Readings Discussion

Retrieval of Information In the legal profession, there has been a problem with accurate information retrieval In the legal profession, there has been a problem with accurate information retrieval Many modern search tools lead to the phenomenon of “Information Overload” Many modern search tools lead to the phenomenon of “Information Overload”

“Employees spend an average of 8 hours a week, or 16% of their work week, looking for external information content” “Employees spend an average of 8 hours a week, or 16% of their work week, looking for external information content” -Outsell Inc, Outsell Inc, 2001 How much money could be save if employees had better access to information? How much money could be save if employees had better access to information?

The Semantic Web Enable computers to understand what the web is about and allow them to undertake more “intelligent” tasks Enable computers to understand what the web is about and allow them to undertake more “intelligent” tasks Enable users to exploit other forms of information by changing the way that web searches are performed Enable users to exploit other forms of information by changing the way that web searches are performed

The current Web is based on HTML format The current Web is based on HTML format font face="arial, helvetica, sans-serif" size="+1" color="#000000"> Las Ketchup Retail Price: $13.98 Our Price: <font face="arial, helvetica, sans-serif" color="#990000">$12.99

The Semantic Web uses Ontologies The Semantic Web uses Ontologies We can describe the ontology of a program by defining a set of representational terms. Definitions associate the names of entities in the universe of discourse (e.g. classes, relations, functions or other objects) with human-readable text describing what the names mean, and formal axioms that constrain the interpretation and well-formed use of these terms. We can describe the ontology of a program by defining a set of representational terms. Definitions associate the names of entities in the universe of discourse (e.g. classes, relations, functions or other objects) with human-readable text describing what the names mean, and formal axioms that constrain the interpretation and well-formed use of these terms.universe of discourseaxiomsuniverse of discourseaxioms - -

Architecture of the Semantic Web XML- surface syntax, but no semantic constraints XML- surface syntax, but no semantic constraints RDF- data model for objects RDF- data model for objects OWL- adds vocabulary for properties and classes OWL- adds vocabulary for properties and classes Much of this architecture is still in the developmental stage Much of this architecture is still in the developmental stage

Law and the Semantic Web 3 stages of legal web development 3 stages of legal web development 1) Publishing 2) Applications 3) Services 1) Publishing 2) Applications 3) Services The Semantic Web falls under Stage 3 The Semantic Web falls under Stage 3 Goal is to produce new legal environments Goal is to produce new legal environments for interaction between judges, prosecutors, lawyers, and citizens. for interaction between judges, prosecutors, lawyers, and citizens.

Legal Domain Is Information Retrieval the same as retrieving a document? Is Information Retrieval the same as retrieving a document? Retrieval ≠ Understanding Retrieval ≠ Understanding The goal of consulting legal information is to determine if an action is legal, not to just simply obtain the information The goal of consulting legal information is to determine if an action is legal, not to just simply obtain the information

Legal Ontologies “Law is concerned with overt behavior, but assigning responsibility to individuals, mental concepts like intentions and predictability play a crucial role” “Law is concerned with overt behavior, but assigning responsibility to individuals, mental concepts like intentions and predictability play a crucial role” Goal of legal ontologies is to add some philosophical and common-sense criteria to the construction of legal information systems Goal of legal ontologies is to add some philosophical and common-sense criteria to the construction of legal information systems

What is the Law? “A Rule of conduct or action prescribed or formally recognized as binding or enforced by controlling authority” “A Rule of conduct or action prescribed or formally recognized as binding or enforced by controlling authority” - Merriam-Webster’s Dictionary - Merriam-Webster’s Dictionary

Concept of Authority Primary: case law, statues, regulations Primary: case law, statues, regulations Secondary: explanations of primary Secondary: explanations of primary -Use secondary first, primary second -Use secondary first, primary second Mandatory Authority vs. Mandatory Authority vs. Persuasive Authority Persuasive Authority

Jurisdiction Area in which a court or other government body is empowered to act. Area in which a court or other government body is empowered to act. Supreme Court has ultimate jurisdiction Supreme Court has ultimate jurisdiction Examples: Examples: Same sex marriages (State Law) Same sex marriages (State Law) Abortion (Supreme Court) Abortion (Supreme Court)

Common Law Up to the courts to determine the meaning of statues of regulations, method practiced in the United States Up to the courts to determine the meaning of statues of regulations, method practiced in the United States Outcome of past cases should control the outcome of present cases Outcome of past cases should control the outcome of present cases Resolutions are classified as strong/weak and not just as right/wrong Resolutions are classified as strong/weak and not just as right/wrong

Legal Research “Game plan” 1) Issue of the case 1) Issue of the case 2) Search Terms- synonyms 2) Search Terms- synonyms 3) Jurisdiction 3) Jurisdiction 4) Format- electronic, written 4) Format- electronic, written 5) Research Secondary Sources 5) Research Secondary Sources 6) Research Primary Sources 6) Research Primary Sources 7) Rules of Procedure 7) Rules of Procedure

Access to Legal Resources Free resources: Findlaw and LexusOne Free resources: Findlaw and LexusOne Shepard’s Citations: research to make sure a case is still “good law” Shepard’s Citations: research to make sure a case is still “good law” Online Government Sites Online Government Sites Supreme Court Supreme Court Federal Circuit Courts Federal Circuit Courts

Branches of the Government

Judicial Branch Goal of branch is enforcement of the laws Goal of branch is enforcement of the laws 3 types of courts 3 types of courts 1) Trial Courts 1) Trial Courts 2) Appeals Courts 2) Appeals Courts 3) “Court of Last Resort” 3) “Court of Last Resort” -Decisions of higher court may be considered “binding” on lower courts -Decisions of higher court may be considered “binding” on lower courts

Legislative Branch Goal of the Branch is the development of the laws Goal of the Branch is the development of the laws Statutes are passes and then grouped in subject order in Code Books Statutes are passes and then grouped in subject order in Code Books Codes usually 1 to 2 years out of date Codes usually 1 to 2 years out of date United States Annotated Code- United States Annotated Code- closest thing to real time closest thing to real time

Executive Branch Headed by the President Headed by the President Delegates the authority to implement the legislative statutes- i.e.. The EPA Delegates the authority to implement the legislative statutes- i.e.. The EPA Challenge is to track down the rules and regulations from state/federal agencies Challenge is to track down the rules and regulations from state/federal agencies Regulation printed in the Federal Registry, Regulation printed in the Federal Registry, then by subject in the Code of Federal Regulations then by subject in the Code of Federal Regulations

Legal Policy The recent question is who should ultimately have copyrights to many of these information sources? The recent question is who should ultimately have copyrights to many of these information sources?

Findlaw vs. Jutstia.com September 22, Findlaw Co-Founder Stanley registers the domain justia.com. September 22, Findlaw Co-Founder Stanley registers the domain justia.com.justia.com April 7, Stanley is fired after Findlaw is sold to West Publishing April 7, Stanley is fired after Findlaw is sold to West Publishing On April 10, Stanley signs a Separation Agreement and returns it to FindLaw On April 10, Stanley signs a Separation Agreement and returns it to FindLaw April 15, Stanley sends a letter to West saying he might choose to engage in a "Competing Business" April 15, Stanley sends a letter to West saying he might choose to engage in a "Competing Business" On April 16, 2003, Stanley incorporates Justia Inc. in Nevada On April 16, 2003, Stanley incorporates Justia Inc. in Nevada On May 29, 2003, Justia Inc. files with the California Secretary of State to do business in California On May 29, 2003, Justia Inc. files with the California Secretary of State to do business in California

According to West, justia.com is: According to West, justia.com is: "for all intents and purposes FindLaw II," and as such violates Stanley's covenant not to compete with West. West moved to stay Stanley's California action and leave matters in the hands of the Minnesota court." "for all intents and purposes FindLaw II," and as such violates Stanley's covenant not to compete with West. West moved to stay Stanley's California action and leave matters in the hands of the Minnesota court." On January 7, On January 7, a court in Minnesota issued a temporary injunction against Stanley that shut down justia.com. a court in Minnesota issued a temporary injunction against Stanley that shut down justia.com. temporary injunctionjustia.comtemporary injunctionjustia.com

Case Issues Who has the right to use the information? Who has the right to use the information? Did Stanley violate his agreement? Did Stanley violate his agreement? What defines a public record? What defines a public record? What is the case Jurisdiction? What is the case Jurisdiction?

Discussion Wrap-up Any other questions/comments about the reading? Any other questions/comments about the reading?

Ms. Yolanda P. Jones Ms. Jones received her B.A. from the University of Illinois, Urbana, her J.D. from the University of Michigan, and her M.S.L.S. from Atlanta University. Prior to joining the library staff at Villanova, Ms. Jones was a librarian at Indiana University School of Law, the University of Miami School of Law and an intern at the Library of Congress.

She currently works as a Legal Research Instructor for the Villanova University Law Library She serves as the Assistant Director of Electronic Information Services