UELMA and U SWALL Annual Meeting San Antonio, TX March 31, 2012 Barbara Bintliff Tarlton Law Library University of Texas at Austin Tarlton Law Library.

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Presentation transcript:

UELMA and U SWALL Annual Meeting San Antonio, TX March 31, 2012 Barbara Bintliff Tarlton Law Library University of Texas at Austin Tarlton Law Library

What UELMA is Intended to Achieve UELMA provides guidelines to allow states to provide and preserve trustworthy electronic legal material to the public on a permanent basis. Tarlton Law Library

UELMA Basics Electronic legal material that has been designated official by the state government must be: – Capable of being authenticated; – Preserved; and – Permanently accessible Tarlton Law Library

UELMA Basics Each enacting state decides what legal material is covered by the act (Section 2). Three categories of mandated materials: State constitution State statutes (session laws and codes) Agency rules with the effect of law Tarlton Law Library

UELMA Basics The state must appoint an official publisher for each type of legal material. (Section 2) Tarlton Law Library

UELMA Basics The official publisher must designate as official any legal material published only electronically. (Section 4) Tarlton Law Library

UELMA Basics Official legal material in an electronic record must be capable of being authenticated. (Section 5) Authenticated electronic legal material is presumed accurate. (Section 6) Tarlton Law Library

UELMA Basics Electronic legal material that is or was designated as official must be securely preserved. (Section 7) Tarlton Law Library

UELMA Basics The official publisher must ensure that the preserved legal material is reasonably available for public use on a permanent basis. (Section 8) Tarlton Law Library

What’s Happening in the States UELMA has been introduced in six states so far: California *Colorado Connecticut Minnesota Rhode Island Tennessee Tarlton Law Library

AALL Tracking Chart menu/Advocacy/aallwash/Advocacy-Toolkit/7- Uniform-Electronic-Legal-Material- Act/UELMAbillchart.pdf Tarlton Law Library

Additional Resources State–by-State Report on Authentication of Online Legal Resources (2007) menu/Publications/products/Report-on- Authentication-of-Online-Legal-Resources.html Tarlton Law Library

Additional Resources Text of UELMA: elm/UELMA_Final_NC_2011wocomments.htm elm/UELMA_Final_2011.htmhttp:// elm/UELMA_Final_2011.htm (with comments) Tarlton Law Library

Additional Resources UELMA Drafts, Memos, etc.: htm Tarlton Law Library

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