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Information Literacy In Legal Research Instruction
Kumar Percy Jayasuriya
Roadmap for Information Literacy Introductions Information Literacy in Legal Research InstructionInformation Literacy in Legal Research Instruction
Determine the nature and extent of information neededDetermine the nature and extent of information needed Access information effectively and efficiently Access information effectively and efficiently Evaluate critically the source of informationEvaluate critically the source of information Social and Ethical ConsiderationsSocial and Ethical Considerations Take away: Take away: Applying IL to Legal Research InstructionApplying IL to Legal Research Instruction
Information Literacy Assessment Tools Putting IL in FCIL
It’s legal for a minor to cover Gang Tattoos
Overall Objective:Teaching mechanics and critical thinking
Critical evaluations skills can be taught while teaching the mechanics of legal research
We explain why we use citator as we teach them how to use a citator.
Standards for a reference interview Does the user get the information needed Does the user learn something about how to
find information Does the user learn something about how to
evaluate information Is the user satisfied with the interaction
Jonathan Miller, Quick and Easy Reference Evaluations: Gathering Users’ and Providers’ Perspectives, 47 Reference and User Services Quarterly 218 (Spring 2008)
Standards Determine the nature and extent of information Determine the nature and extent of information
neededneeded Access information effectively and efficiently Evaluate critically the source of information Incorporate the information into the person’s knowledge base Use information effectively to accomplish a specific purpose Understand the ethical and social issues regarding the
information and use the information ethically and legallyACRL Standards for Information Literacy:
http://www.ala.org/ala/acrl/acrlstandards/informationliteracycompetency.cfm#ildef
Learn Nature of Information
Hierarchy of legal system researched
Must a state regulation be authorized by a statute?
Must a state statute be authorized by state constitution?
Learn Nature of Information
Legal authority of each document What is the legal authority of an opinion from the
Board of Patent Appeals and Interferenceshttp://www.uspto.gov/web/offices/dcom/bpai/index.html
Using your knowledge about the nature of legal information
Find the statute to learn more about the regulatory scheme
Using your knowledge about the nature of legal information
From the Authority Citation you also find a case that explains the regulatory scheme.
Determine the nature and extent of information needed
Interdisciplinary material Know when to use it Know why to use it Know how that type of document has been
treated in similar legal arenas. Economics and social science resources can be used
in a custody battle to predict what outcome is in the best interest of a child
Important to know how the judge(s) is/are likely to react to social science resources
Standards Determine the nature and extent of information needed Access information effectively and efficiently Evaluate critically the source of informationEvaluate critically the source of information Incorporate the information into the person’s knowledge base Use information effectively to accomplish a specific purpose Understand the ethical and social issues regarding the
information and use the information ethically and legallyACRL Standards for Information Literacy:
http://www.ala.org/ala/acrl/acrlstandards/informationliteracycompetency.cfm#ildef
Evaluate critically the source of information
What is the Fed. Register good for?
Find the issues analyzed during the drafting process.
Find responses to public comments
Evaluate critically the source of information:
I want to know if it is a problem for the NYSE to regulate itself.
Find out what the experts think?
Evaluate critically the source of information Understand the various kinds of information
available in each type of legal document What do you find in the Federal Register that
you can’t find in the CFR Responses to Comments and Drafter’s Analysis
What do you find in Congressional Hearings? Expert testimony – policy arguments
Congressional Reports? Legislative intent and legal analysis, not policy
arguments
Evaluate critically the source of information
How current are these results?
Find Regulations for Gun Collectors on GPO Access
Evaluate critically the source of information – how current is it?
GPO PDFs don’t say; but their text-file versions do indicated last revision information
Evaluate critically the source of information – how current is it?
Standards Determine the nature and extent of information needed Access information effectively and efficiently Access information effectively and efficiently Evaluate critically the source of information Incorporate the information into the person’s knowledge base Use information effectively to accomplish a specific purpose Understand the ethical and social issues regarding the
information and use the information ethically and legallyACRL Standards for Information Literacy:
http://www.ala.org/ala/acrl/acrlstandards/informationliteracycompetency.cfm#ildef
Access information effectively and efficiently
Use knowledge of legal system to gain speed State legislatures will post new bills online, but
not state codes Lexis/Westlaw very effective at providing up- to-
date version of statutes and regulations State secretary of state is likely to have
regulations Lexis / Westlaw may / may not be better
Standards Determine the nature and extent of information needed Access information effectively and efficiently Evaluate critically the source of information Incorporate the information into the person’s knowledge base Use information effectively to accomplish a specific purpose Understand the ethical and social issues regarding Understand the ethical and social issues regarding
the information and use the information ethically the information and use the information ethically and legallyand legally
ACRL Standards for Information Literacy:http://www.ala.org/ala/acrl/acrlstandards/informationliteracycompetency.cfm#ildef
Ethical and Social Issues of Information-- Plagiarism
Recognize the norms of plagiarism in your community
Law School Acknowledge direct use of someone else’s words. Acknowledge any paraphrase of someone else’s words. Acknowledge direct use of someone else’s idea. Acknowledge a source when your own analysis of
conclusion builds on that source. Acknowledge a source when your idea about a legal
opinion came from a source other than the opinion itself.(Law School Plagiarism v. Proper Attribution: A Publication of the Legal
Writing Institute (2003))
Ethical and Social Issues of Information Plagiarism Law Practice?
liberally borrow language and ideas
Two Hypothetical Problems– 4. Jane copies text from a paper she wrote for another
course?5. Jane drafted an innovative argument based upon an
idea she read about in a legal newspaper? Plagiarism: Different in academia v. practice
Objectives in Designing a Class
Students should understand the legal system Students should understand what kind of legal
documents are available Students should understand why they are
looking for each document Students should know how and when to update
the legal documents (Cases are update with citators)
Objectives in Designing a Class Based upon this knowledge students should
pick the most efficient resources. Students should know when to get further
analysis from interdisciplinary material Students should have a nuanced understand
plagiarism
Roadmap for Information Literacy Introductions Information Literacy in Legal Research Instruction
Determine the nature and extent of information needed Access information effectively and efficiently Evaluate critically the source of information Social and Ethical Considerations Take away: Applying IL to Legal Research Instruction
Information Literacy Assessment ToolsInformation Literacy Assessment Tools Putting IL in FCIL