Think blogs are fair game for citation in law review and journal articles, and even court opinions? You're not alone. (More after the jump.)

Did you know that October 14 was Open Access Day?  No?  That's ok, because Ed Greenlee and I didn't either until we were asked by Shawn Martin, Head of Scholarly Communication at Van Pelt library, to commemorate the event by giving a talk to the librarians on examples of Open Access in legal research and scholarship.  While the presentation was geared towards our library colleagues, we provided links to some important legal research tools that are available free of charge on the Internet.  They include:

Cornell University's Legal Information Institute.  The Legal Information Institute is a web portal to a large number of free web sites containing primary legal materials: case opinions, statutes, and administrative materials.

THOMAS.  The THOMAS site is maintained by the Federal Government and offers a wide range of legislative materials, from various versions of bills, to selected hearing transcripts and legislative history summaries along with hot links to key documents.

The Directory of Open Access Law Journals.  This site provides a list of institutions participating in the Open Access Law Program.

"Wikibooks" and virtual casebooks.  Wikibooks is an open source for a wide range of texts. At the present they offer a limited number of books in the area of law but Wikibooks will be a growing resource for open access legal texts.

Wex.  Wex is like Wikipedia but for legal information: it attempts to provide a community-edited legal encylopedia and dictionary.

eLangdell.  eLangell is an open source project of CALI (Computer Assisted Legal Instruction) program and the Berkman Center at Harvard Law School. Just initiated in June of this year, it will offer a variety of materials including multimedia course materials and case books.

Opencongress.org.  Part of the Sunlight Foundation's suite of free government information databases, Opencongress.org is an innovative example of bringing Web 2.0 tools like blogging, RSS feeds, and social bookmarking to the public policy arena.

As our presentation demonstrated, there are a great many resources for legal research out there that aren't named Westlaw or Lexis-Nexis.  And they are doing some innovative things in the way that legal information is presented online.  None of this would be possible without the Open Access movement's committment to unfettered access to, and use of, information resources.

Law librarians are regularly called upon to provide information with regards to how individual members of Congress have voted on certain topics.  As both a lawyer and a librarian, I am constantly amazed by the availability of U.S. Government information, including the voting records of our Federal Electorate, which is handily available on the Internet.  This is true process transparency in action, as part of what makes our democratic process great is the ability to hold our electorate responsible for their action (or inaction) through the voting process.  As we are on the heels of an important election, the interests of legal research and the public interest are once again intertwined.  I offer you below some legal resources by which you can make your own accounting before you head to the polls this November.  Beyond the near term elections, this information can help any student of the law track bills, examine a bill's history, and understand the voting records of our elected officials.

Project Vote Smart is a bipartisan-volunteer organization that has proclaimed itself the "voter's self-defense system."  This fantastic website makes accessible the voting records of every candidate and elected official from the President to local government officials in each state.  Another important feature is that the website breaks votes down by subject area to enable voters to examine how candidates cast their ballot on subjects of special importance to them, the individual voters.  Not only is the information readily available and presented in a format that is easily understood, Project Vote Smart provides a variety of search mechanisms, including an area code search, to assist voters to gain information on candidates who hold local government offices that they might not be aware of.  Additionally, the website enables RSS feeds to allow voters to stay informed and updated on a regular basis.

Thus, if you're nearing Election Day and can't decide on a candidate for either a federal, state, or local position, I would recommend visiting Project Vote Smart to see where your candidate falls on the issues that interest you.  If, on the other hand, you are interested in examining the roll call votes on a particular piece of legislation that is, or was, pending before either the House or the Senate, then you should also be aware of the official government websites described below.

THOMAS is a source of U.S. Government information that is organized and published by the Library of Congress.  Here, you can gain information relating to the roll call votes on every bill that went before the house (since 1990) as well as the Senate (since 1989) by visiting the roll call vote page.  Additionally, another two sources for examining roll call votes are the Clerk's office for the House of Representatives and the Secretary's Office of the Senate.

On each of these government sites, the roll call votes are broken down by Congressional Session and individual bills instead of individual members.  This information, however, when combined with that available through Project Vote Smart, allows any citizen to get the complete picture with just a few clicks of their mouse.

Here's a scenario with which you might be familiar.  You're working on a paper, and you know that the trend of what Americans think about some aspect of your topic is likely to be helpful in making your point. It could be anything from views on the legalization of marijuana, to the importance of the separation of church and state, to the legalization of abortion, to which candidate various groups will support for national office. There seems to be no limit when it comes to opinion polling. How do you get the data you need for your paper?  What are the options?

Generally, people using public opinion surveys look for one of three things:

1. An individual question that appears in one survey or that appears in several surveys over time (enabling a trend or time-series study). The sought-for elements are the question text (with potential or actual responses) and the frequencies for each response. This aggregate data is also called "marginals" or "toplines." This is the "Yes 40%, No 30%, Don't know 15%, Braindead 5%, Other 10%" information.
2. All the questions appearing in one survey. The safest way to retrieve a questionnaire's questions is to start from a known question in, say, iPOLL*, and search on that question's survey organization plus beginning and ending dates. iPOLL*, the Odum Institute* question database, and the Gallup Brain* offer a shortcut that might omit some of those modular questions recycled among concurrent surveys -- for each question retrieved, the database presents a hyperlink that assembles the questions. 
3. The raw data, or individual respondents' responses to each question, also known as microdata [where marginals are aggregate data]. Seldom if ever would you want microdata, even if you were to say, "I want the data for these questions." In most cases, what you really want are marginals, or frequency of response. Generally, you will need microdata only when you ask as a follow-up question: "I need to know how many Hawaiians hated Ronald Reagan" or "Do poor, uneducated city dwellers approve of school vouchers?" The trigger in these cases is the detail, the subgroups. Other potential microdata uses would involve relations among more than one question: "How many people who like mustard on their pretzels would pay $500 for an Eagles ticket?" Generally, unless you have viewed the survey's questions or codebook, it's likely not worth your time, or the time of the person who's going to help you with using SPSS or SAS, to re-process the raw data.
   

*It's safe to assume that more than 90 percent of you are interested in either 1. or 2. above. iPOLL, the Odum Institute and the Gallup Brain are the three places most people go for question-level info:

iPOLL (Roper Center), Penn Library Web. Authoritative, includes archived Gallup, Roper, and other pollster questions back to the 1930s. The Roper Center archives ABC News and New York Times media polls as well as Kaiser Family Foundation polls, Los Angeles Times polls, National Opinion Research Center polls, and Wall Street Journal polls; the jewels in the Roper collection are the Roper polls (including the famous "Bowling Alone" surveys), their Japanese and Latin American polls, and the Gallup Organization polls. The LexisNexis version of iPOLL, RPOLL, has identical content, but searching and question formatting are not so good. iPOLL draws from survey organization and survey sponsor press releases, survey reports, data documentation, and lots of other sources. I recommend it most highly.

Odum Institute Public Opinion Poll Question Database, Penn Library Web.  A fine small-scale competitor to iPOLL, covering the Harris Polls and the Network of State Polls (e.g., the Pennsylvania Poll, the California Poll). In the "Search" dropdown, choose "Question Text."

Gallup Brain, searchable via Sharon Black, Annenberg School Library. Gallup charges a pretty penny for access to their full archive question database. You will not get access by going through http://www.gallup.com/ either. As all the old Gallup polls and the main series of recent Gallup surveys appear in iPOLL, you can often get what you need without accessing the Gallup Brain.

There are other places to go for polling data. If you want to explore on your own, feel free to browse the University Library's Research Guide on Public Opinion Polls. However, there are also numerous specialized and local polling entities which do not appear in the guide. I would be happy to do my best to help you find and begin to use any of this data.

If you have questions about this kind of research, please feel free to contact me.

Reference librarians like to help people find useful information; it is one of the joys of our jobs.  Recently, I have been asked by several patrons where they can access PDF copies of information produced by the Federal Government.  As a reference librarian, I enjoy these kinds of questions because they provide terrific opportunities to both assist and educate patrons on a legal resource available, available to anyone free of charge, through the Government Printing Office (GPO).

The GPO is the Federal Government's primary centralized resource for gathering, cataloging, producing, providing, authenticating, and preserving published Federal Government information in all its forms.  The GPO's core mission--"Keeping America Informed"--dates to 1813, and it is this inherent function of government that GPO carries out on behalf of the public for all three branches of government and many of the federal agencies. 

One of the ways that GPO produces and distributes information products and services is through online access via their GPO Access website.  The information provided on this site is the official U.S. Government published version, and GPO Access makes approximately a quarter million titles available to the public.  Moreover, through GPO's partner websites, an additional half million titles are accessible.

The GPO has done a terrific job organizing access to materials produced by the Legislative, Executive, and Judicial Branches of our Federal Government.  Visiting these sites, you will encounter the kinds of resources reference librarians are asked about on a a daily basis such as the Legislative History of Bills, the Congressional Record, Conference and Committee Reports, Public and Private Laws, the Statutes at Large, the U.S. Code, the Code of Federal Regulations, the Federal Register, and Court Opinions, just to name a few.  It is important to note however, that excepting the Supreme Court materials, GPO Access only provides historical access to resources dating back to the 1990s.

GPO Access is a terrific resource that is both free and easy to use.  With just a little practice, researchers can save themselves and their clients a great deal of money by pulling resources from this open source.

Many of us, if not most, use popular online search engines like Google and Yahoo! to search the web. While these search tools often locate what we want, we might still wonder to ourselves, "What else can I have find outside of Google?"

General search engines retrieve web pages by employing "spiders" or robots to visit web pages periodically and index their content. These general search engines, however, are not effective in locating "deep" or "invisible web" pages--web pages that do not contain hyperlinks, which would otherwise allow spiders or robots to identify pages. Examples of web page file formats not indexed by search engines include image files (i.e. tiff and gif), streaming media (i.e. flash and mp3), specialized searchable databases, and pages intentionally excluded by a web page designer. Since the deep Web is, by some estimations, 400-550+ times larger in size than the "surface" or "visible" Web, the importance of deep Web searching becomes all the more apparent.

Deep Web searching is particularly appropriate when specific or precise information such as statistics or data are needed. Deep Web searching is also appropriate when authoritative, timely, and exhaustive information is needed.

If general search engines do not retrieve what you want, deep Web searching may be worth a try. Deep Web pages may be identified by using subject directories and search engines.

For academic research, well-regarded subject directories that canvass the deep Web include the Librarians' Internet Index and Infomine. General deep Web search engines include Incywincy and OAlster.  For in-depth deep Web searching, consider meta-search engines such as SurfWax and Copernic Agent.

If you wish to locate other deep Web search engines, type your key words in a general search engine such as Google, followed by "database." For instance, if "'air pollution' and database" is entered into Google, you will retrieve the Environmental Protection Agency's AirData web site, which provides "access to air pollution data for the entire United States."  For example, I tinkered with the AirData web site, and I was able to generate 2007 Philadelphia Air Quality Index Report (below).


If you are already visiting a web site and you wish to determine if deep Web searching is available, review the site map to see if the words "database "or "statistics" appear. In addition, you may also want to search for "database" within the web site's internal search engine.

While many previously-invisible pages are now visible with the use of general search engines, the breadth, depth, and weight of the deep web provide a glimpse into the information world beyond Google.  As the title of this post indicated, however, the deep Web is still an emerging front in the field of research and requires time, effort, and, sometimes some additional assistance.  With that in mind, if you are interested in learning more about your options regarding the deep Web, don't hesitate to contact me for more information.

You’ve heard that a regulation is due any day now, and you can’t wait to see it.  Where do you turn? 

The Office of the Federal Register has created the Public Inspection Desk to provide online access to materials that will be published in the Federal Register.  Typescript copies are available as PDFs.  Many federal agencies have been doing this for some time (e.g., the SEC) and probably will remain sources for advance copies of rules, regs and notices that will be published in Federal Register materials.  However, one of the most useful features of the Public Inspection Desk is the target date of publication.  If you are going to work in a regulatory practice, you will want to save this link: http://www.federalregister.gov/inspection.aspx.

This is only part of the story.  Federal rules and regulations touch on all aspects of our lives.  We know that new rules appear in the Federal Register.  And we also know that those rules are codified as regulations in the Code of Federal Regulations (CFR).  The Feds have even worked out how to help you find current regulations with nearly one-stop shopping – in the eCFR.

If you want to learn more about federal regulations and research in administrative law, I'll be conducting a presentation entitled "Administrative Law: Federal Rules and Regulations" at noon on February 23, 2009 in G-214.  Please contact me to sign up, as pizza will be provided.

Penn Law School is fortunate to be a beta site for Bloomberg Law (BLAW), a division of Bloomberg, a major provider of business and financial information.

If you have access to Biddle Law Library's electronic resources, you now have access to a new database: AudioCaseFiles (ACF). ACF provides multimedia access to audio opinions and trial video. You can search by course or casebook to locate material from 1L classes and 2L and 3L subjects.                                                           

Through streaming video, visitors to the site canl watch practitioners argue cases on products liability, antitrust, mergers and acquisitions, and other areas of the law. You can listen to the audio content through your computer or download it in MP3 format. Streaming trial video is also available.

 

As we enter the March Madness of The Final Four, here is a legal research tip that should help you to visualize the relationships between four primary legal sources.  I like to call them "The Big Four."

The Big Four comprises the following four resources: Statutes at Large, U.S. Code, Federal Register and Code of Federal Regulations.   Even if you forget the mechanics of moving from any one quadrant to the other three--as in basketball, practice makes perfect--you will be ahead of the game in your summer or permanent job if you can internalize the basic concepts portrayed in the chart below. 

You may also download this chart by clicking the following link: big four09.pdf.

The top 2 boxes in the Big Four chart are statutes passed by Congress.  The bottom 2 are regulations written by agency officials.  The bottom 2 are sometimes called "delegated legislation" because they cannot exist without statutory authority. 

It is also useful to read this chart from left to right.  The left 2 boxes are the chronological, historical record, while the 2 on the right are current, subject-arranged codes with obsolete matters dropped.   The left 2 are useful for legislative history and background information on regulations.  The right 2 are essential for practicing law today.  However, sometimes you have to consult the left 2 boxes for very recent laws, such as President Obama's American Recovery and Reinvestment Act, because they haven't yet migrated to their codified versions on the right.

The chart above shows a familiar statute, Title VII of the Civil Rights Act of 1964.  This is the title that forbids discrimination in employment on the basis of "race, color, religion, sex or national origin."  But how do you find it?  A glance at the chart will tell you that Title VII is the original title in the 1964 session law--not the title in the current U.S. Code, i.e. 42.  The move from left to right quadrants is one that even Scottie Reynolds might miss because it is a change in both number (7 to 42) as well as form (Roman to arabic). 

Things can get even more complicated when you realize that the 50 titles of the U.S. Code are usually not the same as the 50 titles of the C.F.R.  Conversion tables in paper are readily available in any law library or online on Westlaw.

Reference librarians in Biddle love to help people navigate the legislative/regulatory maze.   If you have any questions, stop by the Reference Desk anytime or call 215-898-7853.

Given today's challenging economic climate, more attorneys are choosing to turn away from fee-based databases (e.g. Lexis and Westlaw) and are instead conducting basic legal research utilizing free (and reliable) internet resources. 

Although not appropriate for every situation, free legal research databases offer an an attractive and cost-effective alternative for many researchers who are simply searching for basic legislative, regulatory, and judicial information. 

One of the primary websites utilized by researchers and librarians alike for accessing free legal information is GPO Access.  Maintained by the Government Printing Office, GPO Access is a web portal that provides free electronic access to a wealth of important information products produced by the Federal Government, including judicial opinions, legislative materials and regulatory information.  Some of the more popular materials linked to from GPO Access include: U.S. Supreme Court Slip Opinions and Docket Information; the U.S. Code; the Congressional Record; the Code of Federal Regulations; and the Federal Register.

Another outstanding website for finding free and relaible legal information is the Legal Information Institute (LII).  Maintained by the Cornell Law School, the LII provides publishes a series of “topical” pages that serve as concise explanatory guides and Internet resource listings for roughly 100 areas of law.  Access to free State and International legal resources is also provided.

If you still cannot find the information you are looking for via GPO Access or LII, be sure to consult some of the excellent research guides produced by academic law libraries that delineate the myriad of free legal resources available.  Georgetown and Duke Law Library research guides on free and low cost legal research are two wonderful examples of these easy-to-use guides that are chock full of useful information.  

Penn Law students entering the workplace this summer would be well-served knowing the basics of finding and utilizing appropriate free and low cost research materials.  Good luck and happy researching!

There are also a number of blogs on animal law.  The ABA hosts one.  There is an interesting animal law blog focusing on Pennsylvania law.   A favorite of mine is the Pet Trust Law Blog. All of these resources can give you inspiration for unique research topics, as well as suggest new areas of legal practice for you to explore.

Dear Online Search Expert,

I am an experienced searcher. I use Google all the time, but I am new to Westlaw. When I searched the Westlaw databases ALLSTATES, ALLCASES with the terms "power of attorney" and "conservator," it turned up the maximum of ten thousand documents. I modified it as follows: "power of attorney," "conservator," "new york," and I still got the same maximum of ten thousand documents. Something went wrong. What happened?

Frustrated 2L
 

Dear Frustrated 2L,

There are a couple of factors at work here.  Let's explore them.

First, we need to look at which databases you selected. If you had chosen a more relevant database, you would have received fewer, but more appropriate results. In short, selecting the right jurisdictional databases limits your results to relevant authority.

Similarly in legal practice, selecting a multi-jurisdictional database, whether in Lexis or Westlaw, will cost more than selecting a limited jurisdictional database. Larger more all encompassing databases are more expensive than smaller more relevant jurisdictional databases, resulting in less cost and better results. This will allow you to spend more time with analysis and writing.

Second, your search query can be improved. Adding terms narrows a Google search, but adding additional terms does the opposite with Westlaw. This has to do with Boolean connectors, such as AND or OR. Where there is no express connector, Google implies an AND between terms. On the other hand, Westlaw implies an OR, increasing the number of results.

Westlaw limits search results at 10,000 to reduce unnecessary strain on its servers, caused by poorly constructed search queries. In your case, adding "new york" would have increased the actual number of results from the hundreds of thousands into the millions.

What would I have done? I would have chosen a New York cases database like NY-CS. I would also have wanted "power of attorney" and "conservator" to be near each other in the discussion.   To do this, I would have run a search with a proximity connector (such as "/p" to search terms within the same paragraph) instead of an implied OR. Therefore, one search would be: "power of attorney" /p conservator. Using this search, results in 24 manageable cases.

Thanks for asking,
Online Search Expert