it's a small world after all - law and legal information in 21st century
DESCRIPTION
A review of the legal world in the 21st century and an argument that open information ecosystems are vital.TRANSCRIPT
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It’s a Small World After All…
Sarah Glassmeyer @sglassmeyer
sarahglassmeyer.com
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An American librarian that works for a non-profit?
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What do we when we zoom out?
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Will MOOCs replace traditional legal education?
The technological changes affecting legal practice?
The Access to Justice crisis?
The legal employment and law school bubbles?
It’s a world of laughter…
A world of tears…
It’s a world of hopes…
and a world of fears…
It’s a small world after
all!
Saving Mr. Banks
There are many strange people and phenomena in the
world, but only Mary Poppins is
familiar with them all.
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http://minifigures.lego.com/en-us/bios/librarian.aspx
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Liberty Square
• The Courts• The Legislatures• Regulatory Agencies• Law making bodies
Main Street, USA
Main Street, USA
High Street, UK•Great majority of lawyers•Citizens with regular, basic transactional needs• E.g. Wills, basic business Ks
•Huge disconnect between the two• 80% need not being met
Tomorrow Land•SusskindLand• Not just tech
•NewLaw• Bringing new
techniques/technologies into existing practice • Keyword: Adaption• SeyfarthShaw’s Lean and Project
Management• Inksters’ Pop-Up Lawyers • Distance Education
Tomorrow Land•AltLaw• New practice areas• New players, tools, mechanisms• Keywords: creation, new• Shake – phone app to make
contracts• Collateral Consequences Calculator
from Columbia Law• LegalZoom / Form Automation • MOOCs – Massive Open Online
Courses
Tomorrow Land•Hackers• Punk aesthetic• Homegrown tools to serve themselves/communities• Keyword: DIY• Options: • EduPunk• LibPunk• LexPunk?
Fantasy Land•Our regulatory bodies• Law Societies• Bar Associations • University consortiums• Solicitor’s Regulatory Agency/Bar
Standards Board
• Funders• Fairy Godmother or Wicked Stepmother?• Education has more than one
Frontier Land
• Legal Aid / Public Defenders / Self-Represented• ER/A&E of legal help• Where Access to Justice Issues go to
live • …or go to die? •Hardships – Financial, Technological, Infrastructure
• Justice Desserts
Adventure Land• The legal academe
• Yes, you.• Translates law, provides
context• Incredible freedom to “think
big” via scholarship• How valuable is scholarship
really?
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Law students should be taught
to program computers!
TOMORROW LAND
Obviously you’ve never sat in a faculty meeting! And where
do we fit it in to existing curriculum?
http://www.pocket-lint.com/news/119987-have-yourself-lego-minifig-red-nose-day#
ADVENTURE LAND
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Can you change the rules so we can use
technology to increase Access to
Justice?
FRONTIER LAND
But what about the quality of the work?
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FANTASY LAND
You should publish law in a way so that people can use and
read it for free and not have to pay private companies!
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TOMORROW LAND
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LOL, WUT?
No.
LIBERTY SQUARE
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We just need some basic legal advice and help
with some transactional forms.
I can’t afford to help you.
Sorry!
HIGH STREET, U.K.
• Keyword: Content•Data• Unprocessed facts• Metadata• Law, when created, is data
• Information• Data put into context• Codifications, Annual Publishing
• Knowledge• Applied Information• Scholarship, annotations
Raw Material
DataInformation
Knowledge
Area CreatesConsume
s
Courts Raw Law, Rules Treatises, Annotations, Organized Law
High StreetTreatises, Annotations, Organized Law, Briefs,
case law
Treatises, Annotations, Organized Law, Raw Law,
Educational Materials
AltLaw/New Law/Hackers
Algorithms, processes, annotations
Treatises, Annotations, Organized Law, Raw
Law
AcademeTreatises, Annotations,
scholarship, educational materials
Treatises, Annotations, Organized Law,
educational materials
Governing Bodies
Treatises, Annotations, scholarship
Treatises, Annotations, Organized Law
Legal Aid/Public Defender/SRL
Briefs, case lawTreatises, Annotations, Organized Law, Raw
Law
Transportation•Keyword: Containers•Publishers• Government• Commercial (Thomson, Wolters, Lexis)• Non-Profit (LIIs)
•Format• Print vs. Electronic
Transportation•Vessel• Book / Article• CD-ROM / Internet
•Software• Proprietary• Cost• Compatibility
•Copyright
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Access to Information is a
human right.
Access to Information is
Access to Justice.
Justice and human rights issues are the business of everyone in Law
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Medium Data Information Knowledge
Law Raw Law
Codes, chronological
order arrangements
Annotations, Indexes
Scholarship Data set Organization – census tables Articles, books
Music Music note e.g. Eb6 Key e.g. G Major
Melody – Reflection (from
Mulan)
Visual Art Color, format
Method e.g. Pointillism ; color e.g. International
Klein Blue
"A Sunday Afternoon on the
Island of La Grande Jatte"
Education Questions, Readings
Problem Set, Syllabi
Casebook/ textbook
Story Archetype, style Moral, theme, fairy tale
Disney’s Cinderella
Most information and its methods of
dissemination are locked up – format, copyright, paywalls.
Most information has already been paid for several
times over.
Indexed and placed in electronic database
Published in Journal
Peer Review
Law journal article written
(School pays faculty salary)
(School pays faculty salary)
(School pays for subscription)
(School pays for subscription)
Libraries have traditionally been
the fail safe for information access.
The goal posts keep getting moved or
game is other wise rigged.
Corporate interests extend copyright
protections far beyond original contemplations
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Most of Disney’s early work based on public
domain tales.
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Publishers special treatment of digital materials prevents
ownership and other traditional rights and uses.
http://laughingsquid.com/lego-minifig-babies/
Orphan works represent 50% all digitized works and therefore are closed.
Technology has rendered much
of the added value of publishers
unnecessary.
The only way to guarantee Access to
Information is via Open Source and
Open Access.
•No monetary cost only part•Different levels• Prevent Remix, Commercial Uses, etc
• Creator can maintain ownership–Open via licenses like CC
• Access just as important–Containers in “bad” format–Should be obvious – no need to ask!
What is Open?
• Open Access • Content
• Open Source • Container
• Open Education and Open Educational Resources • Combination of Content and Container• Copyright and accessibility
• Open Law • Combination of Content and Container• Copyright and accessibility
What is Open?
Open Source and Open Access will
help or solve many problems facing the
legal world.
Creation of tools to increase productivity for lawyers and allow public to navigate legal world.
Open Legal Data:
Let public access the law that governs them and make decisions without an attorney.
Creation of open legal knowledge products?
Lower practice costs.• Last year Thomson/Reuters had $1,400,000,000
revenue from firms for basic legal research
Open Legal Information
Open Source ToolsProprietary software keeps people from owning electronic information
Also requires dependence on company
Allows legal start ups to live on after failure.
Open Education and OER
Removes barriers to education – distance, price, admissions
OE & OER benefits educators and students – formal and informal
No more reinventing wheel and low cost
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• Publish your scholarship in OA journal OR• Self-Archive• Retain your copyright
• Encourage academe creation of FOSS software•Use OS tools • Advocate to governments•Donate to LIIs/FOSS
What Can I Do?
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