October 14

Radio Silence

I’ve been struggling with my fellowship this first few weeks/months.  The freedom is great, but I need goals and markers and plans.  Figuring out what to do and finding something meaningful to do with said time has been tough.  I know…poor me.  Too much freedom.  Too many exciting things to explore and work on.

Fortunately, I have a project/plan for the rest of my fellowship time.  Let’s just refer to it as “Project X” for the time being.  However, the nature of Project X is such that I won’t be blogging as much about the process as I have been.    At least I don’t think I will be.  As with everything this year, things are meant to be fluid and able to change and not get locked into things.  So I may end up blogging more.  Who knows.

Anyway, I just wanted to post that in case this appear to be a dead blog.

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October 7

Legal Needs and Library Collections

I’ve found one survey that comes close to what I was hoping to find : 2014 Civil Legal Needs of Low Income in Washington State Survey.  (Warning: PDF)  And it’s not perfect because it’s limited to low socio-economic outcomes.  There’s  possibly a second if the people from Findlaw can get back to me with detailed  results from this five year old survey.  I’m really surprised that no one seems to be researching the legal needs of Joe and Jane Public.

It seems that, when it comes to law, the collection development of primary legal materials can be summarized as COLLECT ALL THE THINGS.  Take, for example, the AALL County Public Law Library Collection standards.   What if it turns out that this is not what people actually need?  What happens when the time comes (and it may be here already) where a library’s budget is going to only be able to afford complete primary law OR incomplete law and secondary resources on certain topical areas?

I guess basically I’m just surprised that we’ve been doing collection development in a knowledge vacuum of what subjects people actually need to research.

On a somewhat related note, I went to a talk today on The Future of Libraries (which I always like to pronounce like a 1950s sci-fi movie announcer) and one of the speakers brought up an interesting point about metadata.  Basically, metadata is not neutral – it’s heavily influenced by the people that created it.  Take, for instance, the Dewey Decimal system.  The 200s in Dewey are for religion and 200-289 are dedicated to Christianity.  All other religions are crammed in those last 10 slots.  Which of course lead me to think about the Law’s version of the Dewey Decimal System, The West Key Number system.  Like Dewey, it too is an artifact of the 19th century and created by and for western white men.  What is missing from Key Numbers and, as a result, who is getting missed?  How is our current organization of legal information failing to serve the needs of all citizens?

I think I mentioned it earlier, but one of the things I was going to play around with this year is topic modelling, which I was clued into at the 2015 CALIcon.   I wonder if a more inclusive, and not to mention OPEN, taxonomy of law could be developed and if so, what it would look like?

October 5

The Who Cares Question

Now that I’m close – oh, so close! – to wrapping up my initial survey of available law online, as well as surveyed that which is available via law libraries,  I’m brought to Part Two of my research.  The “who cares?” question.  Yes, government publication of law online seems woefully inadequate…but can I prove it?  What does information poverty mean in the context of the legal needs of the public?  How can one assess the legal needs of the public?

No, seriously, I’m looking to crowdsource some research help here…how would you assess the legal information needs of the general public (or of the practicing bar, for that matter.)?

Some ideas:

  • Look at some number of cases published (All state supreme court cases in 2015, which btw according to CourtListener is a couple of thousand) and check their Table of Authorities?
  • Use something like Rich Leiter’s Leading Case Service as a corpus to see what the “most important” cases are, and their authorities are available?
  • See the most cited cases under a certain selection of West Key Numbers (e.g. Employment, Landlord Tenant, etc.  You know, biggies. No offense to 245 LOGS AND LOGGING) and check the TOA
  • Ethnographic interviews of pro se patrons (I honestly don’t think I have the resources to do this one in the time and depth it would need to be done.)
  • See if I can get some search query data out of online legal research sites? (May apply to the West Key Number selection above.)

I mean, is there really no list or article out there on the most common legal information/research/help needs of the general public or even research on what the most common legal problems facing people are?  I’m must be missing the correct search term.

 

October 1

Activity Summary – Weeks Five and Six

(Note: You’ll have to forgive the flightiness of today’s post – I seem to have brought a cold back with me from Indiana.)

The theme for the past two weeks has been detours.  Partly due to some geographic change (I went home for a visit) and partly due to life throwing a curve ball at my thought processes.  As I have three trips planned for October, I predict that trend will continue.

I started in on the state regulations survey.  Thus far, what has mainly stood out is that there are no archives (except maybe for some state versions of the Federal Register) and PDFs everywhere.  So, it’s not great, but it matches all other free law provided by governments.  The lack of archives is concerning.  I mean, I hope they’re somewhere, if not online?

Now that my primary law survey is close to wrapping up (I hope to be done with the surveys by the time I leave on Trip #2 on the 16th),I’m starting to ease into phase two of my fellowship – data analysis and research.

I decided to look to libraries and their collections to see if they are filling in the gaps that government doesn’t provide    So I sent out a survey via the law-lib and some AALL listservs and have gotten over 200 responses!  So that’s exciting.  November is going to be all about the data analysis.  This is all going to the “information poverty” and ” access to justice” research pile.

I have finally gotten around to activating my legal database research services subscriptions (thank you, Harvard Law Library!), and I begun doing some secondary research.  First things first, it looks like no one has written about legal information poverty or how it relates to access to justice, so that’s good.  I guess.  I mean, it would suck to try and have to figure out something else to write about but on the other hand WHY DON’T PEOPLE CARE ABOUT THIS?  This is an important issue!  Isn’t it?

Now a weird curveball… It turns out some of my tweets became the basis of a Above the Law column. Which is sort of funny timing because I had been thinking lately that one thing I’m getting from my Berkman Center experience is that being surrounded by so many people that are “famous” makes me appreciate my anonymity and how I have been liking not arguing with people or having to defend myself against a bunch of strangers on the Internet.  I’m a small fish in a big pond and I like it.  It’s been a peaceful few weeks, basically.   But the column did make me think about the legal practice world and technologists and the interactions between the two.   So I actually cracked open my other blog and wrote some there.

It also made me think about the ethical implications of new technology and whether they are an impediment or enticement to innovation.  (Spoiler alert: I think it’s the latter.)   So I think I’ll be throwing that on the research pile.  I guess I was going to eventually come to that, since so much of what I’m studying does eventually make its way back to the legal practice world –  tools and services for the public to use in lieu of attorneys, and therefore I need to be concerned about things that the legal practice world may do to stop it.  But there’s something about the conversations had in the legal practice world about the future of legal practice that I find so unsatisfying.

I visited with my therapist when I was home and one thing we talked about was “what counts as a success” for my time here.  That’s something I’ve been struggling with.  When you have a job or are in an educational program, there are duties and benchmarks that you need to hit.  Here’s there’s no requirements or benchmarks – just what I want to do .   What happens if I don’t formally publish anything?  Is just learning and researching enough?  How soon do I need to start getting manuscripts to publishers?  What happens if I keep getting hit by detours.  It’s oddly stressful, in a way, all this freedom.