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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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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
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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
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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
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UELMA Basics The state must appoint an official publisher for each type of legal material. (Section 2) Tarlton Law Library
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UELMA Basics The official publisher must designate as official any legal material published only electronically. (Section 4) Tarlton Law Library
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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
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UELMA Basics Electronic legal material that is or was designated as official must be securely preserved. (Section 7) Tarlton Law Library
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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
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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
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AALL Tracking Chart http://www.aallnet.org/main- menu/Advocacy/aallwash/Advocacy-Toolkit/7- Uniform-Electronic-Legal-Material- Act/UELMAbillchart.pdf Tarlton Law Library
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Additional Resources State–by-State Report on Authentication of Online Legal Resources (2007) http://www.aallnet.org/main- menu/Publications/products/Report-on- Authentication-of-Online-Legal-Resources.html Tarlton Law Library
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Additional Resources Text of UELMA: http://www.law.upenn.edu/bll/archives/ulc/aps elm/UELMA_Final_NC_2011wocomments.htm http://www.law.upenn.edu/bll/archives/ulc/aps elm/UELMA_Final_2011.htmhttp://www.law.upenn.edu/bll/archives/ulc/aps elm/UELMA_Final_2011.htm (with comments) Tarlton Law Library
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Additional Resources UELMA Drafts, Memos, etc.: http://www.law.upenn.edu/bll/archives/ulc/ulc. htm Tarlton Law Library
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