Readings Discussion

Readings DiscussionReadings Discussion

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Retrieval of InformationRetrieval of Information

In the legal profession, there has In the legal profession, there has been a problem with accurate been a problem with accurate information retrievalinformation retrieval

Many modern search tools lead to Many modern search tools lead to the phenomenon of “Information the phenomenon of “Information Overload”Overload”

““Employees spend an average of 8 Employees spend an average of 8 hours a week, or 16% of their work hours a week, or 16% of their work week, looking for external week, looking for external information content”information content”

-Outsell Inc, 2001-Outsell Inc, 2001

How much money could be save if How much money could be save if employees had better access to employees had better access to information?information?

The Semantic WebThe Semantic Web

Enable computers to understand Enable computers to understand what the web is about and allow what the web is about and allow them to undertake more “intelligent” them to undertake more “intelligent” taskstasks

Enable users to exploit other forms Enable users to exploit other forms of information by changing the way of information by changing the way that web searches are performedthat web searches are performed

The current Web is based on HTML The current Web is based on HTML formatformat

font face="arial, helvetica, sans-serif" size="+1"

color="#000000">Las Ketchup Retail Price: $13.98 Our Price: $12.99 

The Semantic Web uses The Semantic Web uses OntologiesOntologies

We can describe the ontology of a program by We can describe the ontology of a program by defining a set of representational terms. defining a set of representational terms. Definitions associate the names of entities in Definitions associate the names of entities in the the universe of discourseuniverse of discourse (e.g. classes, (e.g. classes, relations, functions or other objects) with relations, functions or other objects) with human-readable text describing what the human-readable text describing what the names mean, and formal names mean, and formal axiomsaxioms that that constrain the interpretation and well-formed constrain the interpretation and well-formed use of these terms. use of these terms.

-www.dictionary.com-www.dictionary.com

http://dictionary.reference.com/search?q=universe%20of%20discourse

http://dictionary.reference.com/search?q=axioms

Architecture of the Semantic Architecture of the Semantic WebWeb

XML- surface syntax, but no semantic XML- surface syntax, but no semantic constraintsconstraints

RDF- data model for objectsRDF- data model for objects OWL- adds vocabulary for properties OWL- adds vocabulary for properties

and classesand classes

Much of this architecture is still in the Much of this architecture is still in the developmental stagedevelopmental stage

http://www.w3.org/2000/Talks/1206-xml2k-tbl/slide10-0.html



Law and the Semantic WebLaw and the Semantic Web

3 stages of legal web development3 stages of legal web development

1) Publishing 2) Applications 3) Services 1) Publishing 2) Applications 3) Services The Semantic Web falls under Stage 3The Semantic Web falls under Stage 3

Goal is to produce new legal Goal is to produce new legal environmentsenvironments

for interaction between judges, for interaction between judges, prosecutors, lawyers, and citizens. prosecutors, lawyers, and citizens.

Legal DomainLegal Domain

Is Information Retrieval the same as Is Information Retrieval the same as retrieving a document?retrieving a document?

Retrieval ≠ UnderstandingRetrieval ≠ Understanding The goal of consulting legal The goal of consulting legal

information is to determine if an information is to determine if an action is legal, not to just simply action is legal, not to just simply obtain the informationobtain the information

Legal OntologiesLegal Ontologies ““Law is concerned with overt behavior, Law is concerned with overt behavior,

but assigning responsibility to but assigning responsibility to individuals, mental concepts like individuals, mental concepts like intentions and predictability play a intentions and predictability play a crucial role”crucial role”

Goal of legal ontologies is to add some Goal of legal ontologies is to add some philosophical and common-sense philosophical and common-sense criteria to the construction of legal criteria to the construction of legal information systemsinformation systems

What is the Law?What is the Law?

““A Rule of conduct or action A Rule of conduct or action prescribed or formally recognized as prescribed or formally recognized as binding or enforced by controlling binding or enforced by controlling authorityauthority””

- Merriam-Webster’s Dictionary- Merriam-Webster’s Dictionary

Concept of AuthorityConcept of Authority

Primary: case law, statues, Primary: case law, statues, regulationsregulations

Secondary: explanations of primary Secondary: explanations of primary -Use secondary first, primary second-Use secondary first, primary second

Mandatory Authority vs. Mandatory Authority vs. Persuasive AuthorityPersuasive Authority

JurisdictionJurisdiction

Area in which a court or other Area in which a court or other government body is empowered to act.government body is empowered to act.

Supreme CourtSupreme Court has ultimate has ultimate jurisdictionjurisdiction

Examples: Examples:

Same sex marriages (State Law)Same sex marriages (State Law)

Abortion (Supreme Abortion (Supreme Court)Court)

Common LawCommon Law

Up to the courts to determine the Up to the courts to determine the meaning of statues of regulations, meaning of statues of regulations, method practiced in the United Statesmethod practiced in the United States

Outcome of past cases should control Outcome of past cases should control the outcome of present casesthe outcome of present cases

Resolutions are classified as Resolutions are classified as strong/weak and not just as strong/weak and not just as right/wrongright/wrong

Legal Research “Game Legal Research “Game plan”plan”

1) Issue of the case1) Issue of the case

2) Search Terms- synonyms 2) Search Terms- synonyms

3) Jurisdiction3) Jurisdiction

4) Format- electronic, written4) Format- electronic, written

5) Research Secondary Sources5) Research Secondary Sources

6) Research Primary Sources6) Research Primary Sources

7) Rules of Procedure7) Rules of Procedure

Access to Legal ResourcesAccess to Legal Resources

Free resources: Findlaw and Free resources: Findlaw and LexusOneLexusOne

Shepard’s Citations: research to Shepard’s Citations: research to make sure a case is still “good law”make sure a case is still “good law”

Online Government SitesOnline Government Sites

Supreme CourtSupreme Court

Federal Circuit CourtsFederal Circuit Courts

Branches of the Branches of the GovernmentGovernment

http://www.library.unt.edu/govinfo/law/tutorial/images/branches.gif

Judicial BranchJudicial Branch

Goal of branch is enforcement of the Goal of branch is enforcement of the lawslaws

3 types of courts3 types of courts 1) Trial Courts1) Trial Courts 2) Appeals Courts2) Appeals Courts 3) “Court of Last Resort”3) “Court of Last Resort”

-Decisions of higher court may be -Decisions of higher court may be considered “binding” on lower courtsconsidered “binding” on lower courts

Legislative BranchLegislative Branch

Goal of the Branch is the development Goal of the Branch is the development of the lawsof the laws

Statutes are passes and then grouped Statutes are passes and then grouped in subject order in Code Booksin subject order in Code Books

Codes usually 1 to 2 years out of dateCodes usually 1 to 2 years out of date

United States Annotated CodeUnited States Annotated Code--

closest thing to real timeclosest thing to real time

Executive BranchExecutive Branch

Headed by the PresidentHeaded by the President Delegates the authority to implement the Delegates the authority to implement the

legislative statutes- i.e.. The EPAlegislative statutes- i.e.. The EPA Challenge is to track down the rules and Challenge is to track down the rules and

regulations from state/federal agenciesregulations from state/federal agencies Regulation printed in the Federal Regulation printed in the Federal

Registry,Registry,

then by subject in the Code of Federal then by subject in the Code of Federal RegulationsRegulations

Legal PolicyLegal Policy The recent question is who should The recent question is who should

ultimately have copyrights to many ultimately have copyrights to many of these information sources?of these information sources?

Findlaw vs. Jutstia.comFindlaw vs. Jutstia.com September 22, 2002- Findlaw Co-September 22, 2002- Findlaw Co-

Founder Stanley registers the domain Founder Stanley registers the domain justia.comjustia.com. . April 7, 2003- Stanley is fired after Findlaw is April 7, 2003- Stanley is fired after Findlaw is

sold to West Publishingsold to West Publishing On April 10, 2003- Stanley signs a Separation On April 10, 2003- Stanley signs a Separation

Agreement and returns it to FindLaw Agreement and returns it to FindLaw April 15, 2003- Stanley sends a letter to West April 15, 2003- Stanley sends a letter to West

saying he might choose to engage in a saying he might choose to engage in a "Competing Business" "Competing Business"

On April 16, 2003, Stanley incorporates Justia On April 16, 2003, Stanley incorporates Justia Inc. in Nevada Inc. in Nevada

On May 29, 2003, Justia Inc. files with the On May 29, 2003, Justia Inc. files with the California Secretary of State to do business in California Secretary of State to do business in California California

According to West, justia.com is:According to West, justia.com is:

"for all intents and purposes FindLaw II," and as "for all intents and purposes FindLaw II," and as such violates Stanley's covenant not to compete with such violates Stanley's covenant not to compete with West. West moved to stay Stanley's California action West. West moved to stay Stanley's California action and leave matters in the hands of the Minnesota and leave matters in the hands of the Minnesota court." court." http://www.llrx.com/features/weststanley.htmhttp://www.llrx.com/features/weststanley.htm

On January 7, 2004- On January 7, 2004-

a court in Minnesota issued a a court in Minnesota issued a temporary injunctiontemporary injunction against Stanley that shut down against Stanley that shut down justia.comjustia.com. .

Case IssuesCase Issues

Who has the right to use the Who has the right to use the information?information?

Did Stanley violate his agreement?Did Stanley violate his agreement?

What defines a public record?What defines a public record?

What is the case Jurisdiction?What is the case Jurisdiction?

Discussion Wrap-upDiscussion Wrap-up

Any other questions/comments about Any other questions/comments about the reading?the reading?

Ms. Yolanda P. Jones

Ms. Jones received her B.A. from the University of Illinois, Urbana, her J.D. from the University of Michigan, and her M.S.L.S. from Atlanta University. Prior to joining the library staff at Villanova, Ms. Jones was a librarian at Indiana University School of Law, the University of Miami School of Law and an intern at the Library of Congress.

She currently works as a Legal Research Instructor for the Villanova University Law Library

She serves as the Assistant Director of Electronic Information Services

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