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Dana Neac şu Visiting Adjunct Professor Pratt Institute, School of Information and Library Science, 144 West 14th Street , New York 10314 email: [email protected]; tel: 212-854-1345

LIS 684-Contemporary Issues in Law Libraries. Course Syllabus Semester: Summer I 2009 All course materials will be made available by the instructor

Class hours: Monday & Wednesday: 6-9:20 p.m. Room: 612 Office hours: Monday 5-6 pm (by prior appointment)

I. COURSE DESCRIPTION

1. DESCRIPTION

Contemporary Issues in Law Librarianship introduces the student to the world of law librarianship as a profession. It will address general aspects of law librarianship as well as all the concrete aspects of the profession, including working in a law firm library, public library or a law school library, and its various aspects, such as the role of the administrator, as well as that of the technical and public services librarian. Collection development, technology trends, and the world of library consortia will also be discussed

The Class: Each class meeting will be divided into three parts. (a) The instructor will introduce the days’ topic; then (b) a student will make a brief presentation on that topic using one of the readings for the day, and (c) the instructor and the students will finally discuss the topic integrating all the readings.

2. COURSE GOALS

The goal of this course is to introduce the students to the world of law librarianship and provide an overview of several current aspects of law librarianship, including collection development trends, digital preservation, privacy and copyright issues.

3. STUDENT LEARNING OBJECTIVES

The students enrolled in this course should come away from the course with a solid frame of reference about all the facets and content of law librarianship in the digital age, including the new trends in knowledge management (KM).

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4. COURSE CALENDAR /S CHEDULE

Week 1: Introduction to Law Librarianship in the Twenty-First Century

Monday, May 18: A Few Words on Law Librarianship

1. Mersky, Roy. History of Law Libraries , in LAW LIBRARIANSHIP IN THE TWENTY - FIRST CENTURY (Roy Balleste, et al. eds) 2. Berring, Robert. A Brief History of Law Librarianship, in LAW LIBRARIANSHIP ... 3. Donovan, James M. Skating on Thin Intermediation: Can Libraries Survive? In 27 LEGAL REFERENCE QUARTERLY SERVICES , 95-116 (2008). 4. Danner, Richard. Skating with Donovan: Thoughts on Librarianship As a Profession. In 27 LEGAL REFERENCE QUARTERLY SERVICES , 117-136 (2008). 5. Donovan, James M. A Library Romantic’s Reply to Richard Danner In 27 LEGAL REFERENCE QUARTERLY SERVICES , 255-262 (2008). 6. Sears, Dennis. Vision: The Essence of Professionalism and key to the Future of Law Librarianship as a Profession. 98 Law Libr. J. 81 (2006).

Thursday, May 21: What Is a Law Librarian?

1. Sellers, C. L. Credentials and Credibility. AALL SPECTRUM v. 12 no. 4 (February 2008) p. 26-9 2. Whisner, Mary. “Law Librarian, J.D. or Not J.D.?” 100 LAW LIBR . J.185 (2008). 3. Brooks, Serena. Educating Aspiring Law Librarians: A Student’s Perspective. 97 LAW LIBR . J.517 (2005). 4. Pettinato, Tammy R. Legal Information, the Informed Citizen and the FDLP: The Role of Academic Law Librarians in Promoting Democracy, 99 LAW LIBR . J. 695 (2007). 5. How has the current economy changed the demands of your job? AALL SPECTRUM v. 13 no. 5 (March 2009) p. 34 6. Tarpinian, Lori. Let Them Know What You Do. AALL SPECTRUM 13 no3. (December 2008).

Week 2: How Many Jobs Are in a Law Library? Monday, May 25: No Class

Wednesday, May 27: 1. Gruben, Karl. Administration. in LAW LIBRARIANSHIP IN THE TWENTY -FIRST CENTURY (Roy Balleste, et al. eds) 2. Smith-Butler, Lisa. Public Services. In LAW LIBRARIANSHIP … 3. Anne Klinefelter. Collection Development, Licensing, and Acquisitions. In LAW LIBRARIANSHIP … 4. James Heller. Technical Services. In LAW LIBRARIANSHIP … 3

5. Bryan, Jennifer. The Evolution of Government Documents. in Law Libraries in LAW LIBRARIANSHIP …

Week 3: Legal Information – Research and Management

Monday, June 1: Legal Information – research 1. Westlaw rises to legal publishing fame by selling free information. http://www.citypages.com/2009-04-29/news/westlaw-rises-to-legal-publishing- fame-by-selling-free-information 2. Danner, Richard and Frank Houdek. LEGAL INFORMATION AND THE DEVELOPMENT OF AMERICAN LAW , Thomson West (2008), Chs. 4, 9, and 13 (to be distributed) 3. Palfrey, John (Creators, Pirates)

Wednesday, June 3: Managing Legal Information

1. Sunstein, Cass. INFOTOPIA . HOW MANY MINDS PRODUCE KNOWLEDGE . Oxford UP (2006), Ch. 5 “Many Working Minds: Wikis, Open Source Software, and Blogs” (to be distributed) 2. Maxwell, R. Flash and Substance: Blogs as Alternative Sources of Legal Information. AALL SPECTRUM v. 12 no. 4 (February 2008) p. insert 9-10 3. Riley, Duncan. Memo to journos: why you can’t trust Wikipedia #569 (http://www.crikey.com.au/2009/05/08/student-scams-journalists/ ) & http://www.irishtimes.com/newspaper/opinion/2009/0507/1224246059241.html

Week 4: Copyright: Ownership v. Licensing.

Monday, June 8: Recent Issues in Copyright

1. Crews, Kenneth D. COPYRIGHT LAW FOR LIBRARIANS AND EDUCATORS : CREATIVE STRATEGIES AND PRACTICAL SOLUTIONS , ALA (2006) (various chapters to be provided) 2. Prof. Michael H. Davis – co-author of Intellectual Property (Nutshell) will lecture.

Wednesday, June 10: Ownership v. Licensing

1. Shah, Manali. Fair Use and the Google Book Search Project: The Case for Creating Digital Libraries, 15 CommLaw Conspectus 569 (2007). 4

2. Davis TL. License agreements in lieu of copyright: Are we signing away our rights? Library Acquisitions-Practice and Theory Vol. 21(1), 19-28 (1997) 3. Canick, S. The Ownership Delusion. AALL SPECTRUM v. 12 no. 4 (February 2008) p. 30-3 4. Nichols, S. You Want What? How to Have Fun while Negotiating Contracts AALL SPECTRUM v. 12 no. 4 (February 2008) p. 10-12 5. Cannan, John. Terms That Bind. What Are You Agreeing to When you “Web 2.0)? AALL SPECTRUM v. 13 no. 5 (March 2009)p.28-31. Suggested reading: 6. Neary, Mary Ann, and George D. Wilson. Hello BLAW. Bloomberg Law, the Newcomer in Legal Research, Meets Academic Users. AALL SPECTRUM v. 13 no. 5 (March 2009) p.16-19.

Week 5: Digitization: Access, Privacy, Ethical, and Preservation Issues

Monday, June 15: Digitization and Collection Development Issues. Access and Preservation

1. Lenz, Connie and Wohl, Helen Does Form Follow Function? Academic Law Libraries’ Organizational Structures for Collection Development 100 LAW LIBR . J. 59 (2008) 2. Hoeflich, Michael. Serendipity in the Stacks, Fortuity in the Archives. 99 LAW LIB . J. 813 (2007). 3. Holcomb, Jean. Managing by the Book… Perfecting Negotiating Techniques, 99 LAW LIB . J. 851 (2007). 4. Space/Digitization –related articles from AALL Spectrum 9 th Annual Architecture Series, AALL SPECTRUM v. 13 no. 7 (May 2009) pp. 15-38 (excerpts) 5. Hellyer, Paul. Reference 2.0. The Future of Shrinking Print Reference Collections Seems Destined for the Web. AALL SPECTRUM v. 13 no. 5 (March 2009) p.24-27 6. Rhodes & Neacsu. “Preserving and Ensuring Long-Term Access to Digitally Born Legal Information” 18 INFORMATION & COMMUNICATIONS TECHNOLOGY LAW 39 (2009).

Wednesday, June 17: Digitization ,Privacy, and Ethical Issues

1. Dixon, H. B. The Lack of Effort to Ensure Integrity and Trustworthiness of Online Legal Information and Documents. AALL SPECTRUM v. 12 no. 4 (February 2008) p. insert3-6 2. Posner, Richard A. Privacy, Surveillance, and Law, 75 U. CHI . L. REV . 245 (2008). 5

3. Jaeger PT, McClure CR, Bertot JC, et al.The USA PATRIOT Act, the Foreign Intelligence Surveillance Act, and information policy research in libraries: Issues, impacts, and questions for libraries and researchers LIBRARY QUARTERLY . Vol: 74(2) 99-121 (2004) 4. Bowers SL. Privacy and library records. JOURNAL OF ACADEMIC LIBRARIANSHIP Vol: 32(4) 377-383 (2006)

Week 6: Law Librarianship: Are we really different from the other librarians? Are our consortia/organizations different?

Monday, June 22: Law Librarianship: Are we really different from the other librarians?

1. Bryan, Jennifer. The Evolution of Government Documents , in the Twenty-First Century in LAW LIBRARIANSHIP IN THE TWENTY -FIRST CENTURY (Roy Balleste, et al. eds) 2. Rumsey, Mary. Foreign, Comparative, and International Law Librarianship, in the Twenty-First Century in LAW LIBRARIANSHIP IN THE TWENTY -FIRST CENTURY (Roy Balleste, et al. eds) 3. Butler, Meg. Academic Achievers. Academic Law Librarians Promote Scholarship in the Profession. AALL SPECTRUM v. 13 no. 7 (May 2009), p. 28-30 4. The Spirit of Law Librarianship. A Reader. 2 nd ed. (Roy Mersky & Richard A. Leiter editors) (excerpts to be handed out)

Wednesday, June 24: Consortia and Organizations

1. Baish, Mary Alice. New Advocacy Toolkit for the 111th Congress. AALL SPECTRUM v. 13 no. 7 (May 2009) p. 7 2. Mao, David. From the Treasurer. Strong Fiscal Year Will Sustain AALL through Tough Times. AALL SPECTRUM v. 13 no. 7 (May 2009) p. 8-9 3. The Newsletter of the Committee on Relations with Information Vendors. AALL SPECTRUM v. 13 no. 7 (May 2009) (7 pages) 4. Leming, Theresa. I Took the Lead. AALL SPECTRUM v. 13 no. 5 (March 2009)p.20-22. 5. Thompson, Tracy L. The World of Library Consortia: Collaboration and Resource Sharing in the Twenty-First Century in LAW LIBRARIANSHIP IN THE TWENTY -FIRST CENTURY (Roy Balleste, et al. eds)

5. ASSIGNMENTS

The work you will be called upon to complete for this course is as follows:

1) Readings: 6

Consult the course calendar for the readings assigned for each class.

2) Weekly Reading Commentaries:

You have a total of 6 (six) “Reading Commentary” assignments. They are worth 60 points for a total of 100 points (60% of your total grade). From each week’s readings you will present on two or three readings. The instructor will approve the readings’ distribution so each class will have at least two students covering that day’s readings. One of those students will make a brief presentation of the chosen readings so in-class discussion will be encouraged.

Every commentary assignment is the same: For EACH article or chapter that you choose you need to articulate what you see as THE most important points. Each point should be summarized in a short paragraph. Do not quote from the article. Rather, paraphrase the language so I can see that you understand the material. These assignments should NEVER go shorter than 2-3 double-spaced pages (one page per reading).

4) Final Paper: By the third week of classes you should choose a topic of interest to you and which is related to law librarianship (whether we have discussed it in class or not) and – together with a short bibliography -- submit it to the instructor for approval. The final paper – no longer than 12 pages – should be submitted by the last day of classes.

6. ASSESSMENT AND GRADING

Your final grade will be based on the following:

Reading Commentary #1: 10 Reading Commentary #2: 10 Reading Commentary #3: 10 Reading Commentary #4: 10 Reading Commentary #5: 10 Reading Commentary #6: 10 Final Paper : 40

a. Weekly reading commentaries 60% b. Satisfactory completion of the final paper 40%

These additional factors will raise or lower the grade:

• Timeliness of submission: Each additional day will lower your assignment’s grade by half a grade.

• Class participation (in marginal cases)

7. TEXTBOOKS, READINGS, AND MATERIALS

7 a) LAW LIBRARIANSHIP IN THE TWENTY -FIRST CENTURY (Roy Balleste, et al. eds) Lanham, Md.: Scarecrow Press, 2007 – YOU NEED TO PURCHASE IT b) Danner, Richard and Frank Houdek. LEGAL INFORMATION AND THE DEVELOPMENT OF AMERICAN LAW , Thomson West (2008) (excerpts provided)

c) Crews, Kenneth D. COPYRIGHT LAW FOR LIBRARIANS AND EDUCATORS : CREATIVE STRATEGIES AND PRACTICAL SOLUTIONS , ALA (2006) (excerpts provided) d) Goldsmith, Jack and Wu, Tim. WHO CONTROLS THE INTERNET ? ILLUSIONS OF A BORDERLESS WORLD , Oxford UP (2006) (excerpts provided)

e) Various journal articles (e.g., LAW LIBRARY JOURNAL , AALL SPECTRUM etc.) (provided)

2. RECOMMENDED/OPTIONAL:

• Arthur R. Miller and Michael H. Davis, INTELLECTUAL PROPERTY : PATENTS , TRADEMARKS , AND COPYRIGHT (4th. ed., 2007). This text offers a short “nutshell” coverage of copyright law.

• Paul Goldstein, COPYRIGHT ’S HIGHWAY : FROM GUTENBERG TO THE CELESTIAL JUKEBOX (Revised edition, 2003). This is a revised edition of one of the earlier generally accessible responses by a law professor to the changes in the “information society” wrought by the Internet in the early 1990s. f) Carl Shapiro and Hal R. Varian, INFORMATION RULES : A STRATEGIC GUIDE TO THE NETWORK ECONOMY (1999). Despite its age, this book remains one of the best- written and most accessible introductions to important background business and economic concepts for information professions.

III. POLICIES

1. ATTENDANCE

Attendance is required. Absences will negatively affect your grade. Under normal circumstances you cannot get an ‘A’ if you miss more than two classes, and cannot ‘pass’ the class if you miss more than four classes.

2. OFFICIAL (A CCEPTED ) EXCUSES

These are instructor- and -approved excuses, major holidays, and family deaths.

3. GRADING 8

I do not grade on a formal curve. Everyone is graded on the merit of their own work and has the potential to get an ‘A.’ grading is based on a strict percentage scale.

4. Miscellaneous

All institute-wide policies listed in the "Community Standards" section of the Bulletin, such as those on attendance, academic integrity, plagiarism, computer and network use, and those about the needs of students with disabilities will apply. All applicable school and departmental policies will further compliment the course policies detailed in this syllabus.