"The field of law librarianship remains a special and important one,with its own vocabulary and with its rich,almost unmatched,print heritage nurtured for many years by publishers,lawyers,law professors,and,yes,law librarians. It is also unique in that it has a dual goal that many other special library fields do not. Its service component is not just to the specialists in the field-that is,lawyers and judges-but to the public at large as well, because we are all affected by and bound by the law. Access to the law is critical if modern society is to avoid indulging its natural tendencies toward totalitarianism. Franz Kafka's defendant's problem was that he never knew what the law was that he was accused of violating."
Professor Vicki L. Gregory. Foreward from, "Law Librarianship in the Twenty-First Century."
Image courtesy of Morguefile
Perhaps the quote above illustrates the fact perfectly that universal access must be about access to the law. Westlaw is an expensive database and for many the ability to use this service will only come about through the public law library. The public law librarian must be able to do in depth and efficient research in order to help members of the public. If an individual found it necessary to do legal research, one way to go about this task would be to use either the print or online version of Westlaw. One of the roles of the legal librarian is to have utilized and effectively analyzed both of these services. By doing so, the librarian can help members of the public effectively navigate these complicated knowledge bases. The following report helps to illustrate the benefits and drawbacks of both the print and online versions of Westlaw.
In comparing both the print and the digital version of Westlaw the best way to view how each actually works is to do a search in both systems. Let us imagine that a researcher heard about habeas corpus and the War on Terror. The researcher decides to go to Google and enter "Habeas Corpus War on Terror". One of the entries on Google is the article "HABEAS CORPUS JURISDICTION, SUBSTANTIVE RIGHTS,AND THE WAR ON TERROR"(Fallon and Metzler,2007). The article is from the Harvard Law Review so it should be a reliable source. In this article the researcher notes the following in Section II,"Rumsfeld v. Padilla"(2047). He or she now wants to view the court cases involving Jose Padilla and law of habeas corpus. The following is a possible path a novice legal researcher might follow in finding information.
1. Since looking at the first volume of a book in a set has revealed instructions on how to use the entire collection our researcher decides to pick up West's "Federal Practice Digest 4th Abandoned and Lost Property to Action Volume 1" (1989). The researcher finds," DIGEST TOPICS" which notes "The topic numbers below may be used in WESTLAW searches for cases within the topic and within specified key numbers"(1989,XII). On page XIII it notes "197 Habeas Corpus". 2. The researcher locates Volume 197. In the section titled "Analysis" the Key terms begin at 201 and end at 913. The amount of information is overwhelming. Perhaps a different path to Rumsfeld v. Padilla is necessary.
The researcher decides to consult "Volume 98 DESCRIPTIVE-WORD INDEX DR-G"(2002). In the Harvard Law Review article the authors noted that, "While motions challenging Padilla's detention were pending in New York,the government declared him an enemy combatant..."(2048 Fallon,Metzler). Perhaps the phrase "enemy combatant" might be located in this volume of the DWI. Under the word "ENEMIES" it is noted,"ALIEN enemies. See heading ALIEN ENEMIES,generally" (98 FPDA 4th-199,2002). Our researcher believed that since this book was published right after 9/11,looking under "ALIEN ENEMIES" would not produce good information.
Our researcher eventually realized the the DWI contained a,"2009 Cumulative Annual Pocket Part Covering opinions 2001 to date". In this pocket part under the phrase 'ENEMIES' it states,"ENEMY combatants,Presumption in habeas proceedings of accuracy and/or authenticity for evidence justifying detention,Hab Corp 701.1"(139). 4. The researcher notices that since DWI has a pocket part he notices in ,"Table of Cases Ro-Sh 2009" there is a soft cover book with the subtitle ,"2009 Cumulative Pamphlet Covering opinions 2000 to date". On page 213 is, "Rumsfeld; Padilla v., CA2 (NY)...Hab Corp 662.1". 5. Now the Key system is starting to make sense. The number 690 in the Key System states,"Counsel,right and necessity"(58A Grand Jury to Habeas Corpus 453,1989). 6. Back to the habeas corpus volumes. Now it is,"Volume 59C HABEAS CORPUS 611-764". The researcher is able to view the progression of the Rumsfeld v. Padilla case first read about in the Harvard Law Review.
The Federal Practice Digest 4th and the books associated with this series offers some instruction for the user. For someone who wanted to find information but lacked familiarity with the Key system, he would find it a confusing and difficult system to know. Even with exposure to Westlaw (albeit primarily with the online version), this was a difficult journey. It was only through lectures and the book "Basic Legal Research: Tools and Strategies by Amy E. Sloan" that I was able to maneuver through this labyrinth. I would strongly discourage anyone from attempting to use this source without the guidance of a good textbook and a professional legal librarian.
The subjects covered by West's Federal Practice Digest 4th are listed in the "DIGEST TOPIC" covering subjects from,"134 Divorce" to "200 Highways"(1989,XIV". In the Preface of the first volume of the 4th Digest the publisher alerts the reader that,"New and revised topics and greatly expanded key numbers have been provided for many areas of law..."(III).
Although the Preface does alert the reader to, "New and revised topics" the time period covered by the Federal Practice Digest 4th is almost nonexistent. In the Preface it is noted,"FEDERAL PRACTICE DIGEST 3rd will continue to provide coverage of federal case law from 1975 to the beginning of FEDERAL PRACTICE DIGEST 4th". Yet when does the Digest 4th begin? I decided to contact legal reference librarian Tom Gaylord and he noted that the Digest 4th begins at 1989(2009,email).
Concerning the frequency of updates in the print version of the Digest,the print version of the Federal Practice Digest 4th does not give much information about the updating procedure of the actual Digest. The Digest does however nudge the reader toward Westlaw online by exclaiming in the Preface of the Digest 4th,"WESTLAW provides easy and quick access to those cases reported after the latest available digest supplementation"(IV 1989). The Descriptive-Word Index provides more information about the updating process, for example, Volume 98A H-LH states,"Covering opinions 2001 to date...Up-dated Weekly by West's Reporter Advance Sheets or WESTLAW" (Cover). The digital version of Westlaw is much more lucid in presenting information about the time period covered and the subjects which are included in their database. However, it is best to hold off on an overall analysis of the digital Westlaw until we have viewed one possible path followed in a search for a case.
Our researcher is already familiar with case he or she wants to find, so now it is time for the newcomer to legal research to begin on the Westlaw digital version. 1. Researcher goes to "ALLFEDS" on Westlaw. Researcher then selects "Custom Digest" to get to the "West Key Number Digest" which has 450 main subjects. 2. By remembering the numeric order of the Key Numbers in the 4th Digest the researcher selects "197 HABEAS CORPUS". 3. Researcher puts a check next to,"197 HABEAS CORPUS". After this step the researcher is then presented with the "Custom Digest" where he can narrow down his search. Under "Add search terms and/or connectors (optional):" he decides to add Rumsfeld v. Padilla. 4. The result of the search was;"Your most cited cases/custom digest has retrieved too many documents". 5. In order to make the search process more understandable and much less repetitive, I will offer just some of the search strategies of the reseacher undertaken in the "Custom Digest" with different phrases entered in the "Add search terms and/or connectors". The following searches were undertaken with "197 HABEAS CORPUS" entered in the "Your digest selection(s). The following list is what was entered in search terms and/or connectors and the result of the search. a. Rumsfeld & Padilla= 0 Documents. b. Rumsfeld /p Padilla = 0 Documents. c. Padilla & Rumsfeld = 0 Documents.
6. Researcher decided that he was having no luck with his search and he should look at the Harvard Law Review article for more information. In section IV of the article Fallon and Metzler proclaim,..."the question presented but not resolved in Padilla - the lawfullness of the seizure and detention within the United States of an American citizen alleged to be an enemy combatant"(2007,2074). Further in the next paragraph the authors used the phrase "...indefinite detention..." regarding Padilla. Now the researcher has a better grasp of where to look in the Westlaw Key numbers for habeas corpus.
7. This time at the "Custom Digest" area the researcher decides to check,"197 II. GROUNDS FOR RELIEF;ILLEGALITY OF RESTRAINT, k441-k600". For search terms and/or connectors the researcher added Rumsfeld & Padilla. The result was the Supreme Court case that he had researched earlier in the print version.
To compare the online version of Westlaw to the regular print version, you must admit how the online version surpasses the print version in options and efficiency. Inevitably it must be noted if the online version of Westlaw is user friendly? The answer is no, but with a condition. The creators of the online version of Westlaw are aware that it can be a difficult system to use, so they offer many options for the novice on how to use the system.
For example when you log on to the system,the database offers you the opportunity to either talk to someone directly by phone or email someone at Westlaw. If you need training on the system Westlaw notes,"For schedules of free classroom training available from legally trained professionals at West Information Centers in most major cities,...". Like the Federal Practice Digest 4th the online verison of the Key numbers covers many of the same Key number subjects. The digital version of Westlaw is much more precise in answering the question concerning the beginning of case coverage. In the "ALLFEDS" area under the topic "Scope" Westlaw notes,"Coverage:Begins with 1790". In the Research Fundamentals area under the subject "How to Find Cases" it is noted,"Cases appear on Westlaw within hours or days of their release by the courts"(2009,2). Westlaw online does a much better job of informing the researcher about their coverage than the print version.
The reader might ask which is the best version? The online version is certainly the best in all areas as compared to the print version. One objection to the online version is that the user might tire of constantly looking at a computer screen. If this is the case he or she can easily print out a case or even a legal definition from Black's Law Dictionary. The online version allows you the efficiency of online research with the option of printing your information.
In addition to the benefit of these online features,another way in which the user gains time and sometimes sanity is the ability to view your research trail. Perhaps one of the most frustrating elements of conducting a search in books is finding good information and then forgetting to mark where you found it! With the online research trail you do not have to deal with this problem. You click a button and it tells you the source you viewed and even the time at which you consulted the source! Many who have become accustomed to the print version of Westlaw might lament the fact that it has been surpassed by the online version. Indeed, it might take time to adjust to the online version. Yet with training courses available from Westlaw,email and a 24 hour phone service available, the transition should be relatively painless for an attorney or legal researcher.
Bibliography
Fallon,Richard H. and Daniel J. Metzler. 2007. Habeas Corpus Jurisdiction,Substantive Rights,and The War on Terror. Harvard Law Review 120, no. 8:2032-2112. http:harvardlawreview.org/issues/120/june07/fallon.metzler.pdf (accessed October 20th,2009).
Gaylord,Tom. Email. 2009.
Gregory, Vickie L. 2007. Foreward. Law librarianship in the twenty-first century, eds. Roy Balleste, Sonia Luna-Lamas and Lisa Butler Smith. Lanham, Md: Scarecrow Press.
Sloan, Amy E. 2003. Basic Legal Research: Tools and Strategies. New York: Aspen Publishers.
Thomson West. 1989. West's Federal Practice Digest 4th. Abandoned and Lost Property to Action. Vol. 1 of West's Federal Practice Digest 4th. St. Paul: West Publishing Company.
Thomson West. 1989. West's Federal Practice Digest 4th. Descriptive-Word Index DR-G. Volume 98 of West's Federal Practice Digest 4th. St. Paul: West Publishing Company.
Thomson West. 1989. West's Federal Practice Digest 4th. Descriptive-Word Index H-LH. Volume 98 of West's Federal Practice Digest 4th. St. Paul: West Publishing Company.
Thomson West. 1989. West's Federal Practice Digest 4th. Grand Jury to Habeas Corpus. Volume 58A of West's Federal Practice Digest 4th. St. Paul: West Publishing Company.
Thomson West. 1989. West's Federal Practice Digest 4th. Table of Cases Ro-Sh. 2009 Cumulative Pamphlet Covering Opinions 2000 to Date.
WESTLAW. www.westlaw.com.
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