Information Literacy In Legal Research Instruction Kumar Percy Jayasuriya

Roadmap for Information Literacy  Introductions  Information Literacy in Legal Research Instruction Determine the nature and extent of information needed Determine the nature and extent of information needed Access information effectively and efficiently Access information effectively and efficiently Evaluate critically the source of information Evaluate critically the source of information Social and Ethical Considerations Social and Ethical Considerations Take away: Applying IL to Legal Research Instruction Take away: Applying IL to Legal Research Instruction  Information Literacy Assessment Tools  Putting IL in FCIL

It’s legal for a minor to cover Gang Tattoos

Overall Objective: Teaching mechanics and critical thinking  Critical evaluations skills can be taught while teaching the mechanics of legal research  We explain why we use citator as we teach them how to use a citator.

Standards for a reference interview  Does the user get the information needed  Does the user learn something about how to find information  Does the user learn something about how to evaluate information  Is the user satisfied with the interaction Jonathan Miller, Quick and Easy Reference Evaluations: Gathering Users’ and Providers’ Perspectives, 47 Reference and User Services Quarterly 218 (Spring 2008)

Standards  Determine the nature and extent of information needed  Access information effectively and efficiently  Evaluate critically the source of information  Incorporate the information into the person’s knowledge base  Use information effectively to accomplish a specific purpose  Understand the ethical and social issues regarding the information and use the information ethically and legally ACRL Standards for Information Literacy: #ildef #ildef

Learn Nature of Information  Hierarchy of legal system researched Must a state regulation be authorized by a statute? Must a state statute be authorized by state constitution?

Learn Nature of Information  Legal authority of each document What is the legal authority of an opinion from the Board of Patent Appeals and Interferences

Using your knowledge about the nature of legal information Find the statute to learn more about the regulatory scheme

Using your knowledge about the nature of legal information From the Authority Citation you also find a case that explains the regulatory scheme.

Determine the nature and extent of information needed  Interdisciplinary material Know when to use it Know why to use it Know how that type of document has been treated in similar legal arenas.  Economics and social science resources can be used in a custody battle to predict what outcome is in the best interest of a child  Important to know how the judge(s) is/are likely to react to social science resources

Standards  Determine the nature and extent of information needed  Access information effectively and efficiently  Evaluate critically the source of information  Incorporate the information into the person’s knowledge base  Use information effectively to accomplish a specific purpose  Understand the ethical and social issues regarding the information and use the information ethically and legally ACRL Standards for Information Literacy: #ildef #ildef

Evaluate critically the source of information What is the Fed. Register good for? Find the issues analyzed during the drafting process. Find responses to public comments

Evaluate critically the source of information: I want to know if it is a problem for the NYSE to regulate itself. Find out what the experts think?

Evaluate critically the source of information  Understand the various kinds of information available in each type of legal document What do you find in the Federal Register that you can’t find in the CFR  Responses to Comments and Drafter’s Analysis What do you find in Congressional Hearings?  Expert testimony – policy arguments Congressional Reports?  Legislative intent and legal analysis, not policy arguments

Evaluate critically the source of information How current are these results? Find Regulations for Gun Collectors on GPO Access

Evaluate critically the source of information – how current is it? GPO PDFs don’t say; but their text-file versions do indicated last revision information

Evaluate critically the source of information – how current is it?

Standards  Determine the nature and extent of information needed  Access information effectively and efficiently  Evaluate critically the source of information  Incorporate the information into the person’s knowledge base  Use information effectively to accomplish a specific purpose  Understand the ethical and social issues regarding the information and use the information ethically and legally ACRL Standards for Information Literacy: #ildef #ildef

Access information effectively and efficiently Use knowledge of legal system to gain speed State legislatures will post new bills online, but not state codes Lexis/Westlaw very effective at providing up- to- date version of statutes and regulations State secretary of state is likely to have regulations Lexis / Westlaw may / may not be better

Standards  Determine the nature and extent of information needed  Access information effectively and efficiently  Evaluate critically the source of information  Incorporate the information into the person’s knowledge base  Use information effectively to accomplish a specific purpose  Understand the ethical and social issues regarding the information and use the information ethically and legally ACRL Standards for Information Literacy: #ildef #ildef

Ethical and Social Issues of Information -- Plagiarism  Recognize the norms of plagiarism in your community  Law School Acknowledge direct use of someone else’s words. Acknowledge any paraphrase of someone else’s words. Acknowledge direct use of someone else’s idea. Acknowledge a source when your own analysis of conclusion builds on that source. Acknowledge a source when your idea about a legal opinion came from a source other than the opinion itself. (Law School Plagiarism v. Proper Attribution: A Publication of the Legal Writing Institute (2003))

Ethical and Social Issues of Information Plagiarism  Law Practice? liberally borrow language and ideas  Two Hypothetical Problems– 1. Jane copies text from a paper she wrote for another course? 2. Jane drafted an innovative argument based upon an idea she read about in a legal newspaper? Plagiarism: Different in academia v. practice

Objectives in Designing a Class  Students should understand the legal system  Students should understand what kind of legal documents are available  Students should understand why they are looking for each document  Students should know how and when to update the legal documents (Cases are update with citators)

Objectives in Designing a Class  Based upon this knowledge students should pick the most efficient resources.  Students should know when to get further analysis from interdisciplinary material  Students should have a nuanced understand plagiarism

Roadmap for Information Literacy  Introductions  Information Literacy in Legal Research Instruction Determine the nature and extent of information needed Access information effectively and efficiently Evaluate critically the source of information Social and Ethical Considerations Take away: Applying IL to Legal Research Instruction  Information Literacy Assessment Tools  Putting IL in FCIL