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The End of Scholarly Bibliography: Reconceptualizing Law Librarianship*

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The End of Scholarly Bibliography: Reconceptualizing Law Librarianship* LAW LIBRARY JOURNAL Vol. 104:1 [2012-10 The End of Scholarly Bibliography: Reconceptualizing Law Librarianship* Robert C. Berring" The death of Professor Morris L. Cohen raises the question of the future of scholarly bibliography.Has the information revolution with its digitization of data and its fac- ile search engines transformed what once was a respected aspect of scholarship into a pursuit so specialized as to be seen as an antiquarianendeavor? In conjunction with this query, the history and status of law librariansis critically examined. An Encounter with the Past . .................................... 69 A Meditation upon Librarianship ................................. 71 Acquiring Information. ...................................... 72 Organizing Information . ..................................... 74 The Great Scholarly Bibliographers ................................ 75 Law Librarians as Scholars ...................................... 76 The Tao of Law Librarians: A Delayed Response to Professor White .......... 78 ThePlea.. ................................................ 81 11 The death of Morris L. Cohen serves as an important landmark for law librarianship in two senses. In the realm of the academy, it is a harbinger of the end of the age of the great bibliographer. Where once the academic community in gen- eral, and librarians in particular, paid special homage to those who gathered, described, and made accessible bits of three-dimensional information, such efforts are now becoming the sole province of the antiquarian. In the realm of the law library, Morris's passing raises some serious questions about the identity of the profession and of law librarians as scholars. Neither development is one that com- forts me, but they must be recognized. It may be time to rethink the dynamics of the profession of law librarianship. An Encounter with the Past 12 When I went to work at the Harvard Law Library as Deputy Director in the fall of 1978, Morris, then the Law Library Director, gave me a tour of the Langdell * @ Robert C. Berring, 2012. I wish to thank Dean Rowan of the Berkeley Law School staff for helpful comments and Ian McConnaha, Berkeley Law School class of 2012, for his research assistance. All mistakes, and all opinions, are my own. ** Walter Perry Johnson Professor of Law, University of California, Berkeley School of Law, Boalt Hall, Berkeley, California. 69 70 LAW LIBRARY JOURNAL Vol. 1o4:1 [2o12-1o] Library. This was a tour of the old incarnation of Langdell Hall, before the rebirth of the facility as a modern entity. An honest assessment would have been that the library was a shambles. There were pockets of stacks tucked in unlikely places, with many a surprise to be found therein. The technical services area contained tables filled with stacks of books, years' worth of volumes that had never been processed. There were diversions everywhere. The library exemplified the challenges of a uni- verse of information built of paper. 3 On the level where the bound volumes of Supreme Court records and briefs were shelved, there was a set of offices. This was the domain of emeritus faculty, along with the inimitable Professor Charles Donahue,' who relished having a cor- ner office in the oldest area of the stacks. We paused by one open door, and Morris took the opportunity to introduce me to Professor Sam Thorne.2 Professor Thorne had taken emeritus status at that point, but he was still at work. Other than his pleasant, if distracted, good manners, three things struck me about Professor Thorne. One was that he only read by natural light. He told me that when the sun no longer provided sufficient illumination, it was time to stop reading. There is something very pleasing about this thought, and it seemed to fit with Thorne's subject matter quite well. The second thing that impressed me was that he was spending his retirement years working on his masterful translation of Bracton.3 Seeing someone devoting his life to working through these ancient, puzzling vol- umes impressed me to no end. There was an intellectual purity to the endeavor. I was still naive about scholarship in 1978, and I found it amazing that a man would devote much of his adult life to working with such ancient materials, to bringing them under control. The third thing that amazed me: Morris informed me that Thorne was a former law librarian. 4 Though I had looked into the history of law librarians a bit, I had never heard that Thorne had served as one of our own.4 He did not define himself as a law librarian. Indeed, Morris counseled me that I should never mention it to him.' For this reason, Thorne stands astride both of my areas of inquiry in this essay. His work for the Selden Society over the years, carefully studying and annotating the Yearbooks and his work in the field of legal history as the translator of Bracton 6 are 1. Charles Donahue epitomized the world of scholarship discussed in this essay. He was not confident of the library's ability to catalog material to his standards, so he maintained his own card catalog in his office. He currently holds the Paul Freund Chair at Harvard Law School. 2. Samuel Thorne lived from 1907 to 1994. His obituary appeared in the New York Times of April 9, 1994. Samuel E. Thorne, Legal Historian,87, N.Y. TIMES, Apr. 9, 1994, at 11. 3. BRACTON ON THE LAWS AND CUSTOMS OF ENGLAND (Samuel E. Thorne trans., 1968-1977). 4. Though almost a decade has passed since I left the directorship of the law library at Berkeley to assume the position of Interim Dean and from there moved into a full-time faculty position, I will always consider myself a member of the profession of law librarianship. 5. Thorne's New York Times obituary, cited supra note 2, makes no mention of his having served as a law librarian. It is noted in the dagger footnote of his earlier writings and is noted in passing in some assessments of his work, but Thorne did not identify himself as a librarian. Morris Cohen's observation aside, I never heard of it. It is not noted in his festschrift. See ON THE LAWS AND CUSTOMS OF ENGLAND: ESSAYS IN HONOR OF SAMUEL E. THORNE (Morris S. Arnold et al. eds., 1981). 6. Thorne's work translating Bracton has been much celebrated. "Occasionally we get lawyers who, like Maitland, bridge the gap between authority and evidence. None has done so with greater or easier eminence than Professor Samuel E. Thorne." DeLloyd J. Guth, Samuel E. Thorne and Legal History in Law Schools, 80 MICH. L. REv. 765, 767 (1982). VOL. 1o4:1 [2012-101 THE END OF SCHOLARLY BIBLIOGRAPHY 71 examples of the careful bibliographic scholarship that was once the crown jewel of academic librarianship in general and law librarianship in particular.' Seeing him sitting in his office that day in 1978, I was looking at the embodiment of traditional scholarship. The fact that Thorne had served both Northwestern and Yale as law librarian impressed me as well. 15 The scene was made more remarkable by the presence of Morris Cohen. Morris resembled Thorne on both counts. His work on the Bibliography of Early American Law (BEAL)' represents the apex of the bibliographic scholar in the law. Like Thorne, Morris was carrying out detailed, meticulous work. Each of them elevated the scholarly enterprise. Morris was also a law librarian who was viewed by the world as a public intellectual, a scholar of note and gravitas.' In one striking way, though, Morris Cohen and Sam Thorne were quite different. The former was renowned as a scholar-librarian; the latter had decoupled his status as a scholar from his work as a librarian. More on that point later. 16 Standing in the same physical space with these two giants was a privilege the likes of which I fear will not be repeated. The age of the scholarly bibliographer is gone, and at the same time the role of the scholar-librarian is under siege. A Meditation upon Librarianship 7 Librarians traditionally performed four functions. First, they gathered mate- rials. Second, they created records of the materials that were so gathered. As a part of this process they developed schemes for organizing information so that it could be retrieved. Third, they physically arranged and preserved the materials. Fourth, they distributed the materials to those who needed them. The importance of each function has varied over time. The third one, the design of shelving schemes that led researchers to serendipitous discovery, has waned as the stacks have become less and less the locus of research. Early in my career, I would shake my head in wonder when researchers exclaimed that they had gone into the stacks looking for one book and, by incredible good fortune, had found an even better book. I wanted to tell them that generations of the best minds in the field had labored to design a shelving pattern that would achieve just this end. This function is now filled by Google's algorithms, in a process even more mysterious to the user. The fourth function, which centers on circulating materials and providing reference service, is in the midst of profound change but will be put aside for the purposes of this essay. It is the first two functions that have special relevance here. 7. A listing of Thorne's publications can be found in ON THE LAWS AND CUSTOMs OF ENGLAND, supra note 5, at 397. 8. MORRIS L. COHEN, BIBLIOGRAPHY OF EARLY AMERICAN LAW (1998). 9. The lengthy obituary of Morris that appeared in the New York Times and the subsequent note about him by Lincoln Caplan on the editorial page of the same paper are a fine testimony to Morris's public persona.
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