002116.html). Within thissimple definition underlies a complexprocess for making this “single point ofaccess” possible.

Discovery layers are complex,multilayered systems that harvest and aggregate data from a number ofinformation sources owned or licensedby a library. After harvesting andaggregation, the data is then indexed and stored in “the cloud,” according

to the “Federated search” entry onWikipedia. There it becomes available to search queries.

Discovery layers also interpretresource-licensing information todetermine access rights. This process

is unlike the meta-search or federatedsearch concept, which

requires the system toseparately index and

process informationfrom sources in real time. This slows the search processconsiderably. It is primarily theability to drawpre-indexed datafrom the cloud

that sets discoverylayers apart in speed and

efficiency from meta-search or federated search systems.Though discovery layer systems are

complicated on the back end, the frontend offers simplicity. Indeed, one of thehallmarks of the discovery layer interfaceis the Google-like search box, whichperforms a unified search across libraryresources. It’s no longer necessary to sendusers to multiple locations to search forlibrary materials; the discovery layer doesit all in one place.

The simplicity of the search box,however, can be deceiving. If the topic is broad, a basic search often returnsthousands—even tens of thousands—of results, which may include articles, e-journal titles, print resources, anddigital photographs. Confronted withthis plethora of information, users mayfeel frustrated and overwhelmed.

Discovery layer interfaces address the information overload problem byoffering a menu of “facets,” according to Mike Padilla’s April 2008 Digital Web Magazine article, “User InterfaceImplementations of Faceted Browsing.”Faceting is now a relatively ubiquitousstrategy for browsing the contents of awebsite. Online retailers, for example,use facets to guide shoppers through theproducts in an online store. Amazon is a prime example: It offers a faceted menu on the left-hand side of thewebpage, which browses books, movies,electronics, toys, etc.

Similarly, library patrons can utilizediscovery layer facets to focus theirsearch on a particular item’s location,author, subject, or date range, or they

can combine facets to increase specificity.I should note that relevancy is usuallythe default by which search results aresorted and displayed in a discovery layer. However, options are available for sorting results alphabetically, by date,by author, etc.

Discovery Layers in LawLibraries SurveyTo better understand the status ofdiscovery layer implementation in lawlibraries, I distributed a brief survey via email to AALL’s Online BibliographicServices Special Interest Section (OBS-SIS) and Technical Services SpecialInterest Section (TS-SIS) (see full resultsof the survey online at www.aallnet.org/mainmenu/Publications/spectrum/Vol-16/No-3). The survey contained the following questions: (1) Does yourlibrary currently use a discovery layerinterface for the catalog? (2) Whichdiscovery layer interface does your libraryuse? (3) To the best of your knowledge,which legal information sources havebeen activated for searching via yourdiscovery layer interface?

The survey received 58 responses. A surprisingly large number ofrespondents, 52 percent, said that theywere either in current implementation or working toward implementation of a discovery layer. At 44 percent, Encorewas by far the most popular discoverylayer system. When asked which legal resources had been activated forsearching via the discovery layer, 41percent of respondents simply said theydidn’t know, and 38 percent said theyhad activated HeinOnline. Survey resultsare provided in an online supplement tothis article.

Along with the responses, I received23 comments, which basically fell into four categories: (1) those who areconsidering implementing a discoverylayer, (2) those in the middle of theimplementation process, (3) those fullyimplemented, and (4) undecided.

Faceting was an attractive feature to those in the consideration phase, as articulated by one respondent: “One thing we are looking for is betterhandling of genre/form and geographicfacets, as well as better integration offederated search results.”

In-process implementers expressedfrustration with the lack of legalinformation databases available for activation within the system.

© 2011 Valeri Craigle • image © iStockphoto.com/Evgeniy Ivanov

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HeinOnline was noted as the most frequentlyactivated database, while Westlaw and Lexiswere the least likely to be activated.

Those in post-implementation werepleased with the cross-database articlesearching and the ability for users to “seesearch results from selected top legal andsocial sciences databases alongside resultsfrom our catalog.” Other libraries wereincorporating local materials from theirinstitutional repositories, the contents ofwhich include images, newspapers, openaccess journals, and other materials.

The undecided group echoed theconcerns of other respondents about the lackof legal resources available in discovery layersystems. Some comments also indicatedconfusion about who bears the responsibilityfor negotiating contracts between discoverylayer companies and legal vendors/publishers. One respondent said that in her experience,the software companies and vendorsthemselves seemed confused about the issue.

Issues and Implications for Law LibrariesWhile the idea of offering a unified searchacross library resources is attractive, the realityis that unforeseen issues may arise thatovershadow these benefits. One example is

the experience we had with activating legalinformation resources in our discovery layer,which served not just the law school, but theentire campus community.

One of the things we had not consideredwas whether it was a good idea to makeresources “discoverable” even if they were notaccessible to all users of the system. Westlawand Lexis, for example, are the most frequentlyused resources at the college of law. Yetactivating these resources in the discovery layerwas impractical because our licensing agreementrestricted access to law students and faculty.Because we were part of a larger campus-wideimplementation, it made no sense to activatethese sources for discovery if access was notavailable to the campus as a whole. Fortunately,we were able to activate HeinOnline,LexisNexis Academic, LegalTrac, and the Indexto Legal Periodicals as the licenses for databasesoffered campus-wide access.

Also surprising was the level of difficultyexperienced by some staff and faculty inlearning the new system. As mentioned earlier,the volume of information in pre-faceted, pre-filtered search results can be overwhelming. Theold catalog, which retrieved a manageable list ofprint and some electronic resources, provided alevel of comfort for the less tech-savvy users.But with time and training, we found that itwas possible to build the skills necessary forpeople to gain a sense of control over the bulkof information.

DownloadCreate Chart


2. Which Discovery Layer interface does your library use?

answered question 34

skipped question 24

Sopac 0.0% 0

Summon 2.9% 1

Vufind 11.8% 4

Other 2.9% 1

Don’t know 8.8% 3

3. To the best of your knowledge, which of these legal information sources havebeen enabled for searching via your Discovery Layer interface?


skipped question 24

Response

Percent

Response

Count

WestLaw/WestLaw Next 2.9% 1

LexisNexis Academic 26.5% 9

Lexis (Law School) 0.0% 0

HeinOnline 38.2% 13

LegalTrac (Gale) 32.4% 11

EBSCOHost Legal Collection 17.6% 6

Index to Legal Periodicals (Wilson) 35.3% 12

E-Journal/Ebook subscriptions 17.6% 6

Other 17.6% 6

Don’t know 41.2% 14




Discovery Layer Technology in Law

Libraries Edit

+ Add Report

Response Summary Total Started Survey: 58

Total Completed Survey: 58 (100%)

PAGE: 1

1. Does your library currently use a Discovery Layer interface for the catalog?


skipped question 0

Response

Percent

Response

Count

Yes 51.7% 30

No 43.1% 25

Don't Know 5.2% 3

2. Which Discovery Layer interface does your library use?


skipped question 24

Response

Percent

Response

Count

Primo 5.9% 2

Encore 44.1% 15

WorldCat Local 11.8% 4

Aquabrowser 8.8% 3

Blacklight 0.0% 0

Ebsco Discovery 0.0% 0

Endeca 2.9% 1

Enterprise 0.0% 0

Visualizer 0.0% 0

Scriblio 0.0% 0

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Discovery Layer in Law Libraries Survey Comments:

We are considering changing our cataloging system, and all the systems on your list are on ourlist of possibles. However, at present we are using a system that doesn't have that functionality.

We anticipate purchasing Encore at some point in the future. One thing we are looking for isbetter handling of genre/form and geographic facets, as well as better integration of federatedsearch results.

We aren't technically on Encore yet, but are very close. We also requested connectors bedeveloed for our BNA databases.

We expect to add access to HeinOnline when our system vendor is finished testing and hasaccess in general release.

We are in the process of implementing Primo. We're not sure about Westlaw and Heincollections being enabled.

Currently we have not enabled searching of any legal databases. However we are consideringLegalTrac, HeinOnline, and Index to Legal Periodicals.

Our VuFind implementation has not yet integrated databases with catalog and local collections.We also currently have a trial of EBSCO Discovery and have considered Summon (but can not yetafford it). None of these projects have been initiated by the law library; rather, we are able toparticipate as part of a larger university system.

We have purchased Encore w/ HeinOnline as our "Synergy" option, may add more databaseslater. Not officially up yet, but will be in a month.

Our AquaBrowser Library incorporates our federated searched product (360Search) as part ofour search. Users can see search results from selected top legal and social sciences databasesalongside results from our catalog.

…also includes some local materials in the institutional repository, e.g. images, newspapers,open access journals, etc.

We have looked at Summon and Aquabrowser and have been discouraged by the vendor frompursuing because of the lack of legal sources available. They blame the publishers. We have theadded problem of having Canadian packages, so even less market pressure for the publishers toopen their data. Also no jurisprudence, even from free sources such as the various LII's. Wewould be very interested if you discover anyone who has made the legal sources available usinga discovery layer.

The Law Library does not actually use/link to the "Discovery Layer" that is provided by the MainCampus Library because it does not adequately deal with finding legal materials. I filled out thesurvey since we do share a catalog and one could possibly try to use it for our library from theMain LIbrary's website.

I think we need a discovery layer, but I am not in a position to make this happen.

Lessons LearnedDiscovery layers have transformed ourinformation seeking behaviors and havegiven us a deeper understanding of thedepth, breadth, and value of ourresources. They are particularlyadvantageous for college undergraduates,who must work with a variety ofresources across many disciplines.However, based on feedback fromstudents, staff, and faculty at my lawschool, and based on my own weighing

of the issues involved withimplementation, I wonder if discoverylayers in law libraries introduce anunnecessary element of complexity in an already complex informationenvironment.

Most concerning are the restrictiveand expensive licensing policies of thelargest legal information publishers,whose materials are by and largeunrepresented in discovery layer systemsbecause of these restrictions. What is the

benefit of marketing such a tool to ourstudents and faculty if their most vitalsources of information are nowhere to be found in the system? I would urge law libraries, particularly academic law libraries that are part of a largercampus-wide implementation, to takethese issues into consideration. ■

Valeri Craigle ([email protected]) is access technologies librarian at theUniversity of Utah S.J. Quinney LawLibrary in Salt Lake City.


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My summer vacation at the ALA conference and beyond

By Monice M. Kaczorowski

Partnering with ALA to Raise theProfile of Law Librarians


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With the economy inturmoil and lawlibrarians in the private

sector facing significant cuts inresources and staffing, I wasexcited to be appointed AALLrepresentative to the Association ofLegal Administrators (ALA) for the2011-2013 term. I feel that theALA liaison position is the perfectway to understand what theleaders in our firms and corporatelegal departments were facing. Theposition also presents a platform to educate ALA members on howlibrarians can help those leadersmeet the challenges they now face.

In October 2010, as part ofProfessional Legal ManagementWeek (PLMW), I participated in a luncheon presentation for ALAstaff about the goals, needs, and initiatives of AALL and itsmembers. The question andanswer period with ALA staffhelped me to better understandthe needs of the organization andarmed me with the necessaryinformation to communicate toAALL members the issues that we need to tackle in our efforts to help and influence importantstakeholders.

Also in 2010, in early January,Larry C. Smith was named ALA’snew executive director. As a result,there has been a change in the wayour two organizations collaborate.Smith clearly recognizes the valueof aligning our organizations toensure that AALL is given thenecessary opportunities to helpALA members better understandunique skills that law librarianspossess and strengths we bring tothe table.

For the first time this year,ALA provided AALL with freeexhibit space at its annual meeting,held in Orlando, May 23-25,2011. Instead of attendingeducational sessions as liaisons did in the past, I worked theAALL exhibit booth with JuliaO’Donnell, AALL membershipmarketing and communicationsdirector. We participated in allgeneral networking events andwere given the opportunity toattend an invitation-only eventcalled “Coffee and Connections”for one-on-one discussions withALA members. This event affordedus the opportunity to askquestions about any number ofissues that were on our minds.

What Do AdministratorsThink of Law Librarians?When I realized that I would notattend any educational sessionsbecause I was working in thebooth, I admit I was initiallydisappointed. I wasn’t sure thatworking a booth was the best wayto learn about what was on theminds of ALA members. I hadnever worked an exhibit booth—I’d only visited them at meetings.

After three days in Orlando, I cantell you I have a new respect forwhat it takes to work an annualmeeting.

Getting up especially early and walking two miles to theconvention floor was thebeginning of unending days on my feet, greeting members andanswering questions about theAssociation and what law librarianscan do to support administrators.We often began our interactionwith conference attendees byasking questions about how manyattorneys are in their organizationsand whether they have a librarian.This gave us a good baseline forfurther questions. One-on-onecontact with members wasinsightful and allowed us time todelve into questions regardingattendees’ daily challenges. Theresult of those conversations was a mixture of positive feedback andthought-provoking concerns.

So who exactly were we talkingto at the ALA Annual Meeting?According to Jackie Stasch, CEMmanager, exhibit and sponsorshipsat ALA, 52 percent of theattendees were from small-sizedfirms (one to 29 attorneys); 28percent from medium-sized firms(30 to 74 attorneys); and 18percent from large-sized firms (75to 150+ attorneys). Seventy-fivepercent of annual conferenceattendees are responsible for overallmanagement of their firms or legal

Author Monice M. Kaczorowski staffs the AALL exhibit booth during the 2011Association of Legal Administrators annual conference in Orlando, May 23-25.

© 2011 Monice M. Kaczorowski

The ALA liaison position is the perfect way to understand what theleaders in our firms and corporate legal departments were facing.

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departments. Ninety-six percent ofattendees are employed in private lawfirms. And attendees were from acrossthe nation, with some Canadian andinternational members, as well.

From the attendees who chose toshare time with us, we learned there wereany number of them who respect theirlibrarians, know them by name, and

understand the value they bring to their organizations. We talked about the changing role of the librarian,emphasizing our skill sets.

It was concerning to hear commentslike, “We are cutting our printcollection, so we really don’t need alibrarian anymore,” and “We haveattorneys to do research, so why do weneed librarians?” Comments like thesegave us the chance to explain the role oflibrarians as information professionalsand our growing involvement withconflicts, docket, records management,competitive intelligence, and knowledgemanagement.

If administrators hadn’t thoughtabout librarians in these roles, we hopedthat they would consider the possibilityof expanding their view. In this respect, I believe the AALL handout about lawlibrarians’ roles in business intelligenceand competitive intelligence solidified acritical message for people visiting thebooth.

We also spent time withadministrators who believe they have a librarian when in reality they have afiling service. In the 50-attorney-or-lessfirms, we often heard, “Oh yes, we havea librarian who comes in once a monthto file our materials and update thecollection.” Many of them appeared to have no idea that librarians can becalled upon to do things other than filelooseleafs.

Many of the administrators in thiscategory wanted metrics defining theoptimal time to hire a librarian inrelation to increasing attorney-staffratios. These same administratorsexpressed an interest in finding cost-effective ways to add librarians and find resource services.

What Do Administrators Needfrom Law Librarians?While on break from the exhibit hall, Julia and I had the chance to attend the second annual “Coffee andConnections.” This invitation-only event

mimicked a game of speed dating. Afterfinding your name badge with your tablenumber, you were expected to join theother exhibitors (five in total) at yourtable. My fellow table mates representeda cloud computing company; a liabilityinsurance vendor; and providers of time,billing, and dictation equipment. Weremained together for the entire event.

Every 15 minutes, three new ALAmembers joined our table for newquestions and a different perspective. By mixing up the membership, ALAensured the best demographic mix forquestions. Each of us was allotted threeminutes to pose a question that wewanted the ALA member to answer.

Through this exercise, we learned ofchallenges and trends faced by law firms.At the forefront were consistent messagesaround keeping costs contained and the growing use of off-shore services,including research. We heard messagesabout billable hours on the decline at atime when it is increasingly difficult toraise rates. Technology is at the top ofthe priority list as real estate becomesmore expensive and attorneys want/needto work outside the office.

It was clear that administrators arefaced with additional challenges formotivating staff and raising morale. And finally, where administrators wereonce promoted through the ranks of lawfirms, these days they are often beinghired from the outside for their businessexpertise to fill chief operating officer(COO) and chief financial officer (CFO)positions.

As we continued on during the“Coffee and Connections” session, all ofthe questions posed by Julia and myselffell into the category of, “What doadministrators need from law librarians?”Again and again we were told, “We needhelp from librarians to learn areas thatwe aren’t familiar with,” and, “Help me understand what I don’t know,”which mostly consisted of subscriptions,negotiating contracts, legal content, andstaffing.

In terms of Lexis and Westlaw, itbecame increasingly obvious that there is a strong movement toward choosingone provider. Many of the administratorswe talked to had already made the choiceand were willing to discuss their reasonsfor doing so. They were up front aboutclient push back on costs and vendorunwillingness to negotiate. As one

administrator so aptly said, “They neverwant to talk to you until you drop them,and then two years later they come backand give you exactly what you want justto get a foot back in the door.”

In terms of contract negotiation,administrators have a strongunderstanding of the numbers/value;however, they expressed a need to havelibrarians explain content in terms of the online services used by attorneys.Administrators demonstrate clearrecognition of the tension in law firmsbetween online and print resources,especially in generational populations.They would like law librarians to bemore proactive, analyze practice areas of firms, make recommendations aboutthe authoritative sources, and explain toadministrators the best ways to deliverthose resources.

These same administrators asked ifthere is a way to bundle print and onlinein order to better serve and satisfy themajority of the population. It was easy to discern from this session thatadministrators, in general, feel stronglythat it is critical for librarians to possessgood negotiation skills and to deliver thebest deal possible while holding the lineon what the firm needs rather than whatthe vendor wants.

Clients are more demanding, andadministrators want librarians to help the attorney population be better trainedand more efficient through the use ofknowledge management. It was alsoexplained that many joining the ranks of the C suite are being hired for theirbusiness acumen and are new to law. It became clear that administrators needlibrarians to deliver critical and timelyinformation to ensure that the decision-making C suite has what it needs to stayabreast of legal trends.

Continuing the Connection with AdministratorsBy the end of the conference, I had a lengthy to-do list and a better sense of what was necessary to keep theseconversations going. First, I wanted to let AALL members in the private sector know what I had learned fromadministrators during the break-outsessions, and second, I wanted to lookfor educational opportunities withinALA. I reached out to Rosemary Shiels,professional development programmanager at ALA, to better understandhow the association creates its educationprograms for the conference. Sheexplained that at ALA, membervolunteer committees plan conferences.These volunteers identify the topics andspeakers. Occasionally, ALA willrecommend speakers, but for the mostpart, the ALA members present their

At the forefront were consistent messages around keeping costs containedand the growing use of off-shore services, including research.

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plan and suggest speakers and topicsbased upon previous chapter, regional,and national conferences.

Unlike AALL, ALA does not use asubmission process for its programs, andit is often left entirely to the planningcommittee to decide on final programs.This selection process makes influencingthe program selectors difficult andrequires far more interaction at thechapter level.

Continuing the Discussion at the Annual MeetingAt the AALL Annual Meeting inPhiladelphia, I was given the opportunityto participate in a Coffee Talk sessiontitled, “Creating Value in Law FirmLibraries—What I Learned at theAssociation of Legal AdministratorsConference.” AALL Conferenceattendees were invited to bring a cup of coffee, pull up a chair, listen to myexperiences, and discuss their impressionswhile sharing their thoughts. Participantsconsisted of a geographically diverseselection of librarians who representedfirms of all sizes. I was most appreciativeof the lively exchange and discussion onhow we could educate ALA membersabout our skills and profession.

One of the strongest ideas wediscussed involved pairing AALL andALA chapter officers. We know thateffective communication should begin at the chapter level, and the result wouldbe great exposure for both organizations.We are sure that the chance to explainour initiatives will gain more oppor -tunities to get our message out. Forexample, we have great writers whowould be happy to contribute content to ALA chapter newsletters on issues of importance to librarians andadministrators, and we could invite localALA members to speak at librarian lunchevents or have librarians speak orparticipate in ALA local events.

Taking ActionImmediate opportunities to educate ALAmembers continue to present themselves.On my return trip home fromPhiladelphia, I was informed that theCapital Chapter Association of LegalAdministrators (Washington, D.C.)Capital Connection needed an article onthe recent Private Law Libraries Changeas Action Summit that had just takenplace at the 2011 AALL AnnualMeeting. Together with AALL memberLyn Warmath, library director atHirschler Fleischer in Richmond, we co-wrote an article titled, “Call to Actionfor Firm Librarians” (www.alanet.org/publications/issue/augsep11_an/ALAN-AugSept11-Share.pdf ).

The article focuses on changes in thelaw firm industry, the new roles law firmlibrarians are playing, and their focus onknowledge management, competitiveintelligence, and cost-effectiveapproaches to running their libraries.The article was published only days after the summit.

ALA editorial also picked up thearticle for inclusion in its nationalpublication, ALA News, which has aprint and online circulation of 10,000members. With the article written andpublished, we were quickly movingforward with our plans to educate lawfirm administrators on what we do.

Each year, PLMW, held in the firstweek of October, provides us withanother opportunity to showcase ourAssociation membership. AALL, alongwith ALA and 11 other associations, co-sponsors PLMW. This provides aforum to recognize individuals in legalmanagement for the roles they play intheir organizations’ success.

This year AALL collectedtestimonials from members and theircolleagues about successful workingrelationships in law firms among

librarians, administrators, marketers, andmore and posted them on AALLNET.

The chapter initiatives are still in theearly stages, but we are already thinkingabout the 2012 ALA annual meeting.Once again, AALL will participate as anexhibitor. With a better understanding of what attendees need to know, I amworking with PLL-SIS Chair SteveLastres on a brochure describing thenewly revised PLL practice guides. They are a good source of library bestpractices.

The liaison position to ALA is agreat way to reach the leaders in ourorganizations. What I learned byworking the AALL exhibit booth is thatit’s critical for librarians to educate ourlaw firm administrators on what we doand how we add value to our firms. Bygetting to know our colleagues in ALAand educating them about who we are,we can raise the profile of the professionand help law firm administratorsunderstand the value we can bring totheir organizations. I look forward tohearing from all of you who share thisvision and invite your thoughts andinsight. ■

Monice M. Kaczorowski([email protected]) is director oflibrary services at Neal, Gerber &Eisenberg LLP in Chicago.

Here’s a taste of what you can look forward to in the Februaryissue of Spectrum:

• A case study on how SMART Board technology can be used to improve instructional delivery• How do librarians in firm law libraries take charge of the corporate library as place?• Making the case for law librarians in the future of information• How law school libraries can assist faculty with the publishing process• A personal essay from Hon. Marsha C. Thomas on, “everything I know as a judge I learned as a reference librarian”• The relationship between “information” and “knowledge” and how focusing on one term (information) at the expense of the other

(knowledge) relates to law librarianship

Next Month in Spectrum

Administrators demonstrate clear recognition of the tension in law firms between online and

print resources, especially ingenerational populations.

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What�subtle�distinctions�teach�us�about�authority

By Benjamin J. Keele

Legal

researchers

constantly

deal with issues of

authority. Did the

police have

authority to search

the car? Is this

court of appeals

decision binding

authority on my

case? What statutes

are authoritative in

my jurisdiction?

These questions are

important, and

librarians often

help find answers.

The question of

authority that

librarians are best

equipped to

answer, however, is

“How authoritative

is this source?”


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In addition to helping students andpublic patrons find the sources thatcontain answers to their questions,academic and public law librarians teachresearchers how to evaluate whether asource is indeed what it claims to be. We teach students that decisions of thesupreme court override those of a courtof appeals (except in New York, wherethe opposite is true). We tell researchersthat a provision of the U.S. Code is moreauthoritative than an inconsistentprovision of the Code of FederalRegulations. And Nimmer on Copyright is a better authority than a newspaperarticle.

Beyond these broad and simplestatements, though, lie more subtledistinctions of authority less frequentlyencountered but nonetheless importantfor many researchers. This articlediscusses three such distinctions:precedential versus non-precedentialopinions, positive versus prima facie law,and professor-written versus student-written law journal articles.

Other examples surely exist, andwhile some patrons may think suchdistinctions are needless nit-picking,there are times when such questions of authority will affect their research.Librarians do not need to drill studentsand patrons with charts listing everyminiscule ranking of authority, but wedo a disservice to our patrons by notmentioning these distinctions whenrelevant.

Each of these examples alsoillustrates a general principle ofevaluating legal sources’ authority thatwe should teach our patrons. Just as lawprofessors teach students to spot theright issues in a legal problem, we shouldinstruct researchers to ask the rightquestions to decide how authoritative asource is and whether it can answer theirquestions.

Precedential versus Non-precedential Court Opinions(Authority is Limited by Rules)Some distinctions of legal authority arepretty intuitive. The laws in Nevada havevery little effect in Indiana, for example.Likewise, a decision of the NevadaSupreme Court is unlikely to have anyauthority in an Indiana court. Lessintuitive, though, is that whether anIndiana Court of Appeals decision canbe cited as authority depends on whether

it was designated by the judges forpublication. The distinction betweenprecedential and non-precedential (orpublished and unpublished) opinionsshows that what counts as legal authorityis limited by other legal rules.

For most researchers, precedentialand non-precedential opinions are nowequally accessible. Opinions marked asprecedential by judges are published inWest reporters, but non-precedentialopinions are also published in majorlegal databases and on court websites.Further highlighting the anachronism ofdubbing an opinion unpublished is thatsome non-precedential opinions are

published in the Federal Appendix, aprint reporter.

If there is no difference in access,whether an opinion can be cited asauthority depends solely on the court’srules. Federal Rule of Appellate Procedure(FRAP) 32.1 provides that all opinionsissued after January 1, 2007, can be cited;before that, one must look to circuit andlocal court rules. (For more backgroundon FRAP 32.1, see Amy E. Sloan’s article,“‘If You Can’t Beat ’Em, Join ’Em:’ APragmatic Approach to NonprecedentialOpinions in the Federal AppellateCourts,” in the Volume 86, Number 4issue of Nebraska Law Review.) Statecourts are also divided on the citation ofnon-precedential opinions.

Researchers looking for controllingprecedents need to understand that just as an on-point (or even a close toon-point) high court decision is virtuallyalways better than on-point intermediateor trial court decisions, so areprecedential opinions preferable to non-precedential opinions. Experiencedattorneys generally know this, butstudents and lay researchers may need tobe alerted to the distinction before theyrely upon a case that is less authoritativethan they think.

Fortunately, most non-precedentialopinions are easily identified by theprominent notices on the documents.Simply instructing researchers to preferdecisions without such notices will helpavoid confusion and disappointment.More generally, though, librarians shouldteach researchers that different legalsystems permit different kinds ofauthority. If a researcher remembers toask what authorities are permitted in agiven case, many fruitless research pathswill be avoided.

Positive versus Prima Facie Law(Errors Can Occur in Sources)Non-precedential opinions are easy tospot due to the notices and theirexclusion from reporters of precedentialopinions. Distinguishing betweenpositive and prima facie law is moredifficult. The clearest markings ofpositive and prima facie laws are notwhere most researchers would think tolook—on the front matter of the printedvolumes of the Statutes at Large and inthe table of contents of the U.S. Code,where asterisks are placed next to titlesenacted as positive law.

The Statutes at Large are positivelaw—whatever text is in those volumes isthe law. When Congress makes a mistakeor a typographical error creeps into theStatutes at Large, Congress can only fix itby enacting a law that corrects the error.Much of the U.S. Code is prima facielaw, which means the text in the U.S.Code is presumed to be the law, but itcan be trumped by any inconsistent textthat may exist in the Statutes at Large.Some titles of the U.S. Code have beenenacted as positive law, so for those titlesno recourse can be made to the Statutesat Large.

The compilers in the Office of theLaw Revision Counsel generally do avery good job of codifying the Statutes at Large into the U.S. Code, so most ofthe time there is no effective differencebetween the session laws and code.However, in the years since the first U.S. Code was published in 1926, errorshave been found that were material toactual cases. Mary Whisner recountsseveral of these cases and notes thathundreds of errors were found in thedraft codifications leading up to thepublication of the U.S. Code in her Fall2009 Law Library Journal “PracticingReference” column, “The United StatesCode, Prima Facie Evidence, and PositiveLaw.”

Some legislators insisted that theU.S. Code be prima facie evidence of the law because they knew that errors inimportant legal materials were inevitable.Better technology has certainly reducedthe incidence of errors, but mistakeshave been found in major legaldatabases, too. Librarians don’t need toteach the difference between prima facieand positive law when introducingsession laws and statutory codes, but weshould teach the underlying point thatno source is immune to mistakes.

We should instill a healthy level of caution and an understanding thatrelying on a source involves a certain,even if miniscule, level of risk. In mostcircumstances, looking at a reliable andwell-maintained code, official orunofficial, will suffice. Hanging a legal

© 2011 Benjamin J. Keele • image © iStockphoto.com/mlenny photography

The question of authority that librarians are best equipped to answer,however, is “How authoritative is this source?”

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argument on a code provision quoted ina book or article is a riskier proposition,and if one’s key argument depends onthe precise wording of a clause, thenchecking the positive law copy isworthwhile.

Researchers don’t need to insist on acertified copy of every statute, but theydo need to know every copy of a lawthey find is not equally accurate, andthey should seek to use the mosttrustworthy copy they can reasonablyobtain. Awareness of the risk of errors in legal documents will lead researchersto seek well-maintained copies of legaldocuments, like judicial opinions,administrative regulations, andinternational agreements. Librarians are prepared to meet this demand bydirecting researchers to official orunofficial but reputable print codes,government websites like FDSys(fdsys.gov), or well-known privatewebsites like the Legal InformationInstitute (law.cornell.edu).

Professor-written versusStudent-written Articles (WhoMade the Source Matters)When considering the authority ofdifferent copies of primary legal sources,the more closely a copy matches thecurrent text of the original legaldocument, the more authoritative it is. For secondary sources, authority isdetermined largely by the educationaland professional credentials of theauthors.

In the genre of academic law journalarticles, writings by legal scholars andpractitioners are generally regarded asmore authoritative than pieces written bylaw students. The differences of authoritybetween scholar-written and student-written articles are murky; courts havecited articles by both professionals andstudents. Student-written work is oftennot clearly labeled as such, and noviceresearchers may not know that notes,comments, and unsigned writings aregenerally by student authors.

Regardless of the formal labeling ofan article, a good way for researchers toevaluate an article’s authority is to look

to the education and experience of theauthor. Of course, an excellent indicatorof authority is solid legal analysis andevidence. Experienced researchers infamiliar territory will know this whenthey see it, but researchers new to legalresearch or striking out into a new fieldwill need signs of authority that do notpresuppose a solid grounding in therelevant literature.

A few names have become highlyauthoritative brands (such as Nimmer for copyright or LaFave for criminalprocedure), but these are rare, solibrarians need to teach researchers tolook for indicators of authority insecondary sources. In addition to theauthor’s credentials, another sign of anarticle’s authority is citation by courts orother scholars. This can be discoveredthrough major legal databases or GoogleScholar.

If a researcher is thinking of citing asecondary source as authority, seeing thatothers have already done so is a goodsign. Citation metrics have their own

weaknesses, as does depending solely on the imprimatur of an establishedpublisher. No one of these proxies forauthority will serve on its own, buttaking a few together will get researcherscloser to authoritative secondary sourcesand help them recognize authoritativeworks when they come across them.

The same principles apply for onlinesecondary sources. Much legalcommentary now is published exclusivelyonline in blogs, online supplements toprint journals, and solely digital journals.For many researchers, print still carries a greater air of authority, but plenty ofonline sources are perfectly authoritative.Librarians should remind researchers tocheck for indicators that the authorknows what she is talking about,regardless of the source’s format.

ConclusionLooking for answers to legal questionsoften requires sifting through a variety of sources, some more authoritative than others. Not all researchers need toknow about the differences betweenprecedential and non-precedentialopinions, positive and prima facie law,

or professional-written and student-written articles. The principles thatunderlie these distinctions—legal rulesaffect what counts as authority, errorscan occur in any source, and the author’sidentity matters—will help researcherschoose good sources for any project.

Much legal instruction occurs whenanswering a reference query. Whenanswering a question, a librarian canthread these principles into herdescription of the relevant source and her explanation of why the source islikely to be helpful. The distinctionbetween precedential and non-precedential opinions need only bebrought up if the researcher states shehas found the answer and presents anon-precedential opinion. Then it wouldbe appropriate to suggest checking therelevant court rules on citing non-precedential opinions and perhaps a bitmore digging for a precedential opinionwith a similar holding.

The proper time and extent ofinstruction on appraising authority willdepend on the researcher’s knowledge,research goal, and access to legalmaterials. What is best for experiencedattorneys will be different from what isbest for students. The same is true forlaypersons. All researchers, though, havea common need to access and recognizeauthoritative sources. Librarians canmeet this need by explaining theseprinciples when recommending sourcesor reviewing materials the researcher hasalready found.

The distinctions of authority we find might seem like splitting hairs tostudents and public patrons, but as longas they are grounded in solid principlesfor selecting the most authoritativesource available, we will help researchersfind sources that best fit their needs. ■

Benjamin J. Keele ([email protected])is a reference librarian at William & MarySchool of Law in Williamsburg, Virginia.

We should instill a healthy level of caution and an understanding that relyingon a source involves a certain, even if miniscule, level of risk.

Librarians should remind researchers to check for indicatorsthat the author knows what she

is talking about, regardless of the source’s format.

AALLDec2011:1 11/15/11 2:04 PM Page 16


If well-annotated deskbooks arebecoming the new center of the privatelaw library, how will this affect law firms,library schools, law schools, or onlineservices?

What is a Deskbook?A deskbook presents an area of law in an organized manner. It is a convenientpractice tool, developed for a specificpractice group, that saves the attorneyresearch time as it is on the desk,credenza, or in the briefcase. In onesense, it is a slice of a mini-legalencyclopedia. In another sense, it isusually the first step in the researchjourney.

Annotated deskbooks provide timelyinformation with annotations of case law or statutes and with presentations of official commentary, charts, tables,practice tips, and references to othersources. Four points distinguish anannotated deskbook from a legalencyclopedia, like the American LawReports.

First, deskbooks may be one- or two-volume paperbacks that are replacedannually or biannually, reflecting currentchanges in the law. Second, annotateddeskbooks provide timesavingannotations about leading cases for pre-defined topics or issues. Third, annotateddeskbooks are reasonably priced for any

size law practice and can be put into a briefcase and carried to trial or anegotiation. Fourth, deskbooks arepractice-specific.

A Best Practice Model for aDeskbookA best practice model for a deskbook will have specific elements that providecomfort to a practicing lawyer. We haveobserved that the following elements arefound in many, but not all, deskbooks.The following represents a best practicemodel:

1. The authors or publishers listen tothe practitioners and implementimprovements or suggestions.

2. An introduction describes what is new, an overview of recentlegislation or changes, currencyof the material with atermination date, conventions or signals used in the deskbook,and biographies of the authors.

3. The beginning of the modeldeskbook will have a summarytable of contents followed by adetailed table of contents.

4. The model deskbook will have anindex of terms indicating wheremore information can be foundeither by page or section number.An index may be located in thefront or back of the book.

5. The model deskbook will have a printed thumb guide on thefore edge to quickly find relevantsections.

6. Annotations provide relevantcontext for the attorney.Annotations may appear infootnotes at the bottom of apage, at the end of sections, or in the middle of a page whereneeded.

7. The model deskbook willreference other research sourcesand their applicable sections,regardless of the publisher.

8. Charts should show importantcomparisons, geographicallimitations, or compare andidentify the federal sectionagainst the state section.

9. The model deskbook will include official comment.

10. The model deskbook will havepractice tips, distinctions betweenjurisdictions, and checklists.

11. The model deskbook will providedisposition tables if statutes were moved from one place toanother.

12. The model deskbook will includeexamples of model forms by titleand form number.

Well-annotated deskbooks as the new center of the private law libraryBy Kevin Miles

© 2011 Kevin Miles • image © iStockphoto.com/Tatiana Morozova

Library on a Credenza

Law firms are doing more to reduce their

expenses, which means that well-annotated

deskbooks may begin to play an even greater

role in research efforts. To meet research budgets,

many attorneys start with deskbooks to determine

the direction of their searches or to evaluate leading

cases that appear in the annotations before turning to

online services. Often, the mental model of the

researcher changes as new information is added or

old information is deleted. This is part of the normal research process. Using a deskbook as

the first step in the research process helps the researcher shorten the research time.

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13. The model deskbook will offer cross-references to otherpertinent sections in the book or in the law.

14. The model deskbook will haveappendices that may include atable of cases referring back to asection in the book or to relevantforms.

15. The model deskbook will supplya bibliography of relevant cases,statutes, or treatises.

16. The model deskbook will includea CD-ROM.

Should Library Schools and Law Schools Teach the Idea ofDeskbooks?Library schools and law schools typicallyteach the general large reference booksbecause they tend to be universal inuniversities, public libraries, and publicschools. Current budgets usually havethe library school student do a field tripto the university library or public libraryto examine these sets and answerquestions for the course. Lawyers whoare in library school are familiar withsome deskbooks, but general libraryschool students are usually not familiarwith them. Law students are rarelyexposed to deskbooks because they arepractical, not theoretical.

So, should library schools purchasedeskbooks for their programs? Doing sowould prepare the library school studentheaded for a law firm with specificknowledge and preparation. Perhapsalumni associations can provide guidanceor material assistance here. Deskbooksare a necessary part of law firm life andshould be covered in the curriculum inboth law schools and library schools.

How Will Deskbooks Affect Online Services?Alternative fee arrangements is one factor that is increasing the pressure on law firms to contain or reduce costs.Starting research with a deskbook beforeperforming online research shouldencourage more relevant and less costlysearches for the client or law firm.Further, a deskbook may reveal moreaccurate terms of art or additional areasto explore before going online.

Five Important DeskbooksThe following deskbooks are not state-specific but practice-specific, developedby publishers who do an outstandingjob. These books were evaluated on thebasis of their annotations, overall quality,cost, and currency of material.

Delaware law of corporations &business organizations. Statutorydeskbook. Authored by R. FranklinBalotti and Jesse A. Finkelstein. AspenPublishers. ISBN 978-0-7355-9483-8.

This book provides strong authoritybased on the authors’ names, the supportof the publisher, and the support of thelaw firm, Richards, Layton & Finger.

Published by Aspen Publishers,Delaware law of corporations & businessorganizations is organized into 15sections. The book begins with ananalysis of amendments to the GeneralCorporation Law of Delaware, placingthe table of contents and index in thefront of the book.

Next follows selections from theConstitution of the State of Delawarewith selected annotations. Annotations,comments, and a section synopsis arefound at the end of each section. If asection has been modified duringdifferent years, there is a short summaryfor each year. Annotations of thecorporate statutes appear at the end ofmost sections and are numbered to linkback to the statute, and the case citationsfollow the normal form, i.e., style,citation, court, and year.

A CD-ROM contains the fullcontents of this book with a rudimentarysearch engine. Additional contentsinclude the Delaware GeneralCorporation Law, Delaware LimitedLiability Company Act, DelawareStatutory Trusts, Delaware CodeProvisions, Delaware Court of ChanceryRules, Delaware Uniform LimitedPartnership Act, Delaware RevisedUniform Partnership Act, UniformUnincorporated Nonprofit Association Act,and Selected Taxes and Fees for DelawareCorporations.

Annotations have been prepared only by the staff of Aspen Publishers, butspecial analyses were written by leadinglawyers of Richards, Layton & Finger.This deskbook derives its content fromthe three-volume set, the Delaware Law of Corporations and BusinessOrganizations, Third Edition.

Deposition Objections. Written byJoseph A. Ranney. James Publishing.ISBN 1-58012-140-3.

Deposition Objections is uniquebecause of its practical and extremelyuseful checklists and guides and its CD-ROM of forms. Attorneys use this bookbecause it saves time and provideschecklists and practice tips that offerways to handle difficult situations.

Deposition Objections is publishedbiannually by James Publishing. Thecontent is arranged into five sections:before the deposition; grounds forobjecting to deposition questions;

procedural issues during the deposition;special situations; and after thedeposition. A CD-ROM is includedwith the manual, and there is an index of the forms on the CD-ROM in bluepaper. Navigation aids include a table ofcontents, index, and table of cases. Thereis also a printed thumb guide marked onthe fore edge of the book.

Ranney presents his checklists incharts, which implies better organization.His forms guide the practitioner, alongwith caveats and practice tips. AppendixOne is a chart of state and federal rulesrelating to depositions. This chartincludes jurisdictions, discovery,subpoenas, and depositions. This bookfinishes with a table of cases, table ofstatutes, and index.

Federal securities laws of municipalbonds deskbook. Written by theNational Association of Bond Lawyers.Published by LexisNexis. ISBN 1-4224-4172-5.

This deskbook is unique in that itcontains the principal federal securitieslaws relevant to municipal bonds.Original releases from the Securities and Exchange Commission (SEC) and pertinent sections from the U.S.Code Annotated, Municipal SecuritiesRulemaking Board (MSRB), are allorganized topically and chronologically.The table of contents is the onlynavigation tool to the contents of thisbook. There is no index and no CD-ROM.

The content covers federal securitieslaws, MSRB rules, SEC enforcementactions, excerpts from key commissionreports, SEC guidance on electronicdissemination, and a website listing forthe municipal securities practitioner. Theannotations appear at the bottom of thepages as footnotes.

Expert editing is provided by Teri M.Guarnaccia, Andrew R. Kintzinger, andJohn M. McNally.

O’Connor’s Federal Rules CivilTrials. Written by Michael Smith.Published by Jones McClure. ISBN 1-59839-025-2.

O’Connor’s Federal Rules Civil Trials is distinctive because of its strongannotations and writing style. Forexample, the inside front cover providesa list of the commentaries by chapterand page. The inside back cover providesa list of charts by title and page and atimetable by title and page. The outsideback cover has a navigation tool thatlines up to the thumb guide on the foreedge. This tool quickly leads the attorneyto relevant sections before opening thebook.

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The finding aids are great, but the well-constructed annotations, commentaries, helpfulpractice hints or tips, and discussions of split circuitdecisions are better than what you may find in multi-volume treatises.

If the circuits are split, there will be a discussionand the leading cases of each circuit’s decision. Forexample, when a judge is related to a partner of a lawfirm within the third degree, the Fifth Circuit hasautomatic recusal. The Second Circuit requires ashowing of bias, in fact, not an objective appearance.Further, this book shows a chart of relatives byconsanguinity and a table of relatives by degree. The caution notes and practice tips are time savers.

Jones McClure provides an introduction to all the relevant changes since the last edition within thefirst five pages of the book. Rule changes, proposedamendments, and noteworthy cases are noted as aheads up to the practitioner.

Rights of publicity and privacy. Written by J. Thomas McCarthy. Published by ThomsonReuters. No ISBN.

This is a two-volume deskbook devoted to whoand what are protected by the right of publicity andwhat the right of publicity protects. Valuable researchreferences to West’s Key Number Digest leadingsecondary materials guide the researcher to finerexplanations of issues. Synopsis points below thesection heading serve as a summary of the section.Footnotes to many annotations of cases andsecondary materials appear at the bottom of eachpage.

Volume one covers the theoretical foundations,and volume two covers the practical issues oflicensing; contract checklists; and procedures,remedies, and defenses.

This title is unique and provides valuableinformation to attorneys practicing in the arena of privacy and publicity.

ConclusionThere is no perfect annotated deskbook, but the best practice model exists to inspire the best from thepublishers. Each deskbook is unique and meets theneeds of its market.

Annotated deskbooks are extremely useful becausethey help attorneys find leading cases, determine a viable research direction, and contribute to themental model of research. They are improvingconstantly as vendors strive to include more featuresand information. In the future, deskbooks will beavailable for use in tablets and electronic readers asthe market demands it. Finally, annotated deskbooksare reasonably priced, typically less than the cost ofone retail online research question.

Further action about deskbooks is needed. I propose that a complete listing of deskbooks beavailable on the Private Law Libraries (PLL) SpecialInterest Section website in a wiki. This will be “crowdsourced” by members of PLL for completeness andcurrency. Finally, the wiki will serve as a source ofinformation for library school students, law librarians,lawyers, and publishers. ■

Kevin Miles ([email protected]) is a librarianat Fulbright & Jaworski LLP in Dallas.

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The notion of a “learningorganization”

certainly cannot beconsidered a new topic.Though learning as arelevant organizationalprocess was proposed about40 years ago by Argyris andSchön in OrganizationalLearning: A Theory of Action Perspective, whichcontributed greatly to theemergence of the strategy, itwas only in the 1990s thatthe concept of the learningorganization started to beemphasized and gained realimportance. With the releaseof Peter M. Senge’s The FifthDiscipline: The Art andPractice of The LearningOrganization in 1990, thestrategy captured the interestof the academic world andbecame a trendy catchphrasein corporate management.

Flash forward 20 years. Harvard Law School Library is undergoing itsfirst year of reorganization, creating a lesshierarchical model that incorporatesthree strategic initiatives: providingoutstanding service to all users,streamlining and modernizing ourprocesses to take advantage of the best of the digital world, and participating in the law school’s curriculum reformefforts.

Built into the reorganization was a commitment to cross-unit training and communication within the library,greater flexibility in work design, and the use of teams to tackle any newchallenges. This commitment becamewhat was later called “YOLO,” or theYear of the Learning Organization.YOLO is a law library-wide, cost-efficient program that draws on thestaff ’s skills, resources, and expertise.

The initial groundwork for YOLO2010-2011 was actually started as soonas the reorganization was announced in the fall of 2008. The initial stepsincluded designating a steeringcommittee that included staff membersfrom technical and public services, bothprofessional and support staff, andcrafting new work units whose tasks andresponsibilities cut across the territoriesof the old “silo-ed” departments, whichresulted in a flatter organizational chart.These specific actions helped create anenvironment that was conducive tolearning and valued the contributionsand initiative of all staff members.

At Harvard Law School Library,YOLO gained the most benefit byhoning in on three learning organizationconcepts: (1) facilitated learning fromworkplace action in a supportive learningenvironment, (2) concrete learningprocesses and best practices, and (3)leadership support and behavior thatprovides reinforcement. All of these, thelast one especially, help both individualsand organizations foster an environmentthat develops trust and cooperativerelationships.

Staff Expertise—HarnessWhat’s Already ThereEvery law library has staff with uniqueknowledge, expertise, and experiences.One of YOLO’s main goals was toharness this expertise and utilize it forcross-departmental training, teambuilding, and “action learning.” Actionlearning is a phrase that is part of thelearning organization vocabulary. It canbe defined as simply learning about workby doing real work. However, there is asecond element that is equally critical—being asked to reflect on and understandsuccesses and failures in that work,sometimes through assignments,journaling, or with the help of afacilitator.

For example, here on the universitylevel we have a Center for WorkplaceDevelopment. The center offers a wide range of professional and careerdevelopment courses and workshopsdesigned to help employees grow in theircurrent positions and prepare for thefuture. YOLO sponsored a law libraryday at the center where 27 staff membersspent a half-day at a project managementworkshop. Led by staff member SarahStaley, the class was an introduction tothe key concepts of project management.Participants learned to complete projectsthat are well run, on time, and withinbudget. In line with the commitment to“action learning,” the law library staffbegan real work on projects of their ownchoosing and had the opportunity toapply a variety of tools and techniques to develop their plans.

From Brown Bag Lunches to Technology ConferencesOne of the smallest YOLO programs,the brown bag lunches, led directly toone big, cutting-edge conference. Thebrown bag lunches were the brainchildof Pam Peifer, assistant director foradministration, who was instrumental in the entire YOLO program.

“The brown bag lunches were

© 2011 Kyle K. Courtney • background image © iStockphoto.com/Jorge Salcedo

Harvard law library’s year-long experimentwith becoming a true learning organization

By Kyle K. Courtney

The Year of the Learning Organization

YOLO

Author Kyle Courtney teaches an in-house legal research trainingprogram to the library staff.

AALLDec2011:1 11/15/11 2:04 PM Page 20


LATCamp was officially the first conference to developfrom the YOLO program.

About 60 people from all over New Englandparticipated in LATCamp to informally discusslaw and technology.

Pam Peifer, assistant director for administration,was instrumental in implementing the YOLOprogram.

AALLDec2011:1 11/15/11 2:05 PM Page 21

creo


designed as a way to honor thecommitment to cross-unit training andcommunication within the library,” saysPeifer. “They were designed so thatpeople from other parts of the law librarycould meet other departments duringtheir lunch hour and understand whatindividuals do in their specific roles.”

For each session a department put on a small presentation about its dailywork, current projects or programs, orgoals. “All we did was provide thecookies,” Peifer says, “and thedepartments ran the programsthemselves.” The attendance at theseYOLO brown bags was sizable.

Some brown bags were meet-and-greets, some had presentations, and some featured the latest research projects.One inspiring brown bag presentationcame from Margaret Peachy, curatorialassistant for manuscripts in theHistorical and Special CollectionsDepartment. Her brown bag about thedigital humanities “unconference” sheattended led directly to a new HarvardLaw Library-sponsored program calledLaw and Technology Camp (LATCamp).

“LATCamp was borne out of aYOLO brown bag talk I gave afterattending THATCamp New England,”says Peachy. “The idea of a Law andTechnology Camp germinated amongmyself and some of the other staff. Wewanted to see if there was enough of acommunity out there among librarians,archivists, students, and teachers to cometogether on the topic of using technologyto enhance legal instruction, learning,and research.”

By tying the conference to YOLO,with Peifer’s continued support, theLATCamp was officially the firstconference to develop from the YOLO program. It was designed as an“unconference.” About 60 people fromall over New England, including peopleinvolved with legal education—students,professors, librarians, and technologists—participated in proposed topics theychose to discuss. There were eight regularsessions and one lightning talk (called“dork shorts”) session, which was thehighlight of the day for a lot of people.

Budget Conscious, Budget NeutralNot every YOLO program requires abudget for cookies and conferences.Many of the programs relied on the staff expertise and required no money atall. Peifer says, “I realized that YOLOcould be a budget-neutral program, aswell. I was inspired by a conference I had attended in 2009 where one of theworkshops was titled, ‘Staff Developmenton a Shoestring Budget.’”

In these times of library budgetcutbacks, the law library administrationspecifically made a dedicatedcommitment to utilize YOLO funds that were part of the normal travel,conference, and staff developmentaccounts. Again, leadership support andbehavior that provides reinforcement iscritical to the development of a learningorganization. Fortunately, not all YOLOprograms dipped into the professionaldevelopment budget.

Two particular programs relied onlittle to no budget. The first was HLSL2.0, which featured weekly readings andassignments on Web 2.0/social mediatools from WordPress to Google Docs to Twitter and Yammer. Meg Kribble,research librarian and outreachcoordinator, agreed with Peifer to updateand adapt the highly successful Web 2.0online tutorial that she has led severaltimes for the AALL Computing ServicesSpecial Interest Section. Kribble says,“The class was offered partly because we already had a lot of these tools here(HLSL blog, an in-house wiki, etc.), but not everyone was comfortable usingthem.”

The class used a private WordPresssite so people could experiment andreport their findings without feeling likethe whole world was watching. Twenty-five staff took part. Best of all, everythingwas made available online, and anyonecan go back and look at it or take thecourse independently at their own pace.

This “independent pace” featurereally helped Anne-Marie Taylor,circulation and student services assistant.With all the information about socialnetworking out there, Taylor thoughtthis particular YOLO training wasextremely valuable. “I’m really finding it useful as a starting place for me totackle the amount of technology outthere that has been really overwhelmingand intimidating,” she says.

Taylor worked with Tumblr, LinkedIn, Facebook, Twitter, and Tweetdeckand learned about the top librarytechnology blogs. “This is a course I canstart again on my own, giving me a placeto start my path to learning all the stuff Idon’t know about Web 2.0,” she adds.

The budget for programs like thiscan be quite small. In this case, HLSL2.0 did have a pizza party kick-off andoffered a grand prize raffle at the end.The raffle was for those individuals whocompleted the course, and the grandprize was a Kindle.

The other program that was done ona zero budget was my very own YOLOcontribution. I formed a new in-houselegal research training program. Ithought of this class as serving a “new”patron base that has been overlooked

in the past—our very own staff. We have a variety of professionals andparaprofessionals who we believed couldbenefit from some of the same basic toadvanced legal research instruction ourstudents receive.

My YOLO “internal patron” idea waswell received, and the first class was madeup of the faculty research, documentdelivery, and interlibrary loan teams. We had lectures each week, followed byassignments adapted from my advancedlegal research and international andforeign legal research classes. The staffcompleted 12 weeks of classes, and theresults were immediate. Now all membersfrom those departments have beeninvited to sit on the reference desk for a few hours each week. They serve asreference assistants to the researchdepartment and answer questions fromthe students, faculty, and staff.

What We LearnedIn this situation, the massivereorganization of the law library’sstructure almost required a program like YOLO. The reorganization wasparticularly marked by an acceleratedrate of change, requiring more education,participation, and skills training.However, not every library is required to have a reorganization to start up aYOLO program.

YOLO can help a library create itsown in-house “syllabus,” comprising anumber of learning organization goals—skills mastery, management strategy, and creating and contributing to anorganizational memory. All of these goals need to be balanced by anenvironment that fosters trust andcooperative relationships.

Having a YOLO program in a libraryencourages people to make use oftraining opportunities. HLSL learnedthat it’s not enough to just vaguelyinform staff that your organizationsupports training and learningopportunities; you have to encouragethem to take the time to learn. This isled from the top of the organizationdown. Management needs to supplyleadership support and behavior thatprovides reinforcement.

Given that our staff-run courses andconferences were so well received, welearned that we can do a lot more in theway of peer-to-peer teaching/learning.The conclusion is that the learning and the work are largely synonymous.

Any library of any size can benefitfrom a YOLO program. Each and every staff member has something tocontribute or some skill or knowledge toshare. By harnessing the expertise of thestaff, you can create your own learningorganization and utilize the benefits for

(continued on page 29)

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When the University ofRichmond (UR) was ready toreplace computers in the law

school, Macs were an option. This wasenticing, but OCLC and the integratedlibrary system (ILS) Voyager areWindows-based.

Advised that support for Macs wouldbe minimal, I emailed librarians andasked whether Macs were viable forcataloging. I received many pro-Macresponses noting the availability ofsoftware that allows a Mac to runWindows. Subsequently, I agreed to use a PC and not a Mac.

My concern was the minimalsupport I mentioned above. It couldeasily hamper productivity. Still, themany pro-Mac responses inspired me topursue first-hand research. I would liketo prepare a future for Mac in catalogingwhen computers are next replaced.

The Experiment Begins with Some ChallengesOur information services folks believedthat a MacPro laptop would be robustenough for my research, and they lentme a Mac for two weeks. They did notrealize, nor did I, the learning curve I was about to undergo. Informationservices loaded VMware Fusion, theemulation software that UR uses.

I experienced connectivity challenges,password obstacles, and software loadingproblems. However, I do not lay all these difficulties at the door of Applecomputers. OCLC did not want to load,and I analyzed the problem incorrectly.Fortunately the technical wizard made ithappen.

Apparently it is better to check thebox beside “for everyone” when loadingsoftware than to check the box beside“just for me.” I do not fully understandwhy this made the software load work,but this is not a major point. What Idescribe are skill-set difficulties. Maybe I would have had less trouble with set-upif I had asked for help earlier and tried to be less do-it-yourself.

File CompatibilityThere was a significant problem with the Voyager.ini file. When I looked at it,it looked garbled. I assumed it was acompatibility problem with the Mac. It was not.

The Voyager.ini file needed tooverlay the Voyager.ini file once Voyagerwas loaded. I did not fully understand

the instructions and actually typed thefile myself to correct it. An importantpoint to remember: When having troublewith a process, go back to the instructionsoriginally given. This may seemintuitively obvious, but in the throes offrustration, it can be easy to forget.

Another point to remember: “Do notassume” can be a very good operatingprinciple. I assumed I understood theVoyager.ini file. It is clear thatI did not fully understandwhat to do. In mydefense, I had tried to clarify what to dowith the ini file andexperienced a bit ofcommunicationconfusion.

Once I edited theVoyager.ini file, I thoughtI still had problemsconnecting to the server.Magically, the Voyager shortcut appearedwhen I clicked on “Start” shortly afterediting the ini file. Even more magically,the shortcut worked. And I worked onVoyager for the rest of the day.

The next day I decided to do adifferent task in Voyager, but I could notget access. However, it was fortuitousthat Voyager did not work at this pointbecause I had been accessing the testserver, not the real catalog. I would havedone my work in the wrong database if I had gotten access. Important point:Know what database you will be using if you try a similar experiment.

Mac QuirksThe Mac worked less efficiently and wasslower than my PC. Another catalogerdropped interest in a Mac when shelearned she would have to use emulationsoftware. She had removed the emulationsoftware from her Mac at home becauseshe could not tolerate the slowerprocessing. She is younger than I, whichmay account for her patience beingshorter than mine. The age of catalogersmight be a topic for further research, but that is not the focus of this article.

Editing in the Windows part of theMac was quirky. The text would movearound in unexpected ways; for example,it would jump back into a previous partof a line. I know that I sometimes hit the delete key when I need to hit thefunction key plus the delete key, but I don’t believe that explains all of thejumping text. Sometimes I had to repeat

my keystrokes several times before theywere successful in other situations, suchas trying to access a drop-down menu.

The Final VerdictWhy did I want to set up a future forMacs in cataloging? Since I got my newPC, I have had two computers of thebrand I use. I hated both of them, but I will not mention the brand name. My current office computer is

acceptable to me at the moment. So, my bad experiences were

part of my motivation for thisresearch.

Hope for a better futurewas additional motivation.Macs have a reputation forbeing better machines requiring

less maintenance and repair.However, I surfed extensively to

find definitive, objective data statingunequivocally that Macs are better. I did not find what I sought.

I found testimonials by Mac-loversand Mac-haters. I found statements thatsaid Macs were getting their hardwareparts from the same places as PCmanufacturers. More than one site statedthat the preference for a Mac or PC is apersonal thing. I avoided Apple sites andPC sites; I sought objectivity. Probablythe best web resource retrieved in mysurfing research was a Popular MechanicsDecember 18, 2009, article, “Mac vs.PC: The Ultimate Lab Test for NewDesktops & Laptops” (www.popularmechanics.com/technology/gadgets/tests/4258725). It summarizes what I foundin a well-written article.

So, what does my article tell thereader to do? It is not prescriptive; itsimply reports the experience of acataloger who wanted to catalog on aMac first-hand. Quite frankly, I enjoyedthe research, despite the frustrations.

I would like to think that emulationsoftware can improve, just as computershave become more powerfully versatile.Macs may not be as magical as some ofus believe them to be, but I believe theircompetition keeps the technical worldmore honest and more focused onexcellence. And I hope my research willenable me to do cataloging volunteerwork on my Mac at home. ■

Sally Wambold ([email protected]) is technical serviceslibrarian at the University of RichmondLaw Library in Richmond, Virginia.

Macs-imizing CatalogingA two-week experiment cataloging on a Mac instead of a PC

By Sally Wambold

© 2011 Sally Wambold • image © iStockphoto.com/Tuomas Kajansuh

AALLDec2011:1 11/15/11 2:05 PM Page 23


Law firm libraries are becoming a compactand complex blend of print and online

By Lucy Rieger

Gone. Dispersed. Halved. Relocated to hallways. Hidden.

The NEW Normal Library Space

Libraries used to be the first thing you saw as you

entered a law firm. Glass walls exposed stacks of

proudly visible books. Today architects are re-drawing

the physical space of private law libraries. What does this new

space look like? It is smaller and less elegant, no longer a

showcase for law represented as a solid visible collection of

precedents bound into volumes.

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©2011 Lucy Rieger • background image © iStockphoto.com/Roman Sakhno

The new library, as some claim, will be virtual, withoutwalls. Is this really possible for the law firm library? Yes, it is possible to get rid of the walls—just put thelibrary in the hall! Eliminating the library as a place is abig step toward the future. As evidenced in New Jerseyfirm renovations, a new hybrid law library has emerged.

At one of the biggest law firms in New Jersey, thespectacular two-story library had beautiful windows,wonderful views of the city, and was the venue for firmparties. After renovation, the still substantial collection was moved to the windowless interior of the firm ontocompact moveable shelving. No more wonderful light and no more parties in the library.

The private law firm library is losing prestige. Firmsundergoing renovations significantly reduce or eliminatethe physical space of the library. This trend crosses over to libraries of all sizes, from the smallest to the biggest.After a merger, a big New Jersey law firm collection wascompletely eliminated, along with the library director andstaff. More than 120 attorneys remained at the firm, butthe new high-tech location has no library. Librarians fromthe head office in Connecticut support it remotely.

Reducing Space is the Right PathRenovation has brought reduction. But reducing ourlibrary space, in most instances, is the right path to takebecause it makes sense. In the past as we built ourcollections, federal case reporters overtook our stacks,requiring constant shifting and expansion. We threw awayolder books (for which we paid good money) to fit newerones on the shelves. With no end in sight, we had to makea change. The ever-escalating cost of new reporters fromWest irked us and even motivated us to put a stop to theburgeoning burdensome bound volumes causing many ofour growth issues. The tight economy saw the eliminationof many reporters and of second copies of important setsincluding statutes, digests, and home state reporters.

As it became easier and more economical to retrievecases from Lexis and Westlaw, the law-lib discussion listbecame peppered with offers “for cost of postage” forregional reporters, Federal Supplements, and FederalReporters, followed shortly by American Law Reports(ALRs). Obtaining cases and other material by citation is faster and cheaper using Westlaw Find & Print or Lexis Get a Case features. With these handy tools, everyattorney—with minimal instruction and an icon on thedesktop—can get a case without assistance. Online casesfreed our libraries from endless expansion. Librarians canfind and deliver a case to an attorney in less than a minute.Good bye, Federal Reporters. Good bye, ALRs. Hello, floorspace.

For libraries with Federal Reporters, regional reporters,and ALRs, the impact of removing them from thecollection was tremendous. Up to half the library floor

area could be returned to the firm. The space savings werereadily apparent—rows of empty shelves make a powerfulstatement. Could this massive purging of cases andconsequent space savings be the cause of the commonbelief that “everything is online”? After continually begging administrators and library partners for more space,suddenly we have significant room to give back becausethis material is online. And we are saving money. Did theexpectation become that the rest of the collection would followsuit?

The phrases I fear most from administrators andarchitects are the definitive “everything is online” and“nobody uses the library.” How would they know? Ask alibrarian, and she will tell you everything is not online.And if it is online in a contract now, it may not be thereby the next negotiation. Or, we cannot access some thingsthat are online. Or, it is more expensive to have sourceselectronically. Or, another format—such as a book for atreatise or a statute or a BNA portfolio—is much easierand better to use because of the structure it gives to thesubject. Cases were sensible to give up. The rest of thecollection takes analysis and thought because all things,even those online, are not equal.

It is vital to know the users. Should attorneys whoprefer a print statute be forced online? Can we coercethem? Can librarians strong-arm lawyers? Will ourattorneys get a better result searching online? Training forusing online sources is a tedious endeavor, yet constanttraining is needed to keep up with new research techniquesand changing content. Attorneys have precious little timeand are reluctant to give it up for training.

Today in most private law libraries there is no need tocollect rows and rows of books. The largest portion, caselaw, is online, where we hope it will stay, unchanged and

Coughlin Duffy’s library in Morristown, New Jersey, was builtseven years ago. It has open space and enough bookcases forthe New Jersey collection and select treatises. If it was builttoday, would it still be at the entrance to the firm?

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accessible. Libraries are keeping the basics—statutes,regulations, and home state case reporters—along withspecial practice area treatises. Depending on firm size,the collection can still be substantial. What remains of the collection is in a smaller library, if there is one, or in attorney offices, hallways, file rooms, compactshelving, or wherever it can be stashed.

Case Study: New Jersey Firm RenovationFor a recent office renovation at Brach Eichler, LLC, a 60-attorney Roseland, New Jersey, firm, theadministrator asked me how much space was needed for the collection. The firm had a legacy library thatincluded duplicate copies of New Jersey cases andstatutes. About half the collection was not current. In2009 the collection had been downsized and thoroughlyreviewed for usage and cost, and only pertinentsubscriptions were continued. It was crystal clear howmuch space was needed in the new library.

The architectural plans were drawn for a smallerlibrary, which went from a glass-walled space, open tothe atrium, where it was seen by all who entered, to aninterior room one-third the size of the old library. Asplanned by the architects, the current collection wouldnot fit. State case reporters had to be sacrificed. NewJersey cases do not take up that much space—about 130linear feet—but in this instance, New Jersey Reports andNew Jersey Superior Court Reports and older New Jerseycases would have taken one-third of the new, muchtighter, library space.

We put Find & Print on everyone’s desktop andmade all research done this way non-billable—a clientmatter number was not required. We offered specialtraining and anticipated heavy retrieval of New Jerseycases online because of the disruption of the move, the

dismantled library, and the relocation of attorneys toanother floor.

The library layout and shelving plan was notfinalized until the room was built, and I did not knowfor months exactly how many linear feet I would have in the end. I asked for floor-to-ceiling shelving, hopingto get every possible inch. I sold books to a used bookdealer who took several sets of treatises. I offered the reston law-lib for cost of postage, with only one non-profitlibrary that took the Restatements. The hardest part ofweeding the collection was withdrawing the duplicateNew Jersey Reports and New Jersey Superior Court Reports.This second set of books was painful to part with. I repeated, “I am the librarian from hell!” as each booklanded in the recycling bin.

With so many law books flooding the donationmarket, it is nearly impossible to give them away. The cost of packing and coordinating with themailroom to ship them far exceeds the cost of discardingthem. Giving away books is indeed a good deed.

After scaling down the Brach Eichler collection toonly active subscriptions and removing duplicate copies,the collection was moved to new temporary space oncarts where it remained accessible until the new librarywas built. As part of the project, I weeded the separateTax Library and managed to eke out enough space toretain our one entire set of New Jersey cases. I discardedU.S. Tax Cases, Tax Court Memo Decisions, InternalRevenue Bulletins, and some outdated treatises. The tax material is all included in a subscription to RIACheckpoint, and the users are fairly comfortable withonline access, having used it since 2009.

The Almost-finished ProductThe new finished library is small but smart-looking. The architect added a really neat light fixture over around table and used the firm’s old entrance doors. The library has character.

I moved the collection back into the new libraryonto brand new shelves. The collection consists of New Jersey Statutes, New Jersey Digests, New JerseyAdministrative Code, New Jersey Practice, and other New Jersey treatises. It also includes United States CodeAnnotated, Federal Practice Digest 4th, Moore’s FederalPractice, various litigation treatises, McKinney’sConsolidated Laws of New York, and assorted practicearea treatises for health law, insurance, real estate, trustsand estates, corporate, and other areas. There is a littleroom to grow.

The library looked great. But partner after partnerand lawyer after lawyer asked me “where are the NewJersey cases?” I said they would be in the “annex” on the opposite side of the office. Within a week I had ameeting with the library partner, and it was mandatedthat the New Jersey cases be moved back into thelibrary. I did some measuring and planning. I removedall practice area treatises from the new library and willmove them into the renamed Practice Area Library. TheNew Jersey cases are back home where they belong.

The renovation is complete, and it remains to be seenhow the practice areas will react to having their treatisesin the annex. The moral of the move story is that usersmatter, and in the end theirs will be the final word. I amokay with that and happy with the outcome—it suits

The newly renovated Brach Eichler library in Roseland,New Jersey, has the old firm doors and a cool lightfixture that give it character. The New Jersey reportersare back home.

AALLDec2011:1 11/15/11 3:42 PM Page 26

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everyone’s needs. The library looks really cool, is not toobig for the future, and serves the present.

In a Roseland firm next door, the library wasentirely dismantled. New Jersey cases are in variousconference rooms. Everything else is in hallways. It looksgood, but it is difficult to use and maintain. There is no place to put a book or do research—attorneys take statutes and treatises to their offices. Updating tax services and other looseleafs is very difficult. All the books are put on a book cart and taken to themailroom, conference room, or kitchen where they areupdated by the filer. It takes twice as long to update.

The new conference rooms that replaced the libraryare gorgeous. But were they a good trade for the library?Only the users can answer that question with the qualityof their end product. If a firm does work in areas thatare not heavily regulated, they seem to require less spacefor print collections. Highly regulated areas of law, suchas tax, banking, health, environmental, and securities, allrequire more regulatory material and more treatises. Thistype of material is still easier and preferable for attorneysto use in print. Large treatises, especially looseleafs, maybe too cumbersome to use online, may not be online, or may be more expensive online. The greatest barrier to doing online research, for a significant number ofattorneys, is having to bill a client. For many, putting in a client matter number is a huge deterrent andcontinues to be a major stumbling block for doingonline legal research.

The New RealityAs collections move online, portions of the law library

become invisible. The virtual library is a complex reality.The May 2011 architectural issue of Spectrum featuredbeautiful law firm and law school libraries with moreopen public space. In firms with librarians, the library isundergoing a physical transformation to accommodateinteraction. As print libraries disappear, law librariansbecome more vital and visible.

The concept of the library as a thinking, reading, orwriting room is gone. The concept of the law library as aplace for books is considered passé. Instead, the librarymust become a service, and law firms with librarians aresuccessfully managing this change. For smaller firmswithout librarians, the drastic change that comes withrenovation has a greater impact. As the contents of lawlibraries shift online, space savings are realized, butquality of research and costs of skillfully accessing onlinesources are still undetermined.

Balancing users’ needs, abilities, and preferencescomes with balancing the collection. Clearly lessphysical space is needed for case law and duplicate sets,making for smaller law libraries. The new concept of the modern private law library is windowless, smaller,tucked away inside the firm, or in the hallway,completely without walls. The grab-and-go library stillholds a core collection greatly valued by the users whoneed no interface to do research. Our law firm librariesare becoming a compact and complex blend of printand online. ■

Lucy Rieger ([email protected]) is president ofLibrary Update Inc. in Hasbrouck Heights, New Jersey.

The library at Waters, McPherson, McNeill, in Secaucus, New Jersey, is half the size it was last year. It isstill in the same spot, but the American Law Reports are gone and a conference table replaces bookcases.Built-in sliding doors can be shut so the New Jersey collection is always accessible in the adjacent section.


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Skyriver or OCLC? A Cataloger’s ChoiceBy Judy C. Janeshttp://tinyurl.com/6w378mz

Skyriver, a new cataloging service, is sparking interest among librarians. Supplying full MARCcataloging records for importing and exporting, it offers an alternative to the OCLC pricingmodel. This article compares and contrasts the functionality of each system with regard to easeof use, hit-rates, relative costs, integration with existing ILS, training, etc.

The Leiter Perspective: Tech Services in the Digital WorldBy Richard A. Leiterhttp://tinyurl.com/6trpr86

Technical services departments, the cortex of library operations, do all the important stuff thatkeeps libraries healthy, growing, and alive. Administrative and public services, by contrast,make the library look and play nice. But who’s important in the digital world?

memorialsAALL Spectrum has been advised ofthe death of Catherine E. Mealey.

Ms. Mealey was born April 4, 1928,in Ames, Iowa. She last held theposition of law librarian at theUniversity of Wyoming Law Library.She died on February 11, 2011, at the age of 82.

AALL Spectrum carries briefannouncements of members’ deaths in the “Memorials” column.Traditional memorials should besubmitted to Janet Sinder, LawLibrary Journal, University ofMaryland at Baltimore, ThurgoodMarshall Law Library, 501 W. FayetteSt., Baltimore, MD 21201-1768;[email protected].

Q:I’m a part-time reference librarianand am working in a smallacademic law library. I’ve just

earned my MLIS and feel lucky to have ajob. I work with two other referencelibrarians, and we are all fairly newto libraries. I like my colleagues.Even more, I love my job and thevariety of people I meet.

Due to licensing requirements, ourlibrary has placed some restrictionson who can access specific resources.Recently, I was trying to explain to one of our patrons why he couldn’t use aparticular service and was about to suggestan alternative approach. One of mycolleagues, who had overheard theexchange, came over, took charge of thepatron, set him up at a computer terminaland began to help him access the servicehe requested. I was embarrassed andquietly withdrew to the reference deskwhere I checked the reference manual tomake sure that I had understood the policy.

I found the policy, and it appeared that myinterpretation was correct, but I decided not to make a bigger issue out of all this.By the way, we’re searching for, but don’t currently have, a head of referencelibrarian. So we three don’t really have asupervisor at the moment. What should Ido? I’d like to avoid the chance that I’ll beembarrassed and look stupid in the future.

A:I empathize, but some of us learnafter we’ve been embarrassed andlooked stupid. Seriously, I see three

obstacles, but they’re not insurmountable:(1) you’re part-time, (2) you don’t feel as ifyou have a supervisor, and (3) there seems

to be a difference in styles between youand your co-worker.

Part-timers are often, despite bestintentions, left out of the loop when it

comes to communication. Manychanges in policies are conveyed

informally and often only orally.You said that you had checkedthe reference manual for the policy and found that it

supported your understanding.When was the last time the manual

was updated? If it’s been a while, whynot volunteer to take on the updating as aspecial project?

It may also be that there was some specialunderstanding that permitted your patronto have access to the usually restrictedresources. For example, was he adjunctfaculty? Was he informally “grandfathered”due to past practices? Do you know whoyou might ask for the answer?

You said that you don’t have a head ofreference, but there must be someone in a leadership role. You may be reluctant to“rat out” your co-worker, but you and your colleagues need to be consistent inapplying policies. Start by asking both ofyour reference colleagues what the policyis, and if you three don’t arrive at the sameconclusion, ask the same question of theperson who is managing the library.

Finally, you and your colleagues need tolearn how to work together. If you’re allfairly new to the profession, you’ll belearning together and making mistakestogether. Did you ever explain how you felt when your co-worker took charge ofyour reference interview? You could, forexample, say, “When you did/said ____,

the reference desk By Susan Catterall

Are you in a sticky situation with acolleague? Looking for ways to discussadvancement with your supervisor?Send your questions to columnistSusan Catterall at [email protected].


I felt ____.” This tactic permits you toavoid accusations and at the same timeinitiate a conversation regarding how you’dprefer to be approached when you’re in themidst of a reference interview.

Best of luck.

AALLDec2011:1 11/15/11 2:05 PM Page 28

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announcements

Have you been thinking of writing anarticle of interest to law librarians? The AALL/LexisNexis Call for PapersCommittee has just the incentive to getyou started. The committee is solicitingarticles in four categories:

Open Division: for active and retiredAALL members and law librarians with five or more years of professionalexperience.

New Member Division: for recentgraduates and AALL members who havebeen in the profession for less than fiveyears.

Short Form Division: for all AALLmembers; articles in this category willbe shorter than a traditional scholarlyarticle and appropriate for publication in AALL Spectrum, a bar journal, or a chapter or special interest sectionnewsletter.

Student Division: for students inlibrary, information management, or lawschool. Participants in this division neednot be members of AALL. To submit inthis category, you must have beenenrolled in law school or in a libraryschool, information management, or anequivalent program either in the fall2011 or spring 2012 semester.

Submissions in the Open, NewMember, and Short Form Divisionsmust be submitted by March 1,2012. Articles in the StudentDivision must be submitted by May 15, 2012.

The winners in the Open, New Member,and Student Divisions will receive $650and the Short Form Division winner willreceive $300, generously donated byLexisNexis, plus the opportunity topresent their winning papers at aprogram during the 2012 AALL Annual

Meeting in Boston. Winning papers inthe Open, New Member, and StudentDivisions are also considered forpublication in Law Library Journal.

For more information, a list of previouswinners, an application, and instructionson how to submit your article, pleasevisit www.aallnet.org/main-menu/Member-Resources/AALLawards/award-call-for-papers.html. Winning papersfrom earlier competitions can beaccessed at http://works.bepress.com/aallcallforpapers.

If you have any questions, pleasecontact a member of the AALL/LexisNexis Call for Papers Committee:Chair Jennifer Lentz ([email protected]), Vice Chair Mark Podvia([email protected]), Benjamin Keele([email protected]), James Kelly([email protected]), or ShawnNevers ([email protected]).

The Call for Papers Has Begun


announcements

Every year AALL awards thousands of dollars in scholarshipsto law school and library school students and AALL members.The following scholarships are awarded annually:• Library School Scholarships (for those with and without

JDs)• Law School Scholarships (for those with MLS/MLIS

and those seeking dual JD/MLIS)• Scholarships for Library School Graduates Seeking

a Non-Law Degree• Scholarships for Continuing Education Courses• LexisNexis John R. Johnson Memorial Scholarship

• AALL and West George A. Strait Minority Scholarship• Marcia J. Koslov Scholarship.The application deadline is April 1. Visit AALLNET for complete information, instructions, and applications at www.aallnet.org/main-menu/Member-Resources/scholarships. Spread the word to anyone who might beeligible. For further information, contact AALL ScholarshipsCommittee Chair Sarah K. Wiant at 540/458-8543 [email protected] or AALL Headquarters at 312/205-8022 or [email protected].

Financial Assistance for Your EducationApply for an AALL scholarship

cross-departmental training, teambuilding, and action learning.

COLO: The Continuing LearningOrganization?“We considered naming the next yearCOLO,” says Peifer, “but we realizedsomething during the review of all theprograms: We had achieved our goal in becoming an organization that wasmaintaining an ongoing commitment to being a learning organization.”

Libraries can simply measure the

success of their YOLO program by thedemand for more programs. Peachy’sLATCamp II is slated to be even biggerthis coming spring. Kribble will offer anupdated HLSL 2.1 social networkingclass. And the law library will continueto send interested staff to the Center forWorkplace Development.

I have been asked to repeat the in-house legal research course with anupdate for all interested employees in thelibrary, from technical services staff tostudent workers. They will benefit fromseeing, understanding, and working with

the law books, journals, and databasesthat they interact with every day.

We are still learning and willcontinue to do so as long as we maintain our commitment to law library-wideprograms designed to be cost-efficientand draw on the skills, resources, andexpertise of the staff. ■

Kyle K. Courtney ([email protected]) is the manager ofresource sharing and faculty research at Harvard Law School Library inCambridge, Massachusetts.

YOLO continued from page 22

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What are three items on your “bucket list”?

member to member

1. To mentor at least one individual whoshares some of my beliefs and passionsand provide that individual with every toolthat I can so that my mission may continue.

2. To travel and makemy presence known,not as a casualtourist, but as agenuine partner in the human endeavorthat leaves wherever I go at least one thingbetter than how Ifound it.

3. To spend the time that I can making surethat my family and friends really get toknow me and that we build little momentsfor them to hold as treasured memoriesonce I am gone.

Ulysses Jaen, supervisor of accessservices at West Virginia UniversityCollege of Law George R. Farmer Jr.Law Library in Morgantown

After being a mostly-stay-at-home mom forover a year, I’ve returned to full-time work(as an academiclaw librarian afteryears of being alaw firm librarian).The top threeitems on myprofessionalbucket list are:

1. Solo teach asemester-longcourse of my owncreation.

2. Re-engage in AALL and my localassociation (go NOCALL!).

3. Adjust to the pace of academia whereideas seem to triumph over speed.

Jennifer (Marshall) Pesetsky,reference and electronic serviceslibrarian at Golden Gate UniversitySchool of Law Library in SanFrancisco

1. Watch a World Series game inMilwaukee, Wisconsin. Maybe this year, if I’m not too cheap to pay for scalpedtickets. (Go Brewers!)

2. Have the great American “something”published. Since “Fritschel jokes” arebanned in two branches of the military, it probably will not be a joke book. Thatleaves either a book with cats as the maincharacters or a science fiction novel. (Thismight not be mutually exclusive.)

3. Retire. I’verecently addedthis to mybucket list sinceit no longerseems to be a sure thing.(Being laid offdoes not count.)

Barbara L.Fritschel,librarian at the U.S. Courts Library in Milwaukee

1. Finally make it on Jeopardy (I’mcurrently in the contestant pool).

2. Do a stand-uproutine once (I just need tofind the nervesomewhere).

3. Hear a song I wrote on theradio (I haveentered a songcontest recently,so keeping myfingers crossed).

Okay, I’d actually settle for just one ofthese. I say if you’re going to dream,dream big!!

Stacy Fowler, technical serviceslibrarian at St. Mary’s University Law Library in San Antonio

1. Be on the flight deck of an aircraft carrierwhen the jets are landing and taking off.

2. Be in a passenger position on a bobsledrun.

3. Be a passenger on an ice sailboat duringa race.

Gail S. Munden, administrator of legalinformation services at Quarles &Brady LLP in Chicago

To be fully alive, I strive to live each day ascompletely as possible without the idea of“postponing” my life adventures to thefuture.

Nevertheless, Irealistically have towait until official“retirement” to be able to spendlarge chunks of time doingvolunteer work(seva practice),yoga, meditation,learning to groworganic food, etc.,with like-minded participants while living incommunity. Saving the planet, working forpeace, and assisting others begins withinand is my highest aspiration. I want to lookback and say I’ve met interesting people,learned a few things, and helped others.

Mary Ann Keeling, law librarian at theU.S. Customs and Border ProtectionInformation Resources Center inWashington, D.C.

Barbara L. Fritschel

Stacy FowlerJennifer Pesetsky

Ulysses Jaen


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AALLDec2011:1 11/16/11 12:48 PM Page 30

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v iews Share Your Views with SpectrumMany law libraries have interesting or dramaticviews of cityscapes, mountain ranges, orbeautiful vistas. Others boast amazing interiors,sparkling facades, or artful landscaping. Whatviews of your library are meaningful to you?Whether it’s the atmosphere surrounding yourreference desk or a moment captured on yourmorning commute, this is your chance to share it with AALL.

In order to be publishable, pictures must be ofrelatively high quality. While we can work with a print, digital submissions are better. Digitalsubmissions must be high-resolution (300 dpi).

Depending on the number of submissionsreceived, we will publish one or two photos in each issue of Spectrum and post them on AALLNET. Photos will be published on a first-come, first-served basis. Publication of asubmitted photo is not guaranteed. To submit aphoto, or if you have questions, please contactAALL Marketing and Communications ManagerAshley St. John at [email protected].

View of St. Ignatius Church reflected in the first floor windows ofthe Dorraine Zief Law Library at the University of San FranciscoSchool of Law. The law library building recently celebrated its10th anniversary in this facility. Photo by John Shafer, computerservices/reference librarian.

View from Boyd Law Building of the Old Capitol Building’sgolden dome on the University of Iowa campus. Photo byTed Potter, head of public services.

background image © iStockphoto.com

f rom you


AALLDec2011:1 11/15/11 2:05 PM Page 32

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International Law Reports Edited by Elihu Lauterpacht, Christopher J. Greenwood

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An essential holding for every library, these reports offer access to the whole range of international case law in one publication, in a manner which is both efficient and economical.

Volume 139$250.00: Hb: 978-0-521-11417-2: 766 pp.

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Members’ Briefing

On May 2, 2011, a new chapter in AALL member communication wascreated with the launch of a redesignedAALLNET, AALL’s website (www.aallnet.org). Intended to be moreintuitive and user-friendly, the newAALLNET offers easier-to-usenavigation, attractive graphics, enhancedsocial media opportunities, a more robustsearch capability, and a streamlined,modern “look and feel” that brandsAALL as a leader among memberassociations.

BackgroundOriginally established in 1993 as a telnet-accessible bulletin board,LAWNET (as it was then known) wasdesigned to “meet the information needsof AALL members” by offering access tovarious member resources, including thePlacement Database index and Gov-Line(the Government Relations Committeehotline). LAWNET was a joint project of AALL and Washburn School of Lawand was coordinated by members JohnChristensen and Mark Folmsbee.

Due to “usage patterns and lack oftrademark registration continuity,” the AALL Executive Board approvedchanging the name to AALLNET(pronounced “all-net”) in April 1994.AALLNET rapidly expanded during thenext 15 years, with much of the contentbeing added by AALL Headquarters staffand entity leadership, creating both acurrent member resource and a virtualtreasure trove of historic Associationdocument webpages.

Although AALL instituted a number of measures during the years to manage the growing amount ofinformation (the Executive Board firstpassed an AALLNET Guidelines policyin July 1996; the AALLNET AdvisoryCommittee was created in 2000 and first chaired by Hazel Johnson; and theposition of AALLNET Coordinator was

approved by the board in 2005 and filledfor three years by Raquel Ortiz), it soonbecame clear that AALLNET had becomesomewhat unwieldy, with non-intuitivenavigation links, duplicative informationpages, a confusing search mechanism,and a dated front page.

In 2008 I began to think about whatinitiatives I’d like to pursue during myAALL presidential year. Coincidentally,Kate Hagan, AALL’s newly hiredexecutive director, had also begunreviewing AALLNET and hadindependently determined that thewebsite was ripe for a major upgrade. It became clear that redesigningAALLNET was a necessary, albeitexpensive, endeavor.

With board approval and the requisitefinancial commitment, I appointed aspecial committee, chaired by KathieSullivan and composed of membersDarin Fox, Ken Hirsh, June Liebert, andKate Hagan, to coordinate the effort. The committee was assisted by theAALLNET Advisory Committee (chairedin subsequent years by Tory Trotta, Bess Reynolds, and Jennifer Stephens),AALL Director of InformationTechnology Christopher Siwa, and the entire AALL Headquarters staff.

The redesign project took nearly threeyears to accomplish, as extensive membersurveying and research were done todetermine which features and contentfunctionality were most wanted, andmuch testing was done both while thesite was being redesigned and before thenew AALLNET was unveiled. For moreinformation about the project’s process,see Siwa’s “AALLNET Redesign Project”on page 3.

New FeaturesThe new AALLNET includes a number ofexciting features that provide a dynamicexperience for the viewer. The mostobvious change is a more streamlined

AALLNET 2.0

Did You Know … AALLNET Has a Great NewDesign and Endless Content?By James E. Duggan

A desire of mine as president ofAALL is for the leadership toprovide members with more andbetter communication regarding notonly newsy items—which I believeare taken care of pretty well withthe AALL E-newsletter—but alsoregarding other less dramatic butnonetheless important AALLprograms, events, etc. Thus, thisyear’s series of three Members’Briefings will share with you someimportant information aboutAALL—some new, some not sonew—regarding current AALLprograms or initiatives. I am titlingthis series, “Did You Know …”

The first such Members’ Briefingdescribes the new AALLNET. We all know about AALLNET. And we all probably know thatAALLNET is on a new platform.But do we all know about howAALLNET got started or how the new platform came about? To answer those questions andmany more, I have asked PastPresident James Duggan and AALLDirector of Information TechnologyChristopher Siwa to provide uswith some history as well as adetailed description of the newAALLNET and its new functionality.

It was under Duggan’s leadershipthat the decision was made toupgrade AALLNET. He appointed a special committee to oversee theupgrade, which was carried out at AALL by Siwa. I would like tothank both James and Chris for alltheir leadership and hard work onthis very large and lengthy project.

Darcy KirkAALL President, 2011-2012

American Association of Law Libraries AALL Spectrum December 2011

What’s New and What’s Not?

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American Association of Law Libraries AALL Spectrum Members’ Briefing December 20112

front page with the header including alighter, more modern color palette andupdated logo and font. The seven mainnavigation buttons have been streamlinedfrom the 20 navigation buttons thatpopulated the old AALLNET. Buttonssuch as “Member Resources,” “Careers,”“Leadership & Governance,” etc., aremuch more intuitive for new membersand public viewers, who now do nothave to know what special interestsections are or that information on grantsand scholarships was formerly foundunder committee pages.

A new “flash” box offers the opportunityto highlight educational programs,unique services, and the popular library“view of the month” with full colorphotos. A series of fixed boxes provideconstantly-updated content in threeprime areas of interest: news, events,and jobs. The latter box connects to theextremely useful AALL Career Center,which was updated in advance of thenew AALLNET.

Additional shortcuts allow users to getinvolved with AALL and its memberentities, join community discussions,advocate for information access, and findresources for types of libraries (academic,private, court, etc.). A further boxhighlights member profiles (completewith a short interview and photo ofselected members). Finally, highlightsfrom AALL’s Twitter feed are scrolled onthe lower right-hand corner of the page.

Enhanced Search CapabilitiesDuring the investigation phase ofreviewing the old AALLNET, manymembers mentioned the poor searchfunction and lack of organized searchresults. The new search capabilities have been greatly improved with theaddition of both basic and advancedfunctions. Both search results aredisplayed with categorizations forformat (i.e., PDF or HTML) or keywords(which help to further narrow the searchresults by subject).

The advanced search function allowsyou to search within certain definedfields (title, content, etc.) and alsoprovides an option to search thearchived content (material no longer in the active website but available forhistorical research purposes). This latterfeature is especially useful for long-timeAALL members looking for content theymay have provided in years past. Bothsearch results pages feature a linkableword cloud of the top 50 searches thatoffer additional search suggestions.

Content Management SystemThe new content management system(CMS) easily allows staff and AALLentity webmasters to create and add content to AALLNET withoutduplicating effort. The simple contentscreens allow instant editing and make it easy to assign keywords for indexing.An archiving option is also availablewhen the page is no longer deemedcurrent or is replaced by newer content.

The CMS also protects the branding ofAALLNET by prescribing appropriatewebpage formats for the types ofinformation being provided. As a result,the overall webpage organization andgrouping is enhanced.

My CommunitiesOne of the most exciting new features of the redesigned AALLNET is the “My Communities” section, which wasdesigned to offer the latest social mediaactivities to AALL members. Here youcan create and post to a blog; followdiscussions on professional topics;connect with fellow members, networks,or groups through the member/community directories; and read thelatest news and announcements.

To get started, simply create a profile inthe “My Communities” section and addany biographical and professionalinformation you wish. Remember toupload a photo so that contacts can

make a more personal connection andassociate your name with your face.

You can also link your profile to existingsocial media accounts on LinkedIn,Facebook, and other outlets, as well asconnect to your blogs on other hostingwebsites.

The Discussions section of “MyCommunities” allows you to post andfollow discussion among various AALLgroups and entities for which you aresubscribed. These have taken the place of the former entity discussion lists andoffer a number of options for receivingpostings either through email, as a dailydigest, or online via AALLNET.

Other FeaturesOther features worth noting include an enhanced sitemap (linked on everypage in the header), an improved“breadcrumb trail” (which shows you at a glance what pages you clicked on in order to arrive at your current pageview), and a single login feature (whichallows members to log in once for bothAALLNET and the My Communitiessection).

Many AALL members and entities were involved in this necessary redesignproject and deserve our thanks andacknowledgement. I am quite proud of the new AALLNET and hope that you will take some time to explore its many new features and options.Please remember that, like all websites,AALLNET is a work constantly inprogress, and it will only be useful ifmembers continue to provide updatedcontent. Suggestions for improvementare always appreciated, but also letAALL Headquarters know if you like the new site.

James E. Duggan ([email protected]) is director of the law library and associateprofessor of law at Tulane University in New Orleans. He served as AALL presidentin 2008-2009.


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3American Association of Law Libraries AALL Spectrum Members’ Briefing December 2011

The AALLNET Strategic PlanningSpecial Committee (ASPSC), made up of five members, was appointed by 2008-2009 AALL President JamesDuggan to oversee the redesign project.AALL Headquarters staff worked veryclosely with this special committee as itset the direction and policy for what thenew AALLNET would become. AALLhired a consultant from .orgSource tohelp with the first phase of the project:surveying members, analyzing thefeedback, writing the request forproposal (RFP), evaluating vendors, and agreeing on a contract.

AnalysisAs part of the process for building thenew AALLNET, the ASPSC developed a comprehensive plan to ensure that theneeds of members would be met andthat the new site would be built usingbest practices and the latest technology.This required a review of theAssociation’s internal systems, a needsassessment, and member research.

Between July and December 2008, AALLmembers and entities were surveyedand interviewed to learn more aboutwhat functionality they would like to see incorporated into the new site. Thesurvey was designed to gather feedbackon how often members visited the site,what they thought of the navigation,how valuable the content was, and whatnew features and tools they wanted tosee on the new site. Our consultantfollowed up with phone interviews to a small group of members where shewas able to delve deeper and get moredetailed information.

AALLNET Redesign ProjectBy Christopher Siwa

This information proved invaluablewhen the special committee first met in December 2008 to discuss what itwanted the new AALLNET to providefor members. The feedback was alsoused heavily to create the RFP sent toweb design vendors, and it was usefulthroughout the design process when wemade decisions about what contentshould be featured on the website andhow it should be arranged.

A review of other related organizations’websites was also conducted at this time to learn how those sites operatedand how the content was managed. In addition, an internal audit wasconducted of AALL’s network structureand association management system(AMS) to evaluate their ability tosupport the new site.

Vendor SelectionOne of the longest phases of the redesignprocess was selecting our designcompany. After the initial membersurvey and interviews were completed,the ASPSC met in December 2008 toreview the findings and to begin thedevelopment of an RFP.

Our consultant put together an extremelydetailed 18-page RFP, and it was sent to nine companies in March 2009. As aresult, eight proposals were received andreviewed. The list was narrowed downto the top three companies, which eachprovided virtual demonstrations to thespecial committee and AALL staff.Additionally, staff conducted referencechecks for our top candidates.

The ASPSC and AALL staff selectedSYSCOM as the project developmentcompany in July 2009. SYSCOM is based in Silver Springs, Maryland, and specializes in developing websitesfor associations and non-profits. Itworked on the web design and contentmanagement, as well as helped managethe two other vendors also involvedwith the redesign project.

Association Technology Solutions, LLC(ATS) is based out of Arvada, Colorado,and provides AALL with support for ourAMS, called iMIS, as well as integratedsolutions between AMSs and websites.

Based on the recommendations fromSYSCOM and our consultant, we choseHigher Logic as our social mediaprovider. Higher Logic is based inWashington, D.C., and delivers solutionsfor interactive communication andcollaboration. Its product is software as a service (SaaS) that provides the socialnetworking and web 2.0 tools for thenew AALLNET. It allows members tocreate groups and other communities.Within these member groups is theability to create blogs, share calendars,communicate via eGroups, sharedocuments, and post events. These were all key components identified bymembers in our surveys and discussionsas necessary additions to AALLNET.

Content Management System andNetwork/Software UpgradesThe new AALLNET was created using a proprietary content managementsystem (CMS) developed by SYSCOM.The CMS allows the site and its contentto be managed more efficiently anddynamically. Using a What You See Is What You Get (WYSIWYG)/HTMLeditor, staff members can easily postcontent in a more organized andsystemized manner, have the ability toassign taxonomy terms to optimizesearch results, and can easily archivecontent once it has expired.

In order to create functionality andinformation sharing between the CMSand iMIS, an upgrade to the most recentversion of iMIS was necessary. Thiswork was completed in early January2010 with the help of ATS, and staff wastrained on the new system. In addition,staff worked to consolidate AALL’sinternal servers and establish a new webserver at an off-site location. All of this

New AALLNET homepage

New My Communities section


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American Association of Law Libraries AALL Spectrum Members’ Briefing December 20114

initial work had to be completed inorder to move ahead with thedevelopment of the new AALLNET.

Web Page Design/Developmentand Taxonomy DevelopmentThe ASPSC and staff also worked withSYSCOM on the site’s architecture,including navigation and design. Aftertwo conference calls and evaluation ofsample pages, that work was completedand approved by the committee in lateFebruary 2010. The home page designand secondary and tertiary pages wereincorporated into the CMS to allow forthe initial site build out.

Concurrently, the taxonomy to be usedfor the new site was under development.Taxonomy allows all content to betagged with keywords to optimize the searching capabilities for the newAALLNET. This project was taken on byboth the committee members and AALLstaff with input from SYSCOM.

Content MigrationAfter the initial site was built out based onthe results of our design phase, we sent all of our web files to SYSCOM, whichperformed a mass conversion process toload all of our content into the CMS.

The second longest phase of theAALLNET redesign process was thecontent clean-up of the more than 5,000pages of the old site that were convertedto the new design. AALL Headquarters

staff was trained on how to use the newcontent management system in earlyApril 2010, and then we divided up thewebsite sections among the staff, soeveryone was in charge of cleaning up a part of the site.

Single Sign-on (SSO) and iMIS IntegrationDuring the content clean-up process,SYSCOM worked with ATS and HigherLogic to implement single sign-oncapabilities between the new AALLNETand our new community section.

ATS developed the web pages thatintegrated with our membershipdatabase, iMIS. Its work included theroster pages for our groups (chapters,committees, and special interestsections), member profile pages, anonline membership application, andevent registration forms. PayPal wasintegrated with the online membershipapplication in order to safely processcredit card transactions online.

ATS also assisted with the migration ofmember login information. To help withthe transition to the new site, emailaddresses and passwords were migratedover from the old login tables to the new login tables that the latest version of iMIS uses. For security reasons,passwords need to be a minimum of sixcharacters in length. Any password withfewer than six characters had 123456appended to it, and we communicatedthis change to the membership at launch.

TestingWe spent a month having the ASPSCand a small group of members test thesite. We gave them a list of items to findand tasks to complete on the site. Afterthe first round of testing, we receivedunanimous feedback about difficultywith the login box. We redesigned thatportion of the site before launching,which saved untold headaches formembers and staff.

LaunchAfter a couple more rounds of testing,we were satisfied with the results,and we officially launched the newAALLNET and our new communitysection (My Communities) the first weekof May 2011. An official announcementwas sent out from 2010-2011 AALLPresident Joyce Manna Janto informingour members of the change andinstructions on how to log in. Overall,we have received positive feedbackregarding the new website.

Future Enhancements and Phase TwoAs use of our new site increases, we will review and consider all suggestionsthat we receive for future AALLNETenhancements.

The second phase of the AALLNETredesign project will focus on migratingall of the special interest section (SIS)websites into the new CMS. The new SISpages will maintain the AALLNET mainheader, footer, and overall design style,but the SISs will be free to build theircontent within the page in any mannermost beneficial to their members. Untiltheir content is migrated into the CMS,their pages will continue to operate asthey do now on the new AALLNET. Ourdesign goal is to create an AALL brandon the site while at the same timeallowing member entities leeway increating their own pages.

Caucus websites will also be migrated,but they will use My Communitiesinstead of the CMS. Through MyCommunities they will be able tomanage their content through blogs ormicrosites. Similar to the SIS websites,their pages will continue to operate asthey do now on the new AALLNET untilthey are migrated into My Communities.

Christopher Siwa ([email protected]) isdirector of information technology for AALL.

Old AALLNET homepage

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