The document discusses building a legal research toolkit using open web resources to replace premium legal research services. It recommends assembling resources from dedicated IP sites, general law sites, non-legal interdisciplinary sites, and developing an information-seeking behavior focused on IP. Key components of the toolkit include news, professional organizations, law firms, law schools, trade associations, primary and secondary legal sources, and using social media and technology. The document emphasizes that open web resources require evaluating coverage, currency, accuracy, and developing strategies to stay updated as resources change over time.
3. Your Goal = Assemble a Toolkit to
meet your professional needs…
4.
5. • Dedicated IP sites
– Open web
– Semi open web
• Dedicated General Law Sites
– Capture IP content
• Non-Legal Interdisciplinary Sites
– Sprectrum from pure news to high scholarship
– Capture IP content
6.
7.
8. Develop your own information
seeking behavior….
• Focus on IP but works with most other areas
of law
• Change is constant…tomorrow and site may
be gone
• Info social networking key
• Become a junk mail junkie
9. • Law Firms
• Corporations
• Government
• Universities
• NGO
• Solutions Providers
• Public Policy
• Consultancies
10. Topics Lawyers Researching Using Internet Services
0
10
20
30
40
50
60
70
80
90
100
generalnews(77.8%)
lawyers(72.9%)
companies(66.8%)
legalnews(65.2%)
publicrecords(62.1%)
experts(41.3%)
judges(39.9%)
casedockets(38.2%)
state
administrative(36.8%)
state
legislation(35.9%)
federal
administrative(30.6%)
otherstate
legislation(29.6%)
federal
legislation(28.8%)
otherstate
administrative(27.6%)
legalforms(25.4%)
otherstatecase
law(22.9%)
statecase
law(22.8%)
federalcase
law(15%)
legalCitators(11.3%)
Topics
<2008 Legal Technology Survey Report by ABA>
Percentage(%)
Series1
How U.S. legal professionals use the Open Web
22. Try to create a
Lexis/Westlaw
“one stop shop”
Try to create a
Lexis/Westlaw
“one stop shop”
23. Strategies too keep up to date
• Develop portfolio of needs
• Examine your information seeking behavior
• Determines sites and tools that meet needs
• Determine options to harvest information
24. News
• IP news sites
• IP sites with news sections
• IP sites with email news delivery
• IP sites with RSS enabled pages
• Search sites with alerts
• Social Networking
– Blogs
– Listservs
– Newsgroups
– Linkedin Groups
– Twitter Following
– Facebook
– Social Bookmarking
25. What's an RSS Feed?
• RSS stands for Really Simple Syndication.
• RSS feeds are a way for websites to distribute
new content as it becomes available.
• Think of an RSS feed as a file that contains a
blog or website's most recent entries.
• By subscribing to a site's feed in Reader, you
will automatically be notified when that
website contains new posts or entries.
• Instead of checking sites repeatedly for
updates, RSS feeds bring your favorite websites
to you!
35. Law Schools
Intellectual Property
Akron, University of, LL.M.
Albany Law School, LL.M.
Boston University, LL.M.
Case Western Reserve University, LL.M.
Chicago-Kent College of Law, LL.M.
Dayton, University of, LL.M.; M.S.L.
DePaul University, LL.M.
Drake University, LL.M.; M.J.
Fordham University, LL.M.
George Mason University, LL.M.
George Washington University, LL.M.
Golden Gate University, LL.M.
Houston, University of, LL.M.
Indiana University-Indianapolis, LL.M.
John Marshall Law School (Chicago), LL.M.;
M.S.
Michigan State University College of Law
LL.M.; M.J.
New Hampshire, University of, LL.M.
San Francisco, University of, LL.M.
Santa Clara University, LL.M.
Seton Hall University, LL.M.
Thomas M. Cooley Law School, LL.M.
Washington, University of, LL.M.
Washington University, LL.M.
Yeshiva University, LL.M.
42. Mandatory or Persuasive?
Example: Cases
• Determining when a court's decision is mandatory or
persuasive can be tricky, given the multiple jurisdictions
throughout the country and the layers of courts within each
jurisdiction.
• Our court systems are founded on the belief that there should
be fairness, consistency, and predictability in judicial decision
making. The doctrine that expresses this concept is labeled
stare decisis.
• In essence, stare decisis considers mandatory, or binding, an
existing decision from any court that exercises appellate
jurisdiction over another court, unless the lower court can
show that the decision is clearly wrong or is distinguishable
from the case at hand.
43. • When Decisions Are Mandatory
– Whether a decision of a particular court is mandatory, whether it must be
followed by another court, depends on the source of the decision. As a
general rule, the decisions of a court will be mandatory authority for any
court lower in the hierarchy. Decisions from a court lower than the one in
question are never mandatory.
• Federal Courts
– United States Supreme Court--The decisions of the United States Supreme
Court are mandatory authority in all courts, federal and state, when the
decisions cover points of federal law.
– United States courts of appeals--Decisions of the U.S. courts of appeals are
mandatory on district courts and other lower courts within the circuit. Court
of appeals decisions are persuasive authority in the other circuits, both for
other courts of appeals and for lower courts. Federal courts of appeals
decisions are not binding on state courts.
– United States district courts--The decisions of U.S. district courts are
mandatory on specialized lower courts if within the appellate jurisdiction of
the district court (i.e., bankruptcy, territorial courts, etc.). District court
decisions are not binding on state courts.
44. • 1. identical legal issues
• 2. substantially similar material legal facts
• 3. mandatory precedent
• But 'citation of the case in point [is] by no means the last word'.
• As Karl Llewellyn wrote, 'There is no precedent that the judge may
not at his need either file down to razor thinness or expand into a
bludgeon'.
• For example, the judge may 'explain' the case, 'limit it to its facts',
or somehow 'distinguish' it from your case. So, where you or your
client's opponent cites a governing precedent, see if you can 'file
down the case to thinness.
47. Open Web & Secondary Sources
Proprietary sources NOT on the Open Web
48. Secondary Sources on the Web
• Public domain treatises
– Including governments and some NGO
• Pirated treatises
• Selective law reviews
• Web pages
• Newsletters
• Blogs
50. What do you lose with LITE sites?
• Editorial enhancements
• Validation services (e.g. Keycite and Shepards)
• One search natural language boxes
• Robust terms and connectors
• Value added services (e.g. Folders, Custom
Menus, alerts, copy with citation… )
• Secondary source content
• Public records content
• Premium news content
51. Treatises
• Websites To Download Free EBooks
Google
Advanced
Search set to
PDF can find
treatises
Google
Advanced
Search set to
PDF can find
treatises
57. Open Web Court Decisions
• Megasites
• Boutique sites
• News sites
• Social media
• Court by Court
• No federated search
• But see Google Scholar
– scope is limited
58.
59. Open Web : Docket Tracking
• NGO sites
• Court by court
60. Open Web Administrative Decisions
• Board of Patent Appeals & Interferences
• Trademark Trial and Appeals Board
• Copyright Appeals Letters
• Copyright Royalty Tribunal Opinions
61. Open Web Federal Statutes
• Megasites
• Boutique sites
• News sites
• Social media
• Government sites
• Agency sites link out
74. • Directory of Intellectual
Property Offices
• WIPO Lex
• WIPO-Administered Treaties
• Patent Cooperation Treaty
• Trademark Law Treaty
• Madrid Protocol
• Internet Sources for
Intellectual Property Case
Law
• Agreement on Trade-
Related Aspects of
Intellectual Property
Rights ("TRIPS")
• Berne Convention
• Paris Convention
• Universal Copyright
Convention
76. General Foreign Law Sites
You will have to
develop you own
supplemental lists of
foreign law sites
You will have to
develop you own
supplemental lists of
foreign law sites
80. I. Evaluating Legal Research Tools
Coverage
Currency
Accuracy
Value Added Features
Authority
Appropriateness
Cost
Perspective
Design- Usability
81. Coverage
What is the depth and breath of coverage
Does the source provide more than a few years of
coverage?
Can you search for older cases?
In a caselaw database are there missing cases or missing
courts?
Are there statutes or regulations as well as cases?
82. Currency
Is the information up to date?
When was the code last updated?
What is the most recent case loaded to the database?
What is the revision cycle of the database?
83. Accuracy
Can you identify any missing documents?
Does the secondary source provide verifiable
information with citations?
Are there errors in the documents?
Can you verify that the document has not been
altered since publication?
84. Value Added Features – Content & Technology
Search Features
Search for a known citation (find a document)
Search multiple databases (multiple jurisdictions)
Table of Contents / Index / Popular Names Table
Citator (or a way to search for all cases that cited to a known
case or statute or regulation).
Sort Features
Control how you review results
Document Features
Headnotes
Topics & keynumber
Pinpoint Pagination
Hyperlinks within document
85. Technology
• One Search (e.g. Westlaw Next)
• Natural language
• Folders, favorites, practice centers & other
organizational tools
86. Authority
Can you identify:
the author
the qualifications of the author
how to contact the publisher / producer
verifiable citations to the documentation behind the
statements
87. Other Ways to Evaluate a Source
Appropriateness
Is it clear who the intended audience is
Is the language, illustrations, and format adequate for
the audience
Perspective
What is the goal of the source
Is there a bias or is it objective