Google and Westlaw had a baby and WestSearch is its name, O!

Beginning this fall, KU Law faculty, staff and students will have access to Westlaw's newest product: WestlawNext.

I am going to try my best to not get into the super-geeky details here. Also, I'm going to avoid quoting West on this product. Instead, I am going to share with you my experience.

Many students who are starting to learn the online legal research process may find it difficult to switch over to using Westlaw. They are used to using search engines such as Google and Bing where they can just type in their question and go. Legal research just does not work that way. For example, to use Westlaw most efficiently, you have to understand three things: Boolean language connectors, West's KeyNumber system and legal analysis. This makes online legal research particularly difficult for first-year students who have little if any exposure to these concepts.

Well, the magical minds at West have solved your problem. They have created a product that allows the user to use Westlaw the way that they use search engines: Just type in your question. You don’t have to pick a database or use exact search terms.

This doesn't take away your need for legal analysis at all. But it does take away your need to understand Boolean logic and West's KeyNumber system (well, not completely).

So here's how it works.

1. Pick a jurisdiction. No database choice is required.
2. Type in your query however you are used to doing it: Boolean, natural language, citation or parties.

WestSearch uses the editorial additions already in place to rank the results and divide them up by type: case law, statutes, secondary sources, etc. You can then narrow your results using a checklist on the left side. Or find related materials on the right which WestSearch has flagged as AWESOME! Also, once you have looked at a document, West puts a neat little pair of glasses next to it so that you don't go repeating yourself.

So who has access to WestlawNext? Currently, only faculty and staff. In a few weeks, all students will have access with the exception of 1Ls. Sorry guys! You still need to learn how to use Westlaw! But full access will be granted to you, too, come spring (maybe earlier if we so decide).

How do you get to WestlawNext? Simple. Sign in to Westlaw as you normally would. Once you do, you will see WestlawNext as an option at the top of the screen. Try it out. Play around. We will offer training as the semester rolls on. Otherwise, feel free to sign up for one of the webinars listed below. These are for FACULTY AND LIBRARIANS ONLY! Sorry students!

• Aug. 11 (11 a.m.): WestlawNext Introduction


• Aug. 18 (2 p.m.): WestSearch (Algorithm)


• Aug. 25 (Noon): Folders & Productivity Tools


• Sept. 1 (1 p.m.): Cost Effective Legal Research


• Sept. 8 (11 a.m.): KeyCite


• Sept. 15 (3 p.m.): Mobile

If you can't make it, don't worry! Westlaw will put these up on its TWEN page!

W. Blake Wilson
Instructional & Research Services Librarian

Read more from this post in Online law articles »

Top 8 misconceptions about legal research

I am in charge of the legal research instruction as part of the Lawyering Skills course. Over the past three years, I have heard (and read) several things students have said about legal research. Before we have a new batch of students start up this fall, I would like to go ahead and address these issues.

1. Everything is available online.
   
   Surprisingly, this is not the case. While it's true that the feds are quick to post things online, you can not say the same with regards to state materials. Of course you do have proprietary databases, but even those aren't as comprehensive as people would like to think they are. Not to metion that, honestly, some things just aren't easily accessible online. There's also the issue of the cost of using these databases.


2. My firm will have unlimited access to legal databases.
   
   If you end up at a big firm, this just may be the case. Sort of. Keep in mind that at the end of each year, your law firm will have to renegotiate its contract with its provider of choice. And if you think that these providers aren't keep track of usage, you are dead wrong. And if you think you won't get canned because you caused overhead to jump thousands of dollars, you obviously haven't worked in a law firm.


3. Clients won't pay for research.
   
   It is true that some clients will look at a bill and refuse to pay for anything labeled "research." It's also true that many law firms won't charge clients for "research." So how does research get paid? By increasing the hourly rate on everything else and calling research "overhead." Believe me, in the end, clients pay for research, being that it's likely to be 50 percent of your job.


4. I won't need to do research.
   
   This is simply not true. Think about it. A client comes to you with a problem and is seeking a legal solution. Even if you think you know the answer to his or her problem, laws change. You can be found guilty of malpractice for citing bad law. Even if you are relying on a form, you better make sure that the form you are using still conforms to the standards spelled out in the statutes or regulations.


5. My paralegal/legal secretary will do all of my research.
   
   True. The moment you become partner in a law firm, you can pass your research on to your secretary, paralegal or a lower associate. But if you are a first-year associate at any firm, you don't get to pass things on. Sorry, but that paralegal is higher up on the food chain, my friend.


6. Employers don't care about my research skills.
   
   The No. 1 complaint we get from law firms is that summer associates can't do research. That they have to be gingerly walked through the entire process. If this is you and you are up against a summer associate who walked in with mad research skills, guess who's getting asked back? You, because you play a great game of softball? Think again.


7. The research assignments are just busy work!
   
   Actually, the research assignments are created to actually get your face into the books and do some practical work. You can't learn how to do research by reading a book. It's like flying a plane. Would you trust a pilot who'd only just read "Flying for Dummies"? Or a surgeon who had never cut into a cadaver?


8. I already know how to research.
   
   Legal research is unlike any other type of research. Granted, there are some parallels in that you have key words and indexes and tables of context. But with legal research, there is a required level of analysis that is pervasive. Sure it might be hard to see your first year. But that's because, at this point, the only legal analysis you can do is what you've brought with you. And unless you already have a degree based in law, that ain't much.

W. Blake Wilson
Instructional & Research Services Librarian

Read more from this post in Online law articles »

CALI for iPad and iPhone? Yes, please!

For those who aren’t familiar with CALI (Center for Computer-Assisted Legal Instruction), it is a computer-based, interactive tutorial that is free for KU Law students, faculty and staff. You login to the website and choose a lesson by topic, author or, even cooler, casebook. Once you choose a topic, CALI will provide you with a brief description of a legal concept. Once the concept has been spelled out, CALI will provide you with a scenario and then ask you a question. If you get it wrong, CALI will tell you why. If you get it right, CALI will ask you to type in why you are right and then compare it to a model answer.

But wouldn’t it be cool if you could go through these tutorials on your iPhone or iPad? Well CALI has recently announced some major improvements and a completely new look for CALI lessons. The educational content of lessons is not changing, but they are adding:

• iPad and iPhone compatibility,
• auto score save,
• easy copy and paste, and
• special built-in features for faculty only.

The test phase is still in Alpha and is only available to faculty and staff. From the lesson listings at cali.org, click any lesson title — not the play button — then find the link to the new lessons here.

The new CALI viewer is not yet available to students, but will be soon.

Pretty slick, no? If you think you would like to check out CALI, contact me for an access code.

W. Blake Wilson, Head of Instructional & Research Services

Read more from this post in Online law articles »

Bureau of Justice Statistics website makes crime stats freely available

In need of crime statistics and don't know where to look? Try the U.S. Department of Justice's Bureau of Justice Statistics!

The Bureau of Justice Statistics (B.J.S.) was first established on Dec. 27, 1979, under the Justice Systems Improvement Act of 1979. Their goal is to

collect, analyze, publish, and disseminate information on crime, criminal offenders, victims of crime, and the operation of justice systems at all levels of government. These data are critical to federal, state, and local policymakers in combating crime and ensuring that justice is both efficient and evenhanded.

Using data collected by the U.S. Bureau of the Census, along with other Department of Justice statistical programs and data from other federal agencies, the B.J.S. makes this data freely available to anyone with a computer.

Data is published annually on:

• Criminal victimization
• Populations under correctional supervision
• Federal criminal offenders and case processing

Periodic data series include:

• Administration of law enforcement agencies and correctional facilities
• Prosecutorial practices and policies
• State court case processing
• Felony convictions
• Characteristics of correctional populations
• Criminal justice expenditure and employment
• Civil case processing in State courts
• Special studies on other criminal justice topics

Need some old data? Well luckily B.J.S. archives data files, documents them, and makes them available through the National Archive of Criminal Justice Data.

So hope on and take a look around! You just might be surprised at the various types of statistics you can find!

W. Blake Wilson
Instructional & Research Services Librarian

Read more from this post in Online law articles »

Law.gov would be bold experiment in one-stop shopping for legal research

Have you heard about Law.gov? No? Well then, let me tell you!

Law.gov is a proposed repository for legal materials, open-sourced and open to the public. Included would be all primary materials of the United States and international governmental bodies. Law.gov would be a portal for authoritative local, state, national, foreign and international legal and legislative information. Basically, we are talking one-stop shopping.

Primary legal materials include all materials that have the force of law and are part of the law-making process, including briefs and opinions from the judiciary; reports, hearings and laws from the legislative branch; and regulations, audits, grants and other materials from the executive branch.

This sounds like a link dump, doesn't it? It's not. It is much more dynamic than that. Think of it as a MySpace or Facebook for governmental entities. Just as social media sites give you web-based software systems to build your own site, Law.gov would create its system from open-source software building blocks. This would allow states and municipalities to make their materials available as well without having to hire a full-time web master.

Now if you've ever had me in class, you have heard me say that if you are going to rely on the language of a case or statute, you must use the printed material. Errors are more likely to exist online. To alleviate these errors, Law.gov has a very interesting proposal:

TECH TALK: A Note On Authenticity. With the law, close just isn't good enough. Primary legal materials need to be authentic and digitally signed. As the American Association of Law Librarians said in their ground-breaking report at the AALL National Summit on Authentic Legal Information in the Digital Age, “it is time to save the legal information system.” We propose to enlist the law students of America as auditors during the startup phase of Law.gov, asking students to systematically compare online to printed materials. The students would gain reputation points in the registry, which they could use to demonstrate their public service when applying for jobs or clerkships. Would such a system work? When we tour the law schools, we intend to dig in and ask that very question.

This appears to be a very bold move, but one worth looking into.

Check out Carl Malamud's address to the Gov 2.0 Summit on Sept. 10, 2009, in Washington, D.C., for more information.

W. Blake Wilson
Instructional & Research Services Librarian

Read more from this post in Online law articles »

Added features make iPad 2 worth a look

The iPad 2 is being release on March 11, and I'm not going to lie to you here: I really want one. Yeah, I know that many of you think of the iPad as the Jar Jar Binks of the tech world, and I can respect that. But there are some added features that I believe make the iPad 2 worth a look.

• Front and back cameras.
• The ability to run iMovie and Garageband.
• Flash!

Of course, these are added goodies to what iPad 1 could already do. The main feature for me is that it doubles as an e-reader.

So what do you think? There are a few good reviews out there, including ones from TechCrunch and engadget. Are you planning on getting one? Do you already have an iPad? Do you think they are constructed of pure evil? Let me know!

W. Blake Wilson, Instructional & Research Services Librarian

Read more from this post in Online law articles »

Law librarian ranks top 10 iPhone apps for law students

I realize that I am a latecomer to this craze. Like most Apple products, I was content to admire from afar. However, this past July, I decided to join the ranks of the uber-cool and purchase myself the geek's most powerful tool in the arsenal of geekdom: the iPhone.

It did not take me long to discover the amazing functionality of this incredible piece of equipment. When they say, "There's an app for that," they aren't kidding! There are apps for virtually everyone, covering almost every interest! The legal community is definitely no exception.

So, being the blogging librarian that I am, I have decided to share with you 10 of the coolest apps applicable to the lawyer and law student. Some of these might also be available on Blackberry or other devices, whatever they may be.

1. QuickOffice. This app actually allows you to edit Word and Spreadsheet documents. Honestly, I mostly use this app as an easy way to transfer documents to and from my iPhone, and to view them on the iPhone.
   
2. Any of the Cliff Maier reference apps. These apps are designed for legal reference and include the following:
   
   
   • Constitution
   • Federal Rules of Appellate, Bankruptcy, Civil and Criminal Procedure
   • Federal Rules of Evidence
   • Intellectual Property Laws
   • State Evidence Rules for various states (not Kansas).
   
   Price ranges from $0.99 to $7.99. Each app offers the ability to jump to a section or to search. There is cut-and-paste (for iPhone 3GS), as well as linking. The cool thing is when you are done looking at your link, you can go back to the app and it will still be where you left off.
3. Black's Law Dictionary is now available for the iPhone. This is Thomson Reuters' first venture into app-dom, and I hope it's not their last. You find terms in the app by typing into a search bar. Results appear as you begin to type, so you don't even need to finish typing to find what you need. There is an audio button which, when tapped, will pronounce the word for you. Slick! It runs $50, which is a little pricey for an app. It does work really well, though. And it IS cheaper than the hard copy.
   
4. Law in a Flash – iPhone Law School Flashcards. You know the product, right? Little flash cards with humorous scenarios on Criminal Procedure, Torts, Corporations, Criminal Law, Federal Income Tax, Professional Responsibility and Wills & Trusts. This is a great resource for law students on the go needing to study as much as they can for exams and/or the bar exam. The application allows users to take notes within the program, bookmark cards and put cards into shuffle mode for quick study. The cards are modeled after the multi-state bar exam. Each subject is $39.99.
   
5. Law Pod Foundation provides some legal reference apps not unlike Cliff Maier. There's not as much there, but at 99 cents per app, it's well worth a look. Includes Federal Rules of Civil, Criminal, Appellate and Bankruptcy Procedure as well as the Constitution. Each one is searchable. There is also an app called Title 35 that gives you similar access to the patent-relevant parts of the United States Code for $2.99.
   
6. The Legal News Reader app, which costs 99 cents, conveniently aggregates all recent legal news in one place, for those not interested in the time it takes to search for it on their own.
   
7. DocScanner, available for $8.99, is another great app for lawyers. With this app you can scan a document to your iPhone by taking a photo of it. It is then converted to a .pdf file that can either be e-mailed or saved to your phone.
   
8. Amazon Kindle is a great, free app for long, unexpected delays in court. You can download books, some for free, directly to your iPhone and peruse them in an easy-to-read format at your leisure.
   
9. Law School 100 is an iPhone app that ranks 100 law schools in the United States and provides capsule profiles of each school. It's produced by LawTV Inc., the publisher of The Law School 100.
   
10. TimeWerks. Sure, you thought that the iPhone meant you were a free-wheeling, outside-the-box kind of lawyer. But nobody escapes death, taxes and, if you're a law firm attorney, billable hours. While no programs that I'm aware of can seamlessly sync with firm billing apps, it's a step up from filling out paper billable sheets while you're out of the office. TimeWerks, $9.99, will track your projects and time spent in a way that, while not strictly built for lawyers, is user-friendly and versatile, and lets you export a .csv file that may streamline getting the data to your main billing program. A lite version does exist for free if you just want to try things out.
    

As you can imagine, there are tons more out there. Do you know of any? I would love to check them out! Just shoot me an e-mail or leave a comment.

Blake Wilson

Read more from this post in Online law articles »