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LAW LIBRARY JOURNAL LAW LIBRARY JOURNAL Vol Vol. 110, No. 2 Spring 2018 LAW LIBRARY JOURNAL LIBRARY LAW LAW LIBRARY JOURNAL Vol. 110, No. 2 Spring 2018 Pages 181–300 110, No. 2 Spring 2018 Pages Vol. ARTICLES Access to the Justices’ Papers: A Better Balance [2018-8] Susan David deMaine 185 Horseless Carriages with Buggy-Whip Holders: The Failure of Legal Citation Reform in the 1990s [2018-9] Jamie Pamela Rasmussen 221 A History of the Digests [2018-10] Michael O. Eshleman 235 0023-9283(201821)110:2;1-I Vol. 110, No. 2 LAW LIBRARY JOURNAL Spring 2018 American Association of Law Libraries Editorial Staff Editor: James E. Duggan Assistant Editor: Tom Gaylord Publications Manager: Heather Haemker Production: ALA Production Services 2017–2018 Association Officers Gregory R. Lambert, President; Femi Cadmus, Vice President/President-Elect; Luis Acosta, Secretary; Jean L. Willis, Treasurer; Ronald E. Wheeler Jr., Immediate Past President; Elizabeth G. Adelman, Emily R. Florio, Mary Jenkins, Meg Kribble, Mary E. Matuszak, Jean P. O’Grady, Board Members; Kate Hagan, Executive Director. 2017–2018 Law Library Journal Board of Editors James E. Duggan (ex-officio), Tom Gaylord (ex-officio), Frank G. Houdek, Anne Klinefelter, Janet Sinder, members. 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 Assistant 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 © 2018 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. Statement of Ownership and Management Law Library Journal, Publication No. 23-9283, is published quarterly (spring, summer, fall, winter) by the American Association of Law Libraries, 105 W. Adams St., Ste. 3300, Chicago, IL 60603-6225. Annual subscription price, $125. American Association of Law Libraries, Kate Hagan, executive director, owner, and publisher; James E. Duggan, editor; Heather Haemker, managing editor. Periodical-class postage paid at Chicago, Illinois. Printed in the U.S.A. As a nonprofit organization authorized to mail at special rates (Section 423-12, Domestic Mail Manual), the purpose, function, and nonprofit status of this organization and the exempt status for federal income tax purposes have not changed during the preceding 12 months. Extent and Nature of Circulation (“Average” figures denote the average number of copies printed each issue during the preceding 12 months; “Actual” figures denote actual number of copies of single issue published nearest to filing date: Winter 2018, vol. 110, no. 1 issue [published June 25, 2018].) Total number of copies printed: Average, 326; Actual, 311. Paid and/or requested circulation: not applicable (i.e., no sales through dealers and carriers, street vendors, and counter sales). Mail subscription: Average, 94; Actual, 80. Free distribution by mail, carrier or other means, samples, complimentary and other free copies: Average, 77; Actual, 80. Total distribution: Average, 106; Actual, 90. Copies not distributed: office use, leftover, unaccounted, spoiled after printing: Average, 150; Actual, 150. Returns from news agents: not applicable. Total (sum previous two entries): Average, 333; Actual, 320. Percentage paid: Average, 58%; Actual, 52.9%. Vol. 110, No. 2 LAW LIBRARY JOURNAL Spring 2018 Table of Contents General Articles Access to the Justices’ Papers: A Better Balance Susan David deMaine 185 [2018-8] Horseless Carriages with Buggy-Whip Holders: Jamie Pamela Rasmussen 221 The Failure of Legal Citation Reform in the 1990s [2018-9] A History of the Digests [2018-10] Michael O. Eshleman 235 Review Article Keeping Up with New Legal Titles [2018-11] Benjamin J. Keele 261 Nick Sexton Regular Features Practicing Reference . Mary Whisner 283 My Year of Citation Studies, Part 2 [2018-12] Memorial: Alfred Joseph (Al) Coco (1933–2017) Patrick E. Kehoe 295 [2018-13] Denny Haythorn Laura N. (Lolly) Gasaway Mark E. Estes The leading voice of English case law since 1865. Old, free(ish) and single since 2017. The Law Reports and The Weekly Law Reports, along with ICLR’s other authoritative series of reports, are now exclusively available at iclr.co.uk. So, if your library ever fields requests for English cases, you should consider signing up. iclr.co.uk LAW LIBRARY JOURNAL Vol. 110:2 [2018-8] Access to the Justices’ Papers: A Better Balance* Susan David deMaine** But the Constitution does not belong to judges, as a mystery intelligible only to a priestly caste, and it does not belong to political activists, as a set of incendiary talking points. It belongs to the people. It is our responsibility to judge the Court, and it is our judgment that must be decisive in the end.1 This article explores the history of Supreme Court Justices’ papers and their status as private property. It discusses questions of access, the public’s interest in understand- ing the Court and its decisions, and the effect of the Justices’ papers on scholarship and popular research. Several options for encouraging greater openness are proposed. Introduction .........................................................186 The Problem: Justices Set the Rules on Access to Their Working Papers ......187 The Public’s Interest in Accessing Justices’ Papers .........................193 Nature and Power of the Court .......................................193 Differential Treatment ..............................................196 Effect of Access to Justices’ Papers on Scholarship and Knowledge ........199 Privacy Interests ......................................................202 * © 2018, Susan David deMaine. This article is the product of research funded by the Ameri- can Association of Law Libraries and LexisNexis, and I am very grateful for their support. I am also deeply indebted to my colleague Benjamin J. Keele. Without his insight, research, and editing, this project would not have come to fruition. Thanks also to Jessica Dickinson for her extensive research, Rena Seidler for her patient editing, and the members of the 2016 Boulder Conference for Legal Information, particularly Maria Protti, for their thoughtful comments. Finally, many thanks to the librarians and archivists at the libraries holding the collections listed in the appendix for their efforts, usually successful, to unearth information regarding original restrictions on the gifted or bequeathed collections. This article is accompanied by a dataset containing information, current as of September 2017, about all known extant collections of Supreme Court Justices’ papers, available at http://hdl .handle.net/1805/14462 [https://perma.cc/8CZ7-7CMS]. A comprehensive collection of this data was last undertaken in 1985 by Alexandra K. Wigdor. See Alexandra K. Wigdor, The Personal Papers of Supreme Court Justices (1985). After an initial collection of available data, I contacted the holder of the largest collection for each Justice, requesting further information on restrictions placed on the gift or bequest. This generated a response rate of sixty-six percent. Direct phone calls increased that response rate to over ninety percent. Public universities were the most responsive institutions; many were willing to share copies of donor agreements and wills. Other institutions have policies that do not allow such sharing of what is deemed private information. The appendix tabulates these restric- tions. ** Assistant Director for Information Services, Ruth Lilly Law Library, Indiana University
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