Social and Behavioral Sciences Commons^™

“You Keep Using That Word”: Why Privacy Doesn’T Mean What Lawyers Think, Joshua A.T. Fairfield

Scholarly Articles

This article explores how the need to define privacy has impeded our ability to protect it in law.

The meaning of “privacy” is notoriously hard to pin down. This article contends that the problem is not with the word “privacy,” but with the act of trying to pin it down. The problem lies with the act of definition itself and is particularly acute when the words in question have deep-seated and longstanding common-language meanings, such as liberty, freedom, dignity, and certainly privacy. If one wishes to determine what words like these actually mean to people, definition is the wrong tool …

The Gaps Model And Faculty Services: Quality Analysis Through A “New” Lens, Alex Zhang, Sherry Xin Chen

Scholarly Articles

Faculty service is an important function of U.S. academic law libraries. This article evaluates three types of faculty services programs using the Gaps Model to identify, analyze, and propose ways to fill four main gaps: knowledge, policy, delivery, and service quality.

Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart

Scholarly Articles

This article evaluates the current status of access to foreign and international legal research information, analyzes the challenges that information providers have experienced in providing valuable and sustainable access, and proposes a model that would help create and facilitate effective and sustainable access to valuable foreign, comparative, and international legal information.

Judicial Independence And Accountability: Withstanding Political Stress, Leah Wortham

Scholarly Articles

For democracy and the rule of law to function and flourish, important actors in the justice system need sufficient independence from politicians in power to act under rule of law rather than political pressure. The court system must offer a place where government action can be reviewed, challenged, and, when necessary, limited to protect constitutional and legal bounds, safeguard internationally-recognized human rights, and prevent departures from a fair and impartial system of law enforcement and dispute resolution. Courts also should offer a place where government officials can be held accountable. People within and outside a country need faith that court …

Fear-Based Provocation, Michal Buchhandler-Raphael

Scholarly Articles

This Article offers three major contributions to challenge existing view of provocation: first, it considers psychological research that found that fear, similarly to anger, may also significantly interfere with individuals’ decision making processes by disturbing rational judgment, therefore sometimes leading to lethal aggression. Second, drawing on this research, this Article argues that provocation doctrine should be reconstructed to also include a fear-based prong. Third, recognizing fear-based provocation calls for rejecting the loss of control paradigm that currently dominates judges’ and jurors’ perception of the defense. In its place, this Article advocates focusing on the fearful defendant’s fear of violence threatened …

Demokracja Elektorska I Populistyczna Z Perspektywy Wyboru D. Trumpa Na Presydenta Usa, Rett R. Ludwikowski

Scholarly Articles

The article aims to investigate the effectiveness of the American system of "electoral democracy". Considering this problem from a comparative perspective, the author notes that the American system of "electoral college" has not become a universally accepted standard for countries with a federal system or states with ethnically strong regional centers. In essence, each presidential election in the United States which ended in the victory of one candidate in the general, popular election and the other in the Electoral College, resulted in inter-party conflicts, mass demonstrations of dissatisfaction of citizens disappointed by the US electoral system and even in the …

Securing Professional Development: Getting To Yes, Caroline L. Osborne, Carol A. Watson, Amy J. Eaton

Scholarly Articles

None available.

Ask A Director: Reporting Accomplishments, Caroline L. Osborne

Scholarly Articles

None available.

Discovering The Knowledge Monopoly Of Law Librarianship Under The Dikw Pyramid, Alex Zhang

Scholarly Articles

This article uses the Data-Information-Knowledge-Wisdom (DIKW) pyramid to help identify the exclusive knowledge base and practical skills that law librarians must possess to solve practical problems. Paragraphs 4–24 trace the historical debates on whether law librarianship is a profession, which focus on autonomy as a key component of a profession. The consensus is that autonomy boils down to two major issues: identifying problems and providing solutions through exclusive methods that are restricted to a profession. Both require a solid and exclusive abstract knowledge base. Paragraphs 25–77 discuss the epistemological approaches employed thus far to identify a knowledge basis for library …

American Presidentialism In The Light Of Barack Obama’S Immigration Reform, Rett R. Ludwikowski, Anna Ludwikowski

Scholarly Articles

The main purpose of this article is to bring the reader into an atmosphere of intensity created by the political disputes about the need of immigration reform in the United States. It is unquestionable that problems of the immigrants, who for decades were crossing illegally American borders, contribute to internal political turbulence in this country. This article proceeds on the assumption, that the immigration related problems created a social melting pot which became one of the most serious challenges for the American policymakers. The confrontation of the President with Congress was inevitable. On the one hand, Obama’s administration started to …

Student Services In The 21st Century: Evolution And Innovation In Discovering Student Needs, Teaching Information Literacy, And Designing Library 2.0-Based Services, Frances M. Brillantine, Kumar Jayasuriya

Scholarly Articles

The authors discuss the changing library needs of law students as computers, technology, and legal publishing evolve. In order to track the evolving needs of students, the authors discuss ways that librarians can survey students and explain how focus groups and usability tests can provide further insights regarding students’ research skills and information needs. The article examines the literature regarding information literacy and suggests minimum standards for legal information literacy upon graduation, and the authors suggest new services that law librarians could create for law students. Next the authors examine the recent literature about Library 2.0 services, and offer suggestions …

The ‘Wall’ Decisions In Legal And Political Context, Geoffrey R. Watson

Scholarly Articles

No abstract provided.

Ucita Enacted In Virginia, Sarah K. Wiant

Scholarly Articles

No abstract provided.

New Game Plan Or Business As Usual? A Critique Of The Team Production Model Of Corporate Law, David K. Millon

Scholarly Articles

None available.

Tales Of Aall History (Stories Of "My First Annual Meeting"), Sarah K. Wiant

Scholarly Articles

No abstract provided.

Refining The Government Relations Program: The Final Report Of The Task Force On Aall's Government Relations Activities, Sarah K. Wiant

Scholarly Articles

During the summer of 1993, Kay Todd, President Elect of the American Association of Law Libraries, named a special task force to review the Association's government relations activities, presenting it with a goal of achieving a better coordination of such activities. The charges to the Task Force on AALL's Government Relations Activities and the processes that the Task Force utilized in fulfilling these charges are outlined in the final and interim reports of the Task Force, which follow this introduction. The Interim Report of the Task Force was submitted to the AALL Executive Board prior to its April 1994 meeting …

Of Legislative Histories And Librarians, Stephen G. Margeton

Scholarly Articles

Professor Margeton outlines the history of federal legislative history research, tracing the achievements of Washington, D.C., area law librarians and the Law Librarians' Society of the District of Columbia in compiling legislative histories, creating cooperative programs, and improving access to congressional materials.

State-Sponsored Domestic Terrorism: The Case Of Poland, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

The Sherman Act And The Balance Of Power, David K. Millon

Scholarly Articles

None available.

Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski

Scholarly Articles

This article is only an introductory study to further inquiry. It focuses on the first two constitutions in the world: the American Constitution of 1787 and the Polish Constitution of May 3, 1791. Furthermore, the emphasis of this essay will be disposed of in a different manner than in the above mentioned studies. The author's purpose is not to add another article to the numerous works already devoted to American Constitutional development; instead, the following remarks will emphasize Polish constitutional history, and treat the American constitutional experience as a background for comparison.

Aspects Of Terrorism: Personal Reflections, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

American Association Of Law Libraries Special Committee On The Future Of Aall 1983-1985, Final Report, November 1985, Sarah K. Wiant

Scholarly Articles

The Special Committee on the Future of AALL, initially known as Special Committee on Professional Needs of the Legal Information Specialist of 2084, was created by President M. Kathleen Price during the summer of 1983. Its members are Philip C. Berwick, Ann M. Carter, Leah F. Chanin, Richard A. Danner, Marian G. Gallagher, Anne Grande, Kamla J. King, Steve Margeton, Phyllis C. Marion, Kate McKay, Peter C. Schanck, Margaret Shediac, Sara Sonet, Dennis J. Stone, Kay M. Todd, and Sarah K. Wiant, Chairperson. The Committee was asked to examine the law library profession and the American Association of Law Libraries …

Computer Uses In Law Libraries, Raymond B. Marcin

Scholarly Articles

No abstract provided.

Toward A More Effective Continuing Education Of Law Librarians, Sarah K. Wiant

Scholarly Articles

No abstract provided.

David Hoffman And The Shaping Of A Republican Legal Culture, Maxwell Bloomfield

Scholarly Articles

In recent years scholars have paid increasing attention to the concept of "republicanism" as a measure of cultural change in America during the late eighteenth and early nineteenth centuries. To the Revolutionary generation republicanism connoted most obviously a representative form of government, based upon popular sovereignty and limited in its powers by a written constitution. But republican ideology encompassed far more than the restructuring of political institutions. It called for a regenerated society as well, in which men should be encouraged to pursue their individual destinies with a minimum of interference from public authorities. Civic morality and self-determination were closely …