Law Librarian Blog

Lyons' Recommendations for Free Access to PACER Without Compromising Privacy and Security Interests

In Free PACER: Balancing access and privacy, Susan Lyons (Rutgers University (Newark) Law School Library) presents an excellent analysis of the issues resulting in the Administrative Office of the United States Courts' (AOUSC) abrupt suspension of the PACER pilot program that offered free access to PACER at 17 FDLP libraries. (Reported on LLB here.) Lyons offers four recommendations for how AOUSC can offer free access to PACER without compromising the legitimate privacy interests of litigants:

1. Release all court decisions and briefs in motions and appeals without restriction on the open Internet and make the files available in bulk to anyone requesting them.

2. Give attorneys and litigants free and unlimited access to their own dockets. Under the current system, when a new document is uploaded to the court’s electronic docket, parties receive an e-mail notice that allows them one opportunity to download the document to their own computer without charge.

3. Allow scholars doing empirical research on court records full access to bulk data.

4. Reinstitute the PACER pilot program and expand the pilot to all federal courthouses

For details, see Lyons' AALL Spectrum article. Highly recommended. See also LLB's post, Online Petition Drive Launched to Improve PACER. [JH]

The Amended Google-Michigan Agreement: Jonathan Band's Guide to the Perplexed

Following up on his A Guide for the Perplexed: Libraries and the Google Library Project Settlement, the American Library Association, the Association of Research Libraries, and the Association of College and Research Libraries have released Jonathan Band's A Guide for the Perplexed Part II: The Amended Google-Michigan Agreement. [Press Release] The University of Michigan negotiated the amended agreement that will govern the relationship between Google and Michigan and any partner library if the proposed Google Book Search settlement is approved.

Band's analysis of the amended Google-Michigan Agreement highlights rights and responsibilities of Google and participating libraries, including the following:

• Michigan and any partner library can initiate a review of the pricing of the institutional subscription to determine whether the price properly meets the objectives set forth in the settlement agreement.

• Google must provide to partner libraries information on books, such as whether Google is treating the book as in the public domain and whether a book is being excluded from any display uses for editorial or non-editorial reasons.

• Google will provide Michigan with a free institutional subscription for at least 25 years.

• Michigan is permitted to provide digital copies of the public domain books to academic institutions and research or public libraries for non-commercial research, scholarly, or academic purposes, as long as the library uses reasonable efforts to prevent bulk downloads of the copies.

Hat tip to Digital Koans. [JH]

New Interface for Google's Book Search Engine

Google's book search engine has a new interface that adds a number of useful features including:

• New toolbar option to embed a preview in websites or blogs, a lot like the embed tag used to share YouTube videos

• Better search within each book

• Thumbnail view of pages

• Contents drop-down menu

• Plain text mode that may make it easier to find plain text versions of public domain books.

• Page turn button and animation

• Improved book overview page

Details with screenshots at Inside Google Book Search and Google Operating System blogs. [JH]

Online Petition Drive Launched to Improve PACER

Erika Wayne (Stanford Law School Library) and others have launched an online petition drive directed at the Administrative Office of the US Courts to improve PACER. The petition reads:

We ask the Administrative Office of the U.S. Courts to improve PACER by enhancing the authenticity, usability and availability of the system.

We the undersigned, urge the Administrative Office of the US Courts (AO) to make the following changes to the PACER system:

For verification and reliability, the AO should digitally sign every document put into PACER using readily available technology.

PACER needs to be much more readily accessible if it is to be usable for research, education, and the practice of law. Improved accessibility includes both lowering the costs for using PACER and enhancing the web interfaces.

Depository libraries should also have free access to PACER.

You can sign the petition here. [JH]

New Property Tax Database

The Lincoln Institute of Land Policy and the George Washington Institute of Public Policy have launched Significant Features of the Property Tax, an online database that presents data on the property tax in all 50 states. This new site provides data sets and links relating to the property tax and its role in state and local finance in all 50 states. The interface allows users to access property tax and data online in a variety of forms, including tables of the most frequently sought figures, a query system for creating new tables, and a downloadable database. 

A snip from the site:

The term “Significant Features” pays tribute to the work of the Advisory Commission on Intergovernmental Relations, which was established by Congress in 1959 to study the relationships among local, state, and national levels of government. Until its termination in 1996, ACIR provided a wealth of research on the functioning of the federal system, particularly through its flagship publication, Significant Features of Fiscal Federalism.

Hat tip to ResourceShelf. [JH]

Add OpenJurist to List of Free U.S. Case Law Websites

Well, I'm adding OpenJurist to my list -- news to me but I might be behind the curve because of the proliferation of free case law websites. OpenJurist's database currently has approximately 647,000 opinions from the United States Supreme Court beginning in 1754 when it was known as the Supreme Court of Pennsylvania and Federal Appellate Courts beginning in 1880 from the First, Second and Third series of Federal Reporter. The database is tied to a Google search engine. Hat tip to Cleveland Marshall Law Library Blog. [JH]

U.S. Geological Survey Launches Digital Map Beta

The Digital Map - Beta is the first step toward a new generation of digital topographic maps being created by the U.S. Geological Survey. These maps are built from The National Map data, which are integrated from local, State, Federal, and other sources. Tools are available free for download. Users can turn data layers on and off, zoom in and out, and print the maps. As the Digital Map - Beta evolves, the USGS will add historical versions of the topographic maps and will incorporate other data layers including hydrography and contours. Use of the term "Beta" signifies that these maps are initial versions that do not yet contain the full content of the traditional USGS topographic quadrangle maps according to the USGS announcement.

Digital Maps - Beta are available free on the Web in the GeoPDF format. File size is about 15 to 20 Megabytes. Tools are available free for download. Users can turn data layers on and off, zoom in and out, and print the maps.

Release Time Line. This new topographic map series will be released formally this fall. The USGS plans to make an updated version of each map every 3 years. As other data layers are integrated, they will be added to the maps, so that after 3 or 4 years all of the data within The National Map will be shown. In the near future, high-resolution scanned files of all historical versions of the new topographic maps also will be available for free download.

Hat tip to beSpacific. [JH]

Reminder: Managing Electronic Titles and Materials This Afternoon

Richard Leiter and Brian Striman discuss the challenges of electronic titles in law libraries on their BlogTalkRadio program, The Law Librarian, today at 3:00 pm (Eastern). The call-in phone number for Managing Electronic Titles and Materials is 347-945-7183. Topics will include:

• How should electronic titles be cataloged?

• How should local cataloging records reflect remote subscription holdings?

• How should "holding" be defined with respect to electronic titles? Is the ABA definition adequate?

• If your library subscribes to all or a portion of HeinOnline, do you "hold" all those titles?

• Are OPACS the proper place to record access to electronic titles, or do we rely on vendor websites?

• How do you provide access to electronic holdings to non-institutional patrons? (Ie., members of the public)

• How do you keep track of electronic serials?

• How does access to electronic titles affect existing or future binding policies?

Should be very informative. If you can't listen to the live program, you will be able to download the podcast. [JH]

ICC Legal Tools on International Criminal Law and Justice

The ICC's Office of the Prosecutor has developed the ICC Legal Tools website to serve as an electronic library on international criminal law and justice. The website contains comprise at present over 40,000 documents in several databases, together with four legal research and reference tools developed by lawyers with expertise in international criminal law and justice: the Case Matrix, the Elements Commentary, the Proceedings Commentary and the Means of Proof Document. Note the terms of use agreement. Hat tip to Slaw's Simon Fodden. [JH]

Digital Audio Recordings of Chrysler and GM Bankruptcy Proceedings on PACER

The United States Bankruptcy Court for the Southern District of New York is making digital audio recordings of court proceedings relating to Chrysler LLC, 09-50002, and General Motors Corporation, 09-50026, publicly available online on PACER. [JH]

New Edition of Licensing Digital Content: A Practical Guide for Librarians Published

ALA has published the second edition of Licensing Digital Content: A Practical Guide for Librarians by Lesley Ellen Harris. Covering licensing issues for librarians in the US, Canada and around the world, the second edition of this popular one-stop resource covers the basics of digital licensing in a plain-language approach that demystifies the process. See also the book's blog. [JH]

Google Book Store Competition for Kindle, and the EU Takes a Look at the Deal

There are a number of stories running in the press concerning the Google book deal with publishers.  One theme concerns the potential competition Google poses to Amazon and the Kindle.  As of now, Amazon sets a $9.99 price for most titles available on the Kindle, and keeps 70% of the proceeds.  Publishers grumble at this as most electronic books are sold at a loss.  Publishers do not want Kindle to be the effective market for electronic books under those terms as Apple has done with music.

Enter the Google electronic book store, coming this fall, which is not tied to a particular reader.  The publishers and authors are the ones who select the price, though Google can make adjustments to it if the supplier gets too greedy.  Sony completed an agreement with Google to make its 1.5 million public domain books available on its reader.  Other deals could be in the offing with Samsung, Fujitsu, and others who also make book readers.  Could this be competition for Amazon?  Commentators seem to think so, at least in a general sense.  How this type of competition will affect any antitrust investigation by the Department of Justice is uncertain. Broadly speaking, who else can challenge Google and Amazon when Microsoft dropped out of book scanning a few years back?  And is it viable to limit Google while Amazon grows the market?
 
Speaking of investigations, the European Union is taking a look at the U.S. settlement as well.  Google will display snippets of books in copyright under the deal, and authors and publishers will have to opt out.  That provision may violate EU law in one form or another.  The most draconian solution is not to sell or make books available to European users.  Since money is involved for so many people that probably won't come to be.  Market regulators need to tread carefully here.  [MG]

Transparency Lite at Launch of Data.gov

Last week, Valerie Jarrett, Senior Advisor to the President, announced the launch of a new initiative to open government, WhiteHouse.gov/Open [video on Administration's Open Government Blog]. With the announcement comes the long anticipated Data.gov website. "The purpose of Data.gov is to increase public access to high value, machine readable datasets generated by the Executive Branch of the Federal Government." See Personal Democracy Forum's coverage, White House Opens Doors on Major Open Government Initiative.

Data.gov includes a searchable data catalog that includes access to data in two ways: through the "raw" data catalog and using tools provided by the site. Note well, you have to agree to the site's Data Policy. See also the site's tutorial.

According to ReadWriteWeb’s Marshall Kirkpatrick, "the initial offering is a bit of a let down." Wired's Alexis Madrigal concurs, "Data.gov launched ... with 47 datasets from across the government. ... That’s a tiny fraction of the Feds’ gargantuan information stores, and the site is clearly in beta, but open-government advocates see the new site as a sign of good things to come for government transparency." [JH]

Reminder: Registation Deadline for The Shared Electronic Resource Understanding Webinar is June 5

"The Shared Electronic Resource Understanding (SERU): Can It Work in My Library" webinar is scheduled for Tuesday, June 9, 2009, 1:00 pm - 2:00 pm (Eastern Time). The presenters, Karla Hahn, Assistant Executive Director of the Association of Research Libraries and Judy Luther, President of Informed Strategies, who served together as co-chairs of the NISO Working Group that developed SERU, will discuss how libraries and publishers can forgo negotiating traditonal licensing agreements for e-resources in favor of using a set of “common understandings”. Topics to be covered in the webinar include:

• Learn about what SERU is and how SERU is used in practice.
• The legal implications of SERU.
• Is SERU feasible in the law library setting?

Registration must be complete by June 5 (5:00pm Central). Space is limited. [JH] 

UN Launches Diplomatic Conferences for Treaties Website

The UN Office of Legal Affairs has launched a website that provides access to the official records of 12 UN diplomatic conferences that were held to to negotiate and adopt treaties. The user is provided access by individual document, and the entire collection of proceedings is searchable in full-text format. The website covers the following UN conferences:

• Law of the Sea, 1958
• Conference on Elimination or Reduction of Future Statelessness, 1959-1961
• Law of the Sea (Second Conference), 1960 
• Conference on Diplomatic Intercourse and Immunities, 1961
• Conference on Consular Relations, 1963
• Conference on the Law of Treaties, 1968-1969
• Law of the Sea (Third Conference), 1973-1982
• Conference on the Representation of States in their Relations with International Organizations, 1975
• Conference on Succession of States in Respect of Treaties, 1977-1978
• Conference on Succession of States in Respect of State Property, Archives and Debts, 1983
• Inference on the Law of Treaties between States and International Organizations or between International Organizations, 1986
• Conference on the Establishment of an International Criminal Court, 1998

Hat tip to Resource Shelf. [JH]

Ambrogi Reviews 10 Free Sites for U.S. Case Law

Bob Ambrogi reviews the peculiar strengths and weaknesses of the following free case law sites:

1. Fastcase, www.fastcase.com and Casemaker, www.casemaker.us
2. FindACase, www.findacase.com
3. PreCYdent, www.precydent.com
4. The Public Library of Law, www.plol.org
5. AltLaw, www.altlaw.org
6. Justia, www.justia.com
7. FindLaw, www.findlaw.com
8. Public.Resource.Org, http://public.resource.org
9. LexisONE, www.lexisone.com
10. Legal Information Institute, www.law.cornell.edu

[JH]

Webinar on Using & Searching HeinOnline's Law Journal Collection Set for May 13

The great folks at HeinOnline will be conducting a free webinar focusing on using and searching HeinOnline's Law Journal Collection Wednesday, May 13, 2009 from 2:00 p.m.-3:00 p.m EDT. [Registration Page] Topics to be covered include

• How to quickly pull up a journal article when you have a citation.
• How to search for a journal article by article name
• How to search for articles written by a specific author
• Browsing or searching by subject, state, or country
• Overview of Indexes and Finding Aids available
• How to use the full power of Hein's ScholarCheck tool to connect citations and view citation analysis
• Finding coverage information for a journal title

[JH]

Justice Granger on the Need for Lawyers and the Judiciary to Go Electronic

Over on Slaw, Simon Fodden has posted Ontario Superior Court of Justice B. T. Granger's PowerPoint presentation entitled “The Future is Now: Improving Access to Justice: The Need for Lawyers and the Judiciary to Go Electronic.” "As you might expect from a seasoned judge," writes Fodden, " the slides are clear and comprehensible, so that although we lack the benefit of Justice Granger’s comments, we can follow his argument without difficulty." [JH]

The Case Against a Fee-Based PACER

On Ars Technica, Timothy Lee presents an excellent review of recent criticisms of PACER leveled by open access advocates. [JH]

Steven Johnson Predicts That E-Books Combined With Markup and Pincites Will Lead to Social Tagging

Kindle and Google Books herald the transformation of book sales and reading, contends Steven Johnson in an engaging article in the April 20 Wall Street Journal, How the E-Book Will Change the Way We Read and Write. Johnson predicts that the Amazon e-reader and Google’s vast digital library, combined with machine-readable markup and a standard citation system that pincites to the paragraph or even sentence level, will lead to social tagging of subparts of millions of e-books.  Google’s search system and Amazon’s ranking algorithms will then foster discovery and ranking of those subparts.  Moreover, the handheld appears to enable easy impulse buying of digital texts.  According to Johnson, all of these factors should cause a huge increase in the sale of subparts of electronic books.

Johnson’s views seem to accord with the function of most legal books, such as treatises, reference works, CLE course handbooks, and article collections, respecting which reading one or more subparts is the most common use.  Most scholarly publishers and many legal publishers have already adopted this sales model to some extent.  Johnson’s article also underscores the great value for e-commerce and knowledge dissemination of an open, machine-readable e-book citation format that can function as a unique identifier for each book subpart.  That suggests a possible, pivotal role for the AALL Universal Citation system, combined with semantic markup.  The AALL System is discussed at the site of the former AALL Citation Formats Committee and is now the charge of the AALL Electronic Legal Information Access & Citation Committee (ELIACC). [Robert Richards]