One could argue that there may be perversion of justice in changing a rule to a defendant's detriment, when the defendant could have reasonably relied on it (highly unlikely here, but possible in my hypothetical about the lovers who let out their sexual frustrations in
doing legal research about when they can lawfully have sex).
Not exact matches
We've talked
about how big data of
legal information or
legal research might change the way that lawyers
do things, but as I've noted, the collection of enough data for proper insights remains the main obstacle.
Think
about how
legal issues and technology are changing and their near - future implications and the types of things new grads typically ought to be able to
do for employers: discovery / e-discovery, planning and writing
research memos and
legal analysis, noting up case law, relevant note taking and client interview techniques / etiquette.
I don't know
about you, but I like my
legal research materials to be a little more timely than that.
And while thinking
about all of this a colleague * was kind enough to send around a link to a recent post by Brian Sheppard over on the
Legal Rebels blog called, «
Does machine - learning - powered software make good
research decisions?
One of the things we don't talk
about much on the
legal research side of things here at Slaw Tips are... [more]
For «niche» blogs covering specialized areas of the law that aim primarily to, say, educate readers
about new court decisions on a relevant topic, I don't see why a ghostwriter with a strong
legal research and writing background can't
do that effectively for a lawyer simply too busy to
do all the spadework.
Where books put concrete corners around information, electronic sources can seem to present the same information as seamlessly connected.36 Quite often, Internet researchers care less
about the nature of the information source than they
do about its content.37 And even the fee - based
legal research providers no longer require researchers to make source selections at the outset.
For example, periodic, pop - quiz - style
research simulations might help students to see that they don't know what they don't know
about legal research.54 Either way, they need to understand that running searches is a means to an end.
No doubt
about it; we are teaching a generation of students who have
done no significant
research (of any kind) in print.57 Because other online
research seems so easy, they generally underestimate the effort involved in conducting thorough
legal research.
We
did some
research of our own and spoke with several
legal consultants to find out what firms are most concerned
about in 2014.
They don't have to worry
about the costs of
legal research in law school, so they don't worry
about researching efficiently.
I mostly tweet
about legal research or
legal news so I
do #legalnews #lawnews #legalresearch #lawresearch but that takes up a lot of room so then I don't have as much room for the actual tweet.
Last week, I wrote
about another
legal research site, Casetext, that is planning to
do something similar by adding law firm client alerts distributed via JD Supra.
At the end, we
did have to
do a pitch with a PowerPoint presentation which is not my strongest suit — the PowerPoint — but it was really great because it gave me the opportunity to step out of
legal world where we spend most of our time reading,
researching, dealing with other attorneys, it was a great way to think
about things from a different perspective.
My next door neighbour at Heenan Blaikie, Ryan Teschner lent me this morning a history of the Queen's Law School at 50 — «Let Right Be
Done»: A History of the Faculty of Law at Queen's University by Professor Mark D. Walters I was very pleased to see 3 pages
about the early days of computerized
legal research in Common Law Canada, which all started at KingstonThe story of Datum / Soquij is for another day..
It has been many years since I attended law school — while I know we had complaints
about our
legal research and writing courses, I don't think this was our issue.
What is so unique
about the Canadian
legal environment that Australia and the UK
do not already provide a well -
researched, well - documented and well - experienced solution?
I sought to make the point
about some of the faux
research done by
legal publishers (and others) in http://www.slaw.ca/2011/09/12/professional-information-publishers%E2%80%99-pr-whatever-that-is/
Ah yes — but mine would be a law school rant, which gets us back to other posts
about how the otherwise splendid new graduates couldn't
do legal research, if their lives depended on it.
Last year I made my views known to the Law Society of Upper Canada, the Law Foundation of Ontario, which donates funds to the law libraries in Ontario as well as the Minister of the Attorney General
about being denied access to the John Sopinka Law Library at the Hamilton Court House for wanting to
do my own
legal research.
The sites that Peggy reviews, most of which are drawn from a list compiled by the Sunlight Foundation, are wonderfully — I don't know
about insanely — useful components of a U.S. government /
legal research toolbox.
Questions were raised
about how much students get out of blogging, especially in writing short pieces (if that is all they
do), and Moin gave a strong defence of the merits of having students blog on a common theme over the course of several weeks as an organic, multi-faceted approach to
legal research and writing.
Rhim kindly agreed to tell readers
about the work he is
doing in South Korea and what the latest version of his application will
do, which at present focuses on
legal research.
Bob Ambrogi: Eric, I think one of the questions that a lot of people wonder
about is how
do lawyers start to trust AI as a solution for
legal research and other applications in the
legal field, what
do you say to that?
Also on the topic of
researching legislation: it doesn't appear that SLAW has previously mentioned Eric Appleby's free online
Legal Research Guide to Statutes 2007 (PDF, 44 pages)(Eric is the founder of Maritime Law Book; Gary Rodrigues posted here last year on SLAW
about Eric).
Posts share insights from quantitative
legal research on corporate law, capital markets, finance, and mergers & acquisitions as well as the debate
about what law schools need to
do to produce «practice - ready» graduates and «practice - ready» scholarship.
Legal Realism Unpublished Decisions, Non-Citation Rules, and Federal Rule of Appellate Procedure 32.1 Existing
Legal Scholarship and Empirical Data A DETAILED COMPARISON OF PRINT AND ELECTRONIC
RESEARCH PROCESSES — IDENTIFYING SALIENT DIFFERENCES Electronic Researchers Are Not Guided by Key System Information to the Same Extent as Print Researchers with Respect to Identifying Relevant Theories, Principles, and Cases Electronic Researchers Do Not Encounter and Interpret Individual Cases Through the Lens of Key System Information to the Same Extent as Print Researchers Electronic Researchers Are Exposed to More — and Different — Case Texts than Print Researchers COGNITIVE PSYCHOLOGY - DERIVED PREDICTIONS ABOUT THE CONSEQUENCES OF A CHANGED RESEARCH PROCESS: DIVERSITY IN FRAMING AND TILTING AT WINDMILLS Principles and Theories of Cognitive Psychology Influence of Labeling Influence of Categories Confirmatory Bias and Selective Information Processing Application of Cognitive Psychology Principles to Legal Research Diversity in
RESEARCH PROCESSES — IDENTIFYING SALIENT DIFFERENCES Electronic Researchers Are Not Guided by Key System Information to the Same Extent as Print Researchers with Respect to Identifying Relevant Theories, Principles, and Cases Electronic Researchers
Do Not Encounter and Interpret Individual Cases Through the Lens of Key System Information to the Same Extent as Print Researchers Electronic Researchers Are Exposed to More — and Different — Case Texts than Print Researchers COGNITIVE PSYCHOLOGY - DERIVED PREDICTIONS
ABOUT THE CONSEQUENCES OF A CHANGED
RESEARCH PROCESS: DIVERSITY IN FRAMING AND TILTING AT WINDMILLS Principles and Theories of Cognitive Psychology Influence of Labeling Influence of Categories Confirmatory Bias and Selective Information Processing Application of Cognitive Psychology Principles to Legal Research Diversity in
RESEARCH PROCESS: DIVERSITY IN FRAMING AND TILTING AT WINDMILLS Principles and Theories of Cognitive Psychology Influence of Labeling Influence of Categories Confirmatory Bias and Selective Information Processing Application of Cognitive Psychology Principles to
Legal Research Diversity in
Research Diversity in Framing.
Doing legal research is kind of clunky, when you think
about it.
There are two or more generations involved in this problematic scenario: First the Gen Y's; they may not fully appreciate what a library can
do for them; and the Baby Boomers, who have forgotten what they knew
about legal research best practices and to some extent have been lulled into believing everything is free on the Internet.
Slaw readers are more aware than the average
legal professional
about the roles of existing major
legal information suppliers (let's call them Dominos and Pizza Hut) and the efforts of upstarts to
do law differently and offer tailored solutions to
legal research needs.
In concept, it is a great idea for lawyers to have a place where they can share documents and
research, discuss
legal issues, and network with others who have shared interests, without having to worry
about the ethical landmines of
doing that sort of stuff in a public - facing site.
It got me thinking
about something I've noticed working in
legal information: lawyers don't mean the same thing when they talk
about legal research as librarians
do.
In what I think is the second installment of my race to catch all of you up with what I've been
doing (I discussed law firm business licenses a couple of days ago), I'm here to talk today
about online
legal research providers — in particular, my journey to deciding on what to
do for my
legal research needs.
Within this 8.5 hours a lawyer is supposed to get a detailed interview with you and your witnesses
about your case, make all the court appearances needed,
do all the
legal research required, prepare you to potentially testify, prepare for the actual trial itself which involves preparing cross examinations for police officers etc, and also
do the actual trial itself!
When I started out figuring out what I was going to
do with
legal research, I bandied
about the thought of trying to use some of the free online resources that are available out there.
16 years I have been
doing this I have never been as excited
about it as I am right now, which, if you are in the
legal research business, that's a very dangerous thing for everybody else.
We have
about 2.9 million volumes in our collection and we have a very extensive website that I think can really help people trying to
do free
legal research online.
had there been a defence lawyer rules say they cant hide case law they know
about -LCB- they would discover more if defending -RCB- in hope that we don't discover it = unethical.type in» stare decisis and techniques of
legal reasoning» Which also says it is unethical and intellectually dishonest for a judge to ignore case law that stands in the way of his decision = the defence wont give case law and the judge wont
do defence lawyer
research - so case law / evidence will not be heard and will not be there for a SRL to use / defend our case.
In a precedent based
legal system, a single data point may be all that you need, and in general, the goal of
legal analytics tools is to help lawyers find the data points that are most relevant and meaningful.Though sensationalistic articles
about robot lawyers might try to convince you otherwise,
legal analytics tools don't eliminate the need for case law
research.
Let's start with doctrine: — Current copyright literature Next to Genie Tyburski and the wonderful Virtual Chase — Virtual Chase
Legal Research guide: Intellectual Property Law From Slaw's own Ted Tjaden, some Canadian links — Intellectual Property Law — Canada Pausing only to suppress my occasional cynicism about the length of time that Canada's policy - making on copyright has been going on, at least they have good resources explaining the process — Copyright Reform Process A few comparative links: the United Kingdom — Copyright on the UK Patent Office Site Next New Zealand — New Zealand Copyright Law How to do research on Australian copyright law — Intellectual Property Research in Australia Now two important US sites: first the authorized version — The US Copyright Office Next, a wonderful site that reflects some of Larry Lessig «s thinking at Stanford — The Stanford Copyright and Fair Use Center And finally, reflecting the fact that so much law in this area reflects not domestic policy - making, but hard - fought international consensus, an Index to what the World Intellectual Property Organization (WIPO), a United Nations agency has accomplished — WIPO Index And to conclude with an American and a European take on international copyright, since I was just in Chicago, look at Irene Berkey's links — International Intellectual Property and finally a European source (actually it's Swiss, but that's not obviousRobert Kraft, in his Diaries, quotes Stravinsky, la justice — c’est une invention suisse)-- Swiss Legal Research Center International IP Links, run by CMS von Erlach Henrici And finally, a nice and quirky piece on the oddities of copyright called — Digital Copyright & Copywrong by Pete
Research guide: Intellectual Property Law From Slaw's own Ted Tjaden, some Canadian links — Intellectual Property Law — Canada Pausing only to suppress my occasional cynicism
about the length of time that Canada's policy - making on copyright has been going on, at least they have good resources explaining the process — Copyright Reform Process A few comparative links: the United Kingdom — Copyright on the UK Patent Office Site Next New Zealand — New Zealand Copyright Law How to
do research on Australian copyright law — Intellectual Property Research in Australia Now two important US sites: first the authorized version — The US Copyright Office Next, a wonderful site that reflects some of Larry Lessig «s thinking at Stanford — The Stanford Copyright and Fair Use Center And finally, reflecting the fact that so much law in this area reflects not domestic policy - making, but hard - fought international consensus, an Index to what the World Intellectual Property Organization (WIPO), a United Nations agency has accomplished — WIPO Index And to conclude with an American and a European take on international copyright, since I was just in Chicago, look at Irene Berkey's links — International Intellectual Property and finally a European source (actually it's Swiss, but that's not obviousRobert Kraft, in his Diaries, quotes Stravinsky, la justice — c’est une invention suisse)-- Swiss Legal Research Center International IP Links, run by CMS von Erlach Henrici And finally, a nice and quirky piece on the oddities of copyright called — Digital Copyright & Copywrong by Pete
research on Australian copyright law — Intellectual Property
Research in Australia Now two important US sites: first the authorized version — The US Copyright Office Next, a wonderful site that reflects some of Larry Lessig «s thinking at Stanford — The Stanford Copyright and Fair Use Center And finally, reflecting the fact that so much law in this area reflects not domestic policy - making, but hard - fought international consensus, an Index to what the World Intellectual Property Organization (WIPO), a United Nations agency has accomplished — WIPO Index And to conclude with an American and a European take on international copyright, since I was just in Chicago, look at Irene Berkey's links — International Intellectual Property and finally a European source (actually it's Swiss, but that's not obviousRobert Kraft, in his Diaries, quotes Stravinsky, la justice — c’est une invention suisse)-- Swiss Legal Research Center International IP Links, run by CMS von Erlach Henrici And finally, a nice and quirky piece on the oddities of copyright called — Digital Copyright & Copywrong by Pete
Research in Australia Now two important US sites: first the authorized version — The US Copyright Office Next, a wonderful site that reflects some of Larry Lessig «s thinking at Stanford — The Stanford Copyright and Fair Use Center And finally, reflecting the fact that so much law in this area reflects not domestic policy - making, but hard - fought international consensus, an Index to what the World Intellectual Property Organization (WIPO), a United Nations agency has accomplished — WIPO Index And to conclude with an American and a European take on international copyright, since I was just in Chicago, look at Irene Berkey's links — International Intellectual Property and finally a European source (actually it's Swiss, but that's not obviousRobert Kraft, in his Diaries, quotes Stravinsky, la justice — c’est une invention suisse)-- Swiss
Legal Research Center International IP Links, run by CMS von Erlach Henrici And finally, a nice and quirky piece on the oddities of copyright called — Digital Copyright & Copywrong by Pete
Research Center International IP Links, run by CMS von Erlach Henrici And finally, a nice and quirky piece on the oddities of copyright called — Digital Copyright & Copywrong by Peter Jacso.
Research also showed that Ontarians want to learn more
about what to
do when they need
legal help, how to find it — and to better understand the services that lawyers and paralegals provide.
It might sound like a lot of buzz - words, but when you think
about it, the reason we conduct
legal research is to obtain a result that allows us to take action, or advise others on what they should
do next.
One of Canada's most successful advocates writes
about what you need to
do to win your case - from fact investigation and witness preparation - through opening statement, examination, and cross-examination - to
legal research and preparation of final argument.
Is it to encourage readers to download a white paper or
research you've recently
done about their
legal area of interest?
«I have used the services of OnPoint very frequently for
about 10 years for the purposes of
doing legal research.
I have described how financial realities have reduced our academic law libraries from comprehensive library environments to a rump body of librarians (or a single librarian) in a law school
doing library reference duties and obsessing
about teaching
legal research.
Thinking
about it from my library perspective, what
does that mean for collecting
legal research resources.
Since this is after all a site
about legal research, let me report that it
does not appear that any Canadian court has taken judicial notice of Timbits, although the item is mentioned in R. v. Chan, 2005 ABQB 615 (CanLII).
So at the beginning it is
legal, because they claimed that they wanted to
do a
research project
about the psychological effects, something like that.