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Information Literacy in Law: Starting Points for Improving Legal Research Competencies
Published online by Cambridge University Press: 28 February 2019
Abstract
Improving information literacy in law translates into developing methods for improving legal research competencies among lawyers, law students and the general public. This paper summarizes four approaches for improving legal research skills of prospective lawyers in U.S. law schools and discusses their successes and shortcomings to help assess their potential application in an international environment. These approaches include: (1) offering mandatory law school courses in legal research; (2) adding elective (or optional) credit based courses in legal research; (3) offering non-credit legal research support to law students at their point of need; and (4) testing prospective lawyers on their legal research competencies as a requirement to being licensed to practice law.
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- Copyright © 2010 by the International Association of Law Libraries.
References
1 See http://www.ifla.org/en/about-information-literacy for a full description of IFLA's Information Literacy Section.Google Scholar
2 Dennis Kim-Prieto, a law librarian at Rutgers University, passionately argues that U.S. law librarians should make better use of the framework of information literacy to develop standards for testing for legal research skills. Dennis Kim-Prieto, How Law School Information Literacy (LSIL) Assess Deficits Identified by the MacCrate Report and the Carnegie Report, and What they Mean for Legal Education and Training, paper presented at the annual conference of the Association of American Law Schools, San Francisco, CA (January 2011). Google tools provide some insight into the recent attention given to information literacy: this term only began to appear with some frequency beginning in the mid-1990's, but its usage skyrocketed within the past decade. On the other hand, usage of the term “research skills” began dropping off within the past six years, when it was surpassed by information literacy. These results can be replicated by using the Google nGram tool available at: //ngrams.googlelabs.com/ and comparing the use of these terms.Google Scholar
3 For example, China is experimenting with the U.S. model of legal education at some of its flagship universities. Matthew S. Erie, Legal Education Reform in China Through U.S.-Inspired Transplants, 59 J. Legal Educ. 60 (2009).Google Scholar
4 The late University of Washington Law School Professor Margorie Rombauer traced the appearance of legal research courses in U.S. law schools to the early 20th Century. Marjorie Rombauer, First-Year Legal Research and Writing: Then and Now, 25 J. Legal Educ. 538 (1973). Professor Rombauer noted the case for formal legal research instruction began at the outset of the century, citing Edward Keasbey, Instruction in Finding Cases, 1 Am.Law School Rev. 69 (1902). According to Frederick Hicks, the long-time law librarian at first at Columbia and then Yale Law School in the mid-20th Century, the earliest legal research lectures were provided by publishing company representatives. Frederick Hicks, Materials and Methods of Legal Research (1923). This is something Professor Hicks hoped to overcome with the publication of his book, which was highly regarded as the most substantial legal research text published to date in the U.S. and remained a mainstay for research instruction for decades. By the late 1930's, at least one survey confirmed that these courses in legal bibliography, typically taught by librarians, had become common in most law schools, were taught in either the first or second year of the required three-year law school curriculum, and granted one or two course credits. Leflar, Survey of Curricula in Smaller Law Schools, 9 Am.Law School Rev. 255, 258–59 (1939).Google Scholar
5 The 51 U.S. jurisdictions include the 50 separate states, plus the U.S. federal government. Uniquely, the state of Louisiana has a legal system based on civil law. The other 49 states have legal systems based on common law.Google Scholar
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8 For example, Chicago-Kent has long required its students to take a combined legal research and writing course during all but one semester of its three year program. See http://www.kent-law.edu/academics/lrw/ Google Scholar
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14 A very few American law schools, such as Yale, allow first year students to take elective courses after completing their first semester of law school.Google Scholar
15 The course evaluations and other feedback we receive from students who take the Advanced Legal Research course offered at Yale is consistently high, and students often write back to us attributing their success as legal researchers, in positions including U.S. Supreme Court clerks, was helped by what they learned in the advanced course.Google Scholar
16 The course book we use at Yale Law School for this purpose is the simple and elegant Morris Cohen and Kent Olson, Legal Research in a Nutshell (10th Ed., 2010). However, there now is at least one course book targeted specifically for Advanced Legal Research courses: J.D.S. Armstrong and Christopher Knott, WHERE THE LAW IS: AN INTRODUCTION TO ADVANCED LEGAL RESEARCH (3d Ed., 2008).Google Scholar
17 For example, at Yale students taking the Advanced Legal Research must complete a major paper, called a pathfinder, in which students research a topic and compare the results using major research sources, both in print and online.Google Scholar
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28 Yale Law Library's clinical research guides are linked from its research guide page at http://m-library.law.yale.edu/research_guides under the heading “Clinical Resources.”Google Scholar
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33 Professor Steven Barkan, law library director at the University of Wisconsin, thoughtfully analyzes the challenges of testing for research skills on the bar exam and concludes that inclusion of a legal research component on the bar would lead to better legal research skills. See Steven M. Barkan, Should Legal Research Be Included on the Bar Exam? An Exploration of the Question, 49 Law Libr. J. 403 (2006).Google Scholar
34 A small group of law librarians initially met with leaders of the National Conference of State Bar Examiners over a two-day period to address this issue in 2006. See Report of the AALL Special Committee on Fostering Legal Research as a Subject Specialty (October 2006), available online at http://www.aallnet.org/committee/reports/FosterLegalResearchCmteReport-Oct.pdf Google Scholar
35 See Blair Kauffman, Testing for Legal Research Skills on the Bar Exam: Are the Bar Examiners Ready? AALL Spectrum (June 2009), available online at http://aallspectrum.word-press.com/2009/06/03/testing-for-legal-research-skills-on-the-bar-exam-are-the-bar-examiners-ready/ Google Scholar
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