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Law Library Journal / Winter 2020 Vol. 112, No. 1 Winter 2020 LAW LIBRARY JOURNAL LIBRARY LAW LAW LIBRARY JOURNAL Vol. 112, No. 1 Winter 2020 Pages 1–156 2020 Pages 112, No. 1 Winter Vol. ARTICLES Reinforcing the Infrastructure of Legal Research Through Court-Authored Metadata [2020-1] Andrew J. Martineau 5 Case Western Reserve University Law School Library: 125 Years [2020-2] Joseph A. Custer 47 The Gaps Model and Faculty Services: Quality Analysis Through a “New” Lens [2020-3] Alex Zhang and Sherry Xin Chen 95 Academic Law Library Director Status Since the Great Recession: Strengthened, Maintained, or Degraded? [2020-4] Elizabeth G. Adelman, Karen L. Shephard, Richard J. Patti, and Robert M. Adelman 117 0023-9283(202024)112:1;1-J Vol. 112, No. 1 LAW LIBRARY JOURNAL Winter 2020 American Association of Law Libraries Editorial Staff Editor: Tom Gaylord Publications Manager: Heather Haemker Production: ALA Production Services 2019–2020 Association Officers Michelle Cosby, President; Emily Florio, Vice President/President-Elect; Luis Acosta, Secretary; Cornell H. Winston, Treasurer; Femi Cadmus, Immediate Past President; Elizabeth G. Adelman, Emily M. Janoski-Haehlen, June Hsiao Liebert, Jean P. O’Grady, Karen Selden, Jason R. Sowards, Board Members; Vani Ungapen, Executive Director. 2019–2020 Law Library Journal Editorial Board Tom Gaylord, Chair; Helane E. Davis, Edward T. Hart, Benjamin J. Keele, Kelley Louis, Lacy Rakestraw, I-Wei Wang, Members; Heather Haemker, Staff Liaison. Law Library Journal ® (ISSN 0023-9283) is published quarterly in the Winter, Spring, Summer, and Fall by the American Association of Law Libraries, 105 W. Adams Street, Suite 3300, Chicago, IL 60603. Telephone: 312.939.4764; fax: 312.431.1097; email: [email protected]. Member subscriptions are $35 per year; nonmember subscriptions are $125 per year; individual issues are $31.25. Periodicals postage paid at Chicago, Illinois, and at additional mailing offices. POSTMASTER: Send address changes to Law Library Journal, AALL, 105 W. Adams Street, Suite 3300, Chicago, IL 60603. Advertising Representatives: Innovative Media Solutions, 320 W. Chestnut Street, PO Box 399, Oneida, IL 61467. Telephone: 309.483.6467; fax: 309.483.2371; email: [email protected]. All correspondence regarding editorial matters should be sent to Tom Gaylord, Law Library Journal Editor, Northwestern Pritzker School of Law, Pritzker Legal Research Center, 375 E. Chicago Ave., Chicago, IL 60611. Telephone: 312.503.4725; email: [email protected]. This publication is provided for informational and educational purposes only. The American Association of Law Libraries does not assume, and expressly disclaims, any responsibility for the state- ments advanced by the contributors to, and the advertisers in, the Association’s publications. Editorial views do not necessarily represent the official position of the Association or of its officers, directors, staff, or representatives. All advertising copy is subject to editorial approval. The Association does not endorse or make any guarantee with respect to any products or services mentioned or advertised in the publication. Law Library Journal is printed on acid-free paper. Notice All articles copyright © 2020 by the American Association of Law Libraries, except where otherwise expressly indicated. Except as otherwise expressly provided, the author of each article in this issue has granted permission for copies of that article to be made for classroom use or for any other educational purpose provided that (1) copies are distributed at or below cost, (2) author and journal are identified, and (3) proper notice of copyright is affixed to each copy. For articles in which it holds copyright, the American Association of Law Libraries grants permission for copies to be made for classroom use or for any other educational purpose under the same conditions. Vol. 112, No. 1 LAW LIBRARY JOURNAL Winter 2020 Table of Contents General Articles Reinforcing the Infrastructure of Legal Research Andrew J. Martineau 5 Through Court-Authored Metadata [2020-1] Case Western Reserve University Law School Joseph A. Custer 47 Library: 125 Years [2020-2] The Gaps Model and Faculty Services: Quality Alex Zhang 95 Analysis Through a “New” Lens [2020-3] Sherry Xin Chen Academic Law Library Director Status Since Elizabeth G. Adelman 117 the Great Recession: Strengthened, Maintained, Karen L. Shephard or Degraded? [2020-4] Richard J. Patti Robert M. Adelman Review Article Keeping Up with New Legal Titles [2020-5] Susan Azyndar 135 Susan David deMaine LAW LIBRARY JOURNAL Vol. 112:1 [2020-1] Reinforcing the Infrastructure of Legal Research Through Court-Authored Metadata* Andrew J. Martineau** This article examines how the role of the court system in publishing legal information should be viewed in a digital, online environment. It then argues that courts should author detailed, standardized metadata for their written work product. This practice would result in immediate, identifiable improvements in free and low-cost case law databases, and may beneficially impact the next generation of AI-powered research tools as well. Introduction ...........................................................6 Access to Legal Information in a Digital Age ...............................6 Digital Legal Information: Theoretical and Practical Implications ...........7 Modeling the Drift Toward Digital: Winners and Losers ..................14 Improving Public Access to Case Law Through Structured Metadata .........20 Government as Data Provider .........................................21 Structured Metadata: The Big Picture ..................................24 The Proof Is in the Patents: Comparing Google Patents with Google Scholar ..............................................26 How Structured Metadata Can Reinforce the Infrastructure of Legal Research ................................................28 How Might Court-Authored Metadata Affect Cutting Edge Research Tools?. 36 Where Do Librarians Fit In?. 41 Conclusion ..............................................................44 * © Andrew J. Martineau, 2020. Winner, Open Division, 2019 AALL/LexisNexis Call for Papers. ** Instructional Services Librarian and Assistant Professor, University of Minnesota Law Library, Minneapolis, Minnesota. This is a revised, updated, and expanded version of Andrew Martineau, My Lawyer Has a First Name, It’s G-O-O-G-L-E: Improving Online Access to Case Law Through Court-Provided Metadata (Culminating Experience Project for MLIS, University of Wash- ington Information School, May 13, 2013). I would like to thank Penny Hazelton, whose comments and insights on early drafts of this paper significantly altered its ultimate trajectory. Likewise, I’d like to thank my classmates in the 2013 University of Washington Law Librarianship Program for letting me bounce ideas off of them (even though they had their own papers to write). The participants of the 2016 Boulder Conference on Legal Information deserve my thanks as well for helping me solidify and organize the ideas in this article. Thank you to the librarians at the University of Minnesota Law Library for their helpful feedback, and to Connie Lenz and Scott Dewey in particular for their detailed comments. Finally, I am especially grateful to Miranda Snyder who, after proofreading dozens of drafts of this article over the years, should be awarded a medal (and maybe an honorary J.D./M.L.I.S). 5 6 LAW LIBRARY JOURNAL Vol. : Introduction ¶1 Technology has dramatically altered the legal information landscape over the past half century. This extended, ongoing transition from print to digital has exposed conflicting interests among legal publishers, Internet-native companies, courts, the public, and law libraries. Many in the legal community now enjoy easy access to a much richer universe of information than they did in the print era. Oth- ers have not benefited equally from these technological innovations; in fact, as some of the basic tools of legal research cease to be available in print, their ability to access quality legal information may be in danger. ¶2 Law librarians have stood on the front line to confront, implement, and explain these technological advancements, and have guarded against their collat- eral harms. They regularly advocate for free public access to useful legal informa- tion, but this role becomes more difficult in times of lean budgets. Thus, law librar- ians should endorse policies that appropriately use the free market in furthering these goals. ¶3 This article argues that courts could help reinforce the “crumbling infra- structure of legal research”1 by including detailed, standardized metadata with their written work product. Part 1 describes how the creation, publication, and dissemination of legal information have evolved over the past few decades. Next, part 2 demonstrates how improved, court-authored metadata could help ensure that the public, solo practitioners, and small firms retain access to useful legal information as the legal publishing industry continues to evolve. Finally, part 3 outlines how law librarians might help the courts fulfill their roles as editors and publishers of legal information. Access to Legal Information in a Digital Age ¶4 Many scholars have covered the long history of U.S. legal publishing, from a variety of angles and perspectives.2 This part begins by reviewing scholarship that 1. This is a reference to Robert C. Berring, The Heart of Legal Information: The Crumbling Infrastructure of Legal Research, in L I
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