The last page of the recent issue of the LISP NEWSLETTER was left out in
the mailing, so I am posting the issue on the network for most of you to
catch up on ALL the news!
Frank Weston, editor
LISP NEWSLETTER
LEGAL INFORMATION SERVICE TO THE PUBLIC SPECIAL INTEREST SECTION
.................................................................
VOLUME 6 NO. 1 FALL 1993
LETTER FROM THE CHAIR
LISP and I are the same age. LISP celebrates its sixth anniversary as a full-
fledged Special Interest Section this year. This is my sixth year as a full-fledged
member of AALL. I got involved with LISP by volunteering for a committee a
few years ago and look what happened. Whether or not you aspire to a leadership
role, LISP depends on help from its members to get its work done. I will be
calling for a number of volunteers in the coming year. It really doesn't take very
much time. Think about it!
My most important goal this year is to resolve the scheduling conflict with
Contemporary Social Problems. For some time now, the business meetings for LISP
and CSP have been scheduled against each other on Sunday afternoons. This is
frustrating for people who belong to both and have to choose one or the other.
To fix this problem we will have to give up the LISP Luncheon. While I have enjoyed
attending the Luncheons, they are expensive and attendance has declined.
As travel budgets are stretched to their limits I just don't feel comfortable
scheduling a costly meal function as part of the meeting.
More and more SIS's are scheduling substantive programs to supplement their
business meetings. Since the actual conference does not begin until the
Opening Reception on Sunday evening, SIS's can do whatever they want without
needing the approval of the Education Committee. A logical development of this
concept is for LISP and CSP to jointly sponsor a substantive program. We could
squeeze in non-conflicting business meetings at either end. I am working on
this with CSP Chair Karen Edwards, and hope to have something more definite to
report in next issue.
Another new development is that SIS Newsletters are now free to solicit
advertising. As you will see in the minutes, Frank Herch and Nancy Diel will
be looking into this for us. NOLO Press is an obvious candidate. The newsletter is
our single biggest expense; if it were to become self-funded that would leave us
more money to use for other things.
I am calling for volunteers to help write a new LISP Brochure. This is not to be
confused with Lee Warthen's impressive efforts. Lee is to be congratulated for an
outstanding job on his brochure "Research in Law for Non-Lawyers." He has put an
incredible amount of information onto 8-1/2 by 11 inches of paper, yet still made it
readable. The brochure I am proposing would explain what LISP is to those who
are new to AALL. Besides having the acronym that is the most fun to say, who
are we and what do we do? This brochure would be included in the "welcome
packets" that headquarters sends to new members, and could be distributed at
CONELL and at the activities area in the exhibit hall.
Do we need a committee on Literacy? I was struck by Pam Gregory's excellent
program on literacy. We all know how difficult it is to provide legal information
to people who can read. How much more intimidating is the legal system for people
who can't? I would like to explore the concept of extending our links to public
libraries. What can they teach us about literacy and how can we become more
involved?
If you have strong feelings on any of these issues, pro or con, please contact me. I
would love to hear from you.
Heather Braithwaite Simmons
* * * * * * * * * *
INFORMATION SERVICE TO THE PUBLIC SIS - AMERICAN ASSOCIATION OF LAW
LIBRARIES
1993-94 OFFICERS
Chair:
Heather Simmons
Wayne State University
Arthur Neef Law Library
468 West Ferry Mall
Detroit, MI 48202
Tel: 313-577-6173
FAX: 313-577-5478
HSIMMON@CMS.CC.WAYNE.EDU
Vice-Chair/Chair Elect:
Maria E. Protti
University of Oklahoma
Law Library
300 Timberdell Road
Norman, OK 73019
Tel: 405-325-4311
FAX: 405-325-6282
SA1490@UOKMVSA.EDU
Secretary-Treasurer:
Janice B. Shotwell
Berkshire Law Library
Commonwealth of Mass., Trial Court
Court House
76 East Street
Pittsfield, MA 64106
Tel: 413-442-5059
Executive Board Member:
Sharon Blackburn
Texas Tech University
School of Law Library
Box 40004
Lubbock, TX 79409-0004
Tel: 806-742-3883
FAX: 806-742-1629
XPSRB@TTACS.TTU.EDU
XPSRB@TTACS.BITNET
NEWSLETTER Editor:
Franklin A. Weston
University of San Diego
Legal Research Center
5998 Alcala Park
San Diego, CA 92110-2492
Tel: 619-260-4612
FAX: 619-260-4616
FAW@ACUSD.BITNET
FAW@USDCSV.ACUSD.EDU
* * * * * * *
Deadlines for the LISP NEWSLETTER are as follows:
WINTER 1994 ISSUE: NOVEMBER 15, 1993
SPRING 1994 ISSUE: FEBRUARY 15, 1994
SUMMER 1994 ISSUE: MAY 15, 1994
FALL 1994 ISSUE: AUGUST 15, 1994
* * * * * * * * * * * * LISP BUSINESS MEETING
JULY 11, 1993
BOSTON, MASSACHUSETTS
The 1993 business meeting of the Legal Information Service to the Public Special Interest
Section (LISP-SIS) was called to order by Chair Sharon Blackburn at 1:35 p.m., July 11, 1993.
OLD BUSINESS
The minutes from the 1992 business meeting in San Francisco were approved as published in the
LISP NEWSLETTER of Fall 1992 on pp 4-7. Secretary/Treasurer Eileen Cohen gave the
Treasurer's report, indicating that the LISP-SIS account showed a balance of $665.36, according to
the May 31, 1992, income statement from AALL Headquarters. This figure did not include the
LISP-SIS expenses incurred by underwriting some of this meeting's luncheon costs.
Kathy Gardner reported that the new edition of the Public Services Procedural Guide, including
a 5 year goal statement, is in the next-to-final draft stage. At this time there is no money to print and
distribute the guide. She encouraged members to review copies placed at the LISP table in the
exhibit area and provide her with any comments or suggestions.
COMMITTEE REPORTS
Chair Sharon Blackburn gave the Executive Committee report. She stated that the results of
the poll conducted by the committee asking if AALL Headquarters should be moved from
Chicago to Washington, D.C. was "NO". "NO" was also the response to the question of whether the
"Special Interest Section" should be changed to "Section". She further stated that she had only
received 9 membership survey results and encouraged members who have not responded to
the survey to do so.
Sharon was pleased to announce that the Public Library Association contacted her as Chair
to request a LISP member speak at their Spring Annual Conference on Legal Service to the Public.
She will be the presenter at the program.
Sharon also announced that a number of people stopped by the LISP table at the Saturday's
Conell Marketplace program and 18 people asked for more information about LISP.
There were several major items announced at the SIS Council Meeting. These included that a
record number of 2150 people pre-registered for the annual meeting; the search for a new Executive
Director will soon be concluded; a Convention Coordinator has been hired; and that comments or
suggestions to the STRATEGIC PLAN, which does discuss items of interest to LISP members on
page 8, should be raised at the Monday AALL Business Meeting.
Heather Simmons, the incoming Chair, described her positive assessment as a prior mentee
in the Mentor Program and stated that the SIS Council discussed automatically making all new
AALL members a mentee. She then asked people to please volunteer to be mentors.
Sharon gave the Newsletter Committee report for Frank Weston. Sharon reported that 4 issues of
LISP NEWSLETTER were published this year, averaging 10 pages per issue. Frank would like to
continue to improve the newsletter by increasing the use of guest columnists, providing reviews of
self-help books and bibliographies, and continuing to put the newsletter on INTERNET. Sharon
discussed the need to look at putting the newsletter on INTERNET in light of the fact that no
subscription money is received to help with the publishing costs of the newsletter.
Sharon then raised the concern that using AALL Headquarters for the printing and mailing of the newsletter
caused the cost of production to skyrocket this past year. AALL staff told those attending the SIS Council
meeting that they would work closer with the SIS's to try to control costs in the future. Several members
suggested that AALL look into using bulk mail rates for mailing chapter and SIS newsletters. The membership
agreed that LISP should go back to printing and mailing our newsletter rather then sending it to Headquarters
until they can guarantee reasonable print and mailing charges. Sharon further stated that with the new AALL
subscription program, the SIS would be required to provide Headquarters with one camera ready copy of the
newsletter. She will explore the possibility of Headquarters giving the SIS a percentage of income generated
by the Subscription Program. Finally, she asked for members to ascertain if their institutions would be
willing to help underwrite the cost of printing and mailing the LISP NEWSLETTER issues. Each issue's cost
for printing and mailing averages $150.00
Sharon then reported that AALL will now allow SIS's to accept advertising in the newsletters. After a group
discussion, it was decided that LISP would accept advertising if the SIS had a mechanism for editorial control.
Nancy Deel and Frank Hersh volunteered to draft an advertising policy.
Sharon asked for volunteers to write a summary report for the newsletter of the programs LISP is sponsoring
at the conference. Karen Attenbach volunteered to write the summary of "Law Libraries and Legal Literacy"
program. Nancy Deel volunteered to write the summary of the "Grants as Alternative Funding Sources"
program. Beth Schiender volunteered to write the summary of the "Golden Generation" program, and Heather
Simmons volunteered to write the summary of the "If You Build It, They Will Come" program. The
Newsletter Committee report finished with the membership enthusiastically acknowledging Frank Weston's
great work as the NEWSLETTER editor.
Sharon gave the Program Committee report for Karlye Pillai. She first thanked the following people for
serving on the committee: Robert Emery, Elizabeth Evans, Sandra Lindheimer, Lynn Randall, and Janice
Shotwell. She then reported on the accepted programs in which LISP was involved. LISP and SCCLL
co-developed "The Golden Generation: ASSISTING THE AGING PATRON". Committee member Janice
Shotwell developed and will be a panelist on the program "If You Build It, They Will Come: Developing Core
Collections For The Public/Pro Se Patron". In addition, LISP co-sponsored the following programs: "Law
Libraries and Legal Literacy: The Next Generation", "HIV and AIDS: The Next Generation Is Now", "Grants
As Alternative Funding Sources: Fiscal Survival for The Next Generation", "Trends in Child Advocacy:
Protecting The Next Generation" and "Trends In Child Advocacy...Part Two."
Warren Rees, chair of the Seattle Meeting Program Committee reported that he has several ideas to submit
to the AALL Program committee and asked for volunteers to assist him. One idea he proposed was
NREN--It's Potential Impact on Libraries. Another idea was "Sex, Now That We Have Your
Attention--Madonna's Book SEX and Threats Aimed at Public Libraries" or expanding the topic to look at
Censorship and Library Collection Development Policies. Another idea was to co-sponsor a program with
WESTPAC concerning the PRO SE Patron in the Law Library. Maria Protti suggested a program discussing
COURT TV and Steven Brill's suit to force courts to allow TV cameras.
Sharon gave the Boston Meeting Activities Table report for Mary Ann Nelson. She asked for volunteers to
sign-up for one hour shift at the LISP Activity table in Boston. A sign-up sheet was routed to attending
members.
Sharon gave the LISP Clearinghouse Committee Report for Barbara Golden. She reported that the
Clearinghouse is a repository of examples from individual AALL Chapter committees, law libraries and other
organizational efforts to make legal information more accessible to non-lawyers. Materials in the
Clearinghouse are listed in an annotated bibliography and made available for loan. Additions to the
Clearinghouse are announced in the LISP NEWSLETTER. This year the Clearinghouse added 10 items (twice
as many as last year), circulated 61 items (a 30% increase over last year), and mailed 8 copies of the
bibliography. She reminded people to send materials to the Clearinghouse.
Lee Warthen gave the Brochure Committee Report. He stated the brochure was in the last revision stages
and copies of it could be reviewed at the LISP table in the Exhibit area. The brochure is aimed at the non-law
librarian who assists pro se patrons. The AALL Publicity committee has been very helpful with providing
suggestions and help. AALL Headquarters will produce the brochure and it is anticipated the brochure will
be available in September 1993. Sharon thanked him and his committee for the hard work in drafting this
excellent brochure.
Sharon gave the Pro Bono Services Project committee report for Jody Armstrong. Sharon announced that
Jody had an article discussing Pro Bono work published in the Bar Leader, July-Aug. 1992 issue.
Jeff Trigger gave the Nomination Committee report. He thanked Sharon and the committee members for their
assistance and then he announced the slate of candidates. The candidates for Vice- Chair/Chair Elect were
Frank Hersh and Maria Protti. The candidates for Secretary/Treasurer were Janice Shotwell and Clayne
Calhoun. Secretary/Treasurer Eileen Cohen announced that Maria Protti was elected Vice-Chair/Chair Elect
and Janice Shotwell was elected Secretary/Treasurer.
At this point, Sharon introduced Janice Shotwell as the 1993-94 Secretary/Treasurer and introduced Heather
Simmons as the new Chair of LISP. Sharon then turned the meeting over to Heather.
Heather identified several goals she has this year as Chair of LISP. She would like to create a current LISP
brochure. She can use AALL Graphics at no charge, since AALL will do one project at no charge once every
3 years. She would like to resolve the continuing problem of LISP and CSP meetings being scheduled at the
same time, which presents a conflict for many librarians who are members of both SIS's. She has talked to
Karen Edwards, Chair of CSP, and they will try to work on doing a joint program on Sunday at the Seattle
conference. Several LISP members suggested that this also be coordinated with the State and Court librarians
as they are also caught in conflicting schedules. Heather stated she would also work with this group. Her
other goal is to provide continuity and increase support for the Pro Bono programs.
She then reported on 2 name change items covered at the SIS Council meeting that was not covered earlier
by Sharon. She announced that CSP wanted to change their name to eliminate the word "Problem" from their
title. Micrographics wants to change their name to better describe the multitude of technical issues they
address. Neither group suggested a new name yet.
The meeting was adjourned by Heather Simmons at 2:32 p.m.
Respectfully submitted,
Eileen B. Cohen
1992-93 Secretary/Treasurer
AALL LISP-SIS
* * * * * * * * * * * * * * * *
During the time between the 1993 AALL Meeting in Boston and August 13, I was quite busy
gathering information for the LISP-SIS program proposals for 1994 in Seattle. I want to give a
special thanks to those members of LISP-SIS who sent me information about prior programs and new
program ideas to assist me in putting together our proposals. With your help we submitted 8 program
proposals. We must now await the decision of the program committee.
1. The Changing Environment of Service to the Public/Pro Se Patron: Maximizing Access to
Legal Information. This is a follow-up to the program presented in Boston on collection
development for libraries that want to serve the public/pro se patron. This program would cover
how to best meet the information needs of the public/pro se patron, such as developing a
reference policy, in house printed materials, court forms, and contacts with appropriate agencies.
2. SEX! Now that we have your attention: Madonna, Censorship, the First Amendment and Libraries.
Information about libraries and the legal issues surrounding censorship and challenges from those forces that
want to impose censorship.
3. The Changing Environment in the Courtroom: Video Recording in the Courtroom.
We are co-sponsors with State, Court, and County SIS on this program about the impact of recording
courtroom proceedings on video. How does one collect this new form of law, how will it affect the
role and rule of law in our society, and will videos help satisfy the public's need for legal information?
4. Libraries, Citizenship, and Referendum Politics. We are co-sponsors with Contemporary Social
Problems and Government Documents SIS in this program proposal. It will examine the phenomenon of
referendum politics and the legal research issues that arise.
5. The Changing Environment of Litigation: Alternative Dispute Resolution. We are
co-sponsoring this with Reader Services SIS. It will cover the use of ADR today, when it is utilized,
and the various forms available. Will include a demonstration of ADR in practice.
6. The Changing Environment for Library Services: Ethical and Practical Aspects of Pro
Bono Service by Librarians. This is being co-sponsored by Reader Services SIS and will cover
the obligation by librarians to perform pro bono work, the legal issues of offering such service, and
the many varying forms of pro bono service.
7. The Changing Environment: Will New Technologies Assure Increased Democracy? We
are co-sponsors with the State, Court and County SIS for this program. It will examine the impact
new technologies have on access to legal information and assess the good and bad of the
various forms of technology.
8. State Bar Continuing Legal Education Seminars: The Role of Librarians. We are co-
sponsoring this with Reader Services SIS. It will look at the service librarians can provide to
attorneys by participating in continuing legal education programs.
Warren Rees
LISP Program Committee Chair
* * * * * * * * * * * *
If You Build It They Will Come: Developing Core Collections for the
Public/Pro Se Patron
AALL 86th Annual Meeting, July 14, 1993, Boston Program H-4
>From the Official Program:
As the uncertain economy has increased
pro se representation and the movement of
self-help law expands, more public patrons
are finding their way to the local law
library. There they expect to find "the
law" or "a book" that will answer their
question. Instead they are confronted
with the dizzying array of cases and digest,
form books and treatises, statutes and
regulations that make up our legal
collections. We can ease their transition
into legal research, increase their
understanding of the legal system, and
sometimes help them actually answer their
questions by building user-friendly
collections of popular legal materials.
This program was filled with practical ideas and constructive suggestions. I found this to be much
more satisfying than the type of program that raises lots of intriguing questions but does not
offer any solutions. The first speaker was Robin Leonard of NOLO Press. She is a frequent
speaker at AALL meetings and as usual had plenty of interesting things to say. She started with an
overview of how NOLO operates. The company is editorially driven. As much as the NOLO
marketing department would love to produce a "50 state guide to landlord tenant law" the editors
realize that this is not possible because there is just too much variation from state to state to cover
them all in a single work. California books are the easiest to produce. What other state has "check
the box that applies to you" court forms? NOLO also works hard to provide complete and accurate
information. Robin had some suggestions for evaluating self-help books: 1. If it is more than 5
years old--throw it away. Out of date legal information is WORSE than no information at all.
2. Count the "you really ought to consider hiring an attorney" references. NOLO works do this
when appropriate, but a book that says this on every page is not going to be very useful.
The second speaker was Tom Viti, Director of the Westwood (Massachusetts) Public Library. He
spoke briefly on the type of core collection every public library should have. Reference Collection:
Annotated state laws; Martindale-Hubbell; Form Books; Legal Research Books; etc. Circulating
Collection: NOLO Publications; Guide to Small Claims Court; How to run a small business. The
average public librarian does not have very much training in finding and using legal materials, and
consequently cannot offer much help to patrons. [author's aside--Business Law is a required course
at my university's Business School. Can we convince library school deans to make Legal
Bibliography a required course?] Legal questions are especially difficult for public librarians because
they are used to finding a specific, readily identifiable answer. Time is also a problem. Even
if a public librarian has the appropriate training, there are too many people lining up at the
reference desk to devote the time necessary to teach a single patron how to do legal research.
Collection development is another problem. Collections quickly become outdated. There are
few review sources available for the type of materials appropriate in a public library collection.
One solution to this problem is to forge links between public libraries and law libraries [hear!
hear!]. Another is to encourage publishers to provide intelligent materials on real issues. No
single library has all the answers.
The third speaker was Janice Shotwell, Law Librarian for the Berkshire Law Library of the
Massachusetts Trial Court. 30% of her patrons are members of the public. You can always tell these
patrons when they say "I just want the law." There are a wide variety of "legal literacy" materials that
can inform and empower the reader but they can be hard to track down. Here are her suggestions
for finding them: 1. Get on as many mailing lists as possible, starting with NOLO. 2. Haunt your
local bookstores and bookfairs. 3. Consider Continuing Legal Education publications. 4. Don't
forget Government Documents. How was Janice able to build an impressive pro se collection in a
time of budget cutbacks? She earmarked 3% of her annual book budget for these materials and
then shopped carefully for the best prices. Forge a link with your local public library [sound
familiar?] ask them about purchasing co-ops and distributor discounts. Janice has had good
experiences with Baker & Taylor. One final problem: Law self-help guides are written at a
12th to 14th grade reading level! [what grade are "real" law books written at?] Because accessibility
is a problem consider AV materials.
Last but certainly not least was Frank Herch, Director, Clark County (Nevada) Law Library. He
wins the prizes for Best Use Of The Program Theme and Most Effective Handouts. Frank sent
his Shepards Caricature to the graphic artist who designed the transparencies for a public library
teach-in, and now his face appears at the bottom of all his handouts! Following the baseball analogy
suggested by the title of program, he presented a wonderful model called "Getting the Pro Se Patron
Around the Bases." The outfield is represented by lack of skill with law books, hatred of lawyers,
hatred for the system and frustration, anger and fear. The bullpen is full of legal materials, both
self-help and primary sources, and referrals to legal aid and other helpful organizations. While the
Umpire shouts "There shall be no Unauthorized Practice of Law" the patron starts at first base with
the question, runs to second base for reference assistance, gets to third base by reading materials
found with the help of the librarian, and finally reaches home plate and the answer to the
question. [It's better as a picture, honest!] These patrons are particularly hard to serve, but can we
blame them for being bamboozled? Frank gave a typical example of an index with no less than five
cross references: Real Property--see Property--see Fraud--see Vendor and Purchaser--see Fraudulent
Conveyances [good grief!]. So, what is a law librarian to do? Give appropriate legal reference
assistance, refer where appropriate, and be firm about not giving legal advice. Talk to the courts
about improved pleadings. Teach Legal Research. Develop a written LISP Policy. Give special
recognition for staff who serve these patrons. Read reviews of self-help stuff in Legal Alert.
Contact NOLO about their free replacement policy for stolen materials. Laminate your copy-and-fill-
in-the-blank forms so that you get your original back.
Janet Crowther, "Taking the Law into Your Own Hands," ___ Library Journal ___. This article was
mentioned more than once, but I haven't been able to pin down an exact cite.
Heather Braithwaite Simmons
* * * * * * * * * * * * * * * *
The Supreme Court Tapes: They Should Be Released
by Maria Protti
For years, the standard legal bibliography texts have mentioned that the National Archives
holds the taped voices of lawyers appearing before the United States Supreme Court. Reading these
texts, one gets the impression that listening to the tapes is easy.
But the restrictions on the use of the tapes is severe. One can only hear a case three years
after the Court decides the case. One can only gain access to the tapes at the National Archives
main building in Washington, D.C. The Marshal of the Supreme Court will only permit the user to
hear the tapes upon proper application. To gain a copy of an audiotape, the user must agree in
writing "to use such audiotape for private research and teaching purposes only." Listeners must also
sign that they will not "reproduce, or allow to be reproduced for any purposes, any portion of such
audiotape."
Court administrators first began recording the sounds of the Court in 1955. They began to
deposit the tapes into the National Archives in 1968. The National Archives has been the
repository of the tapes ever since. At the time of the first deposit, Chief Justice Earl Warren
encouraged the National Archives to make the tapes available to the public. But Chief Justice
Warren Burger strengthened the restricted use of the tapes in 1986. Some say that Warren acted in
response to CBS newsreporter Fred Graham's broadcast of the Pentagon Papers case, New York
Times v. United States, over the radio and television.
Now a Political Science Professor, Peter Irons, has begun to market some of the tapes with
transcripts. Professor Irons is working with The New Press, a nonprofit publisher. His product
called May It Please the Court, is geared to high school students. It is meant to give young students
a historical sense of the law. Students are able to hear such landmark arguments as those posed by
Leon Jaworski in the 1974 Watergate case of United States v. Nixon, by Abe Fortas in his 1963
plea for indigent defense in Gideon v. Wainwright and Anthony Amsterdam arguing against the death
penalty in Gregg v. Georgia in 1976.
In response to Professor Irons activities the Court Public Information Officer, Toni House,
issued a public statement last August. Ms. House called the publication of May It Please the Court a
"clear violation of Professor Irons' contractual commitments." Ms. House further wrote that the
Court is "considering what legal remedies may be appropriate." Professor Irons did sign that he
would not make copies of the tapes when the archivists released the tape to him.
The Court's reaction echoes the Justices' recent consternation at the Library of Congress for
making public the court papers of Justice Thurgood Marshall. But the well-publicized
Justices' anger at the release of the Marshall papers may be tied to a respect for privacy in
deciding cases. The Court does and should have an intense desire to keep its internal workings
secret.
Here, in regard to the tapes, the Court does have a sense of decorum and probably a
healthy adverse reaction to commercialism of the Court. However, the public's interest in knowing
about the law and how the law is formed outweighs the Court's interest in restricting the use of the
tapes. Assuming that the National Archives puts into place procedures which will preserve the tapes,
anyone should be able to copy the tapes without restriction.
In the parlance of copyright law, the tapes are within the domain of the public. Any release
of the tapes would not violate national security because the contents are not secret. Distribution
would in fact heighten understanding of the Law. Distribution of the hearings by Professor Irons
could promote classroom interest in the Court and the Bill of Rights. Already C-Span has broadcast
some of the recordings edited by Professor Irons. The tapes do have widespread appeal.
It is a wonder that it took this long for someone to challenge the restrictions and to
publish the sound recordings of the Court. Such publishing after the fact is less intrusive on the
Courts than video recording in the Courtroom. The dissemination of arguments already heard and
analyzed is less sensational than instantaneous dissemination.
Librarians should be protective of the public's access to the sound recordings. All law
students and legal librarian students read about the existence of the tapes early on in their study of
legal research. Knowledge of the tapes is widespread among the law librarian community. It
is a shame that no librarian challenged access to the tapes. The law librarian community should be
especially cognizant of the public's need to access its own information. We should work to ease the
constraints on hearing past Supreme Court oral arguments.
* * * * * * * * * * * *
New Pamphlet For Pro Se Patrons
by Rae Best and Diana L. Frazier
The Pro Se Committee of the Law Librarians' Society of Washington, D.C. formed to address the
issue of how to lessen the librarian's burden when dealing with pro se patrons (called "pro per"
patrons on the West coast). The committee found that most of the literature on pro se patrons was
for the use of the librarian rather than for the use of the patron. We wanted a pamphlet that we
could hand to patrons that was informative enough to get them started on their legal research needs.
The intended audience included undergraduate students, first year law students, paralegal students
or anyone needing a brief introduction to law and how to get to legal materials.
The resulting pamphlet is called Getting Started in Legal Research: Statutes, Regulations,
Cases, Formbooks, Legal Encyclopedias, Annotations, and Periodical Articles. The pamphlet
distinguishes between primary and secondary sources, and explains the uses of each. The
pamphlet covers finding legal materials in the law library, how to read a citation, how to research by
subject area, how to retrieve a case or statute by name, and lastly, how to update primary resources
by using Shepard's.
As a committee we were concerned that the pamphlet not be viewed as the unauthorized
practice of law and the fact that in order to be brief the pamphlet had to leave out information
that could be considered vital to a patron's particular case. We wanted to make sure that we
did not oversimplify how complicated the law is and how difficult it can be to represent yourself.
We also did not touch on procedural aspects of law. So, we added a warning that states in part
that the pamphlet is not a substitute for a lawyer.
The pro se pamphlet was drafted using WordPerfect 5.0. The pamphlet design was kept
deliberately simple so it could be photocopied easily for patrons. The only restriction to copying
is that it be done for educational and not for commercial use.
The Committee held a brown bag luncheon to discuss the various issues involved in
dealing with pro se patrons and to get comments on the pamphlet from a broader audience.
Conversation centered on two main issues - having something in hand to give to patrons so they could
help themselves, and referring patrons to others. Those attending the meeting thought the pamphlet
is a good start toward the first issue, but many want to know more about where to refer patrons
and how effective those referrals are (good topics for further research and writing).
Because handling pro se patrons is an issue that in many libraries will never die, the Pro
Se Committee of the Law Librarians' Society of Washington, D.C. wants to continue developing
and sharing materials that will make working with these patrons easier for the librarians and more
satisfying for the patrons.
The Committee is depositing a copy of Getting Started in Legal Research in the AALL
Clearinghouse. Or, you may obtain a copy from the Law Librarians' Society of Washington, D.C.
669 S. Washington Street, Alexandria, VA 22314. Diana would like to receive comments on the
pamphlet. Please send comments to her at the Law Library of Congress, Room 201 Madison
Building, 101 Independence Avenue, S.E., Washington, DC 20540 (or via Internet,
frazier@mail.loc.gov).
* * * * * * * * * * * * *
American Indian Law
by Eileen B. Cohen
University of New Mexico
American Indian Law in many ways is unique because Indian Tribes have a special category and
relationship to the legal system. Federal law is applicable in many areas specifically affecting
American Indians. States have some jurisdiction in selected issues affecting Indian Tribes and Tribes
have their own code of laws.
Obtaining Tribal Codes is a difficult task and even more difficult to ensure their currency. It is best
for the patron to contact the Tribe directly for a copy of their Code or to consult with the closest
university or court law library.
State laws affecting American Indians are part of the state statutes. The best subject terms with
which to begin a search are "Indians," "American Indians," "Indigenous People," or "Indians of North
America." Cites to state cases addressing issues of American Indians can be located using the West's
Digest under the Keyword Heading "Indians."
Federal laws are the most predominant statutes addressing civil and criminal laws, and the
jurisdictional issues affecting Indian Tribes. Title 25 of the United States Code is devoted entirely to
Indians. Title 18 of the United States Code has sections addressing Criminal procedure and
jurisdiction involving Indian Tribes. Title 25 of the Code of Federal Regulations are the regulations
specifically addressing Indian issues. Most published cases involving Indian Tribes are from
the Federal Courts. Use the Keyword Heading "Indians" in the West's Federal Practice Digest to
obtain cites to these cases.
There are numerous law review articles written on specific topics relating to Indian Law. The Index
to Legal Periodicals and the Current Law Index are just two of the periodical indices to use to locate
these articles.
Listed below are core titles one may consult when researching legal issues involving Indian Tribes. I
have listed the approximate price and publishers' phone numbers for your convenience.
Note: Prices listed are approximate costs. Contact the publisher for exact costs.
TITLE PRICE UPKEEP
U.S. Codes:
U.S. Code Annotated (West)
USCA TITLE 18 $30.00 $10.00
USCA TITLE 25 $30.00 $10.00
or
U.S. Code Service (LCP)
USCS TITLE 18 $34.00 $10.00
USCS TITLE 25 $34.00 $10.00
U.S. Regulations:
Code of Federal Regulations (GPO)
CFR TITLE 25 $25.00/yr
TITLE PRICE UPKEEP
Federal Digest:
Fed. Prac. Digest $76.00 $20.00
(INDIAN vol. only)
(West)
Looseleaf Service:
Indian Law Reporter $400.00/yr
(Am. Indian Lawyer Trg.)
Selected Treatises:
Cohen's Handbook of Federal
Indian Law (Michie) $75.00
American Indian Law
In a Nutshell (West) $12.00
Price and Clinton,
Law & the American Indian $55.00
Law Reviews:
American Indian Law Review $10.00/yr
Publishers:
WEST 800-736-8417
LCP 800-527-0430
BENDER 800-533-1646
MICHIE 800-446-3410
Am. Ind. Law. Tr. 510-834-9333
Am. Ind. Law Rev. Room 335, College of Law
300 Timberdell Road, Norman, OK 73019
* * * * * * * * * * * * * * *
REPORT ON LISP CLEARINGHOUSE
ACTIVITY
July 1992 - July 1993
The Legal Information Service to the Public Special Interest Section (LISP SIS) Clearinghouse
is a repository of examples from individual AALL Chapter committees, law libraries and other
organizational efforts to make legal information more accessible to non-lawyers. Materials in the
Clearinghouse are listed in an annotated bibliography and made available for loan.
Additions to the Clearinghouse are advertised in the LISP Newsletter.
This year Clearinghouse activity increased measurably.
10 items were added (twice as many as last year; descriptions follow this report), 61 items circulated
(a 30% increase over last year), and 8 copies of the bibliography were mailed out.
Please think of the Clearinghouse whenever you produce materials for a public program or activity,
both before and after. Before, borrow materials to stimulate ideas. After, make an extra copy of your
materials to add to the collection and share the momentum. Your contribution is necessary for the
continuing vitality of this service.
Requests about and donations to the Clearinghouse publications should be addressed to:
Barbara Golden, Outreach Services
State Law Library
Minnesota Judicial Center
25 Constitution Avenue
St. Paul, MN 55155-6102
612-297-2087
FAX: 612-296-6740
ADDITIONS TO LISP-SIS CLEARINGHOUSE
July 1992 - July 1993
AALL-008-1 "Opinions of the Virginia State Bar."
AALL-Readers Services, LLSP, & CSP SIS, July
1992. Program handout.
Handout from the program entitled
"Unauthorized Practice of Law: Can You
Stop Worrying and Help the Patron?"
Includes "Policy for Information Service to
the Public" and sample reference
interviews.
AZ-002-1 Phoenix Area Association of Law Libraries. Legal Information Services to the
Public. Safeguarding your Future - Living Wills. May 1, 1993. Packet.
Advertisement and handouts for Law Day
workshop held at a public library.
Handouts include a detailed outline on
durable power of attorney for health
decisions and a seven page bibliography
on living wills, natural death acts, and
health care directives.
MA-005-1 Massachusetts Trial Court Law Librarians. Living With the Law: Popular Legal
Materials for Massachusetts Citizens. August 1992. 36p.
Bibliography of basic "legal literacy"
materials, oriented toward the layperson,
which public libraries can use for
collection development. Starred titles
indicate best treatment, most
comprehensive, and/or best value.
MA-006-1 Massachusetts Trial Court Law Libraries. Legal Information for All: A Legal
Reference Workshop for Public Librarians. Fall 1992. Study Materials.
Part of a multi-faceted outreach effort
funded by a L.S.C.A. Title I grant
targeting public patrons through the public
library system. Notebook includes
introduction to legal reference, specific
information on Massachusetts and Federal
legal research including sample problems,
and confronting the challenges of legal
reference.
MN-001-4 Golden, Barbara. Legal Materials for Non-Law Libraries. Public Services Liaison
Committee. Minnesota Association of Law Libraries. Rev. March 1992. 16p.
Handout for workshops with suggestions
for acquisitions and maintenance of legal
materials and an annotated selective legal
sources section.
MN-011-1 Golden, Barbara. Perspective on Legal Reference in the Local Depository. Presented at
the Fifth Annual Government Publications Information Forum. May 7, 1992. 30p.
Program handout includes outline on the
American legal system and legal literature,
guidelines for legal reference service, and
legal materials for non-law libraries (same
as MN-001-4).
MN-012-1 Fanning, Rebecca. I'll See You in Court: A Consumer Guide to the Minnesota
Court System. Court Information Office, Minnesota Supreme Court. July 1991. 22p.
Basic information on structure and
procedures directed to middle- and high-
school students.
MN-013-1 Minnesota State Bar Association. Legal Assistance to the Disadvantaged Committee. Pro
Bono Opportunities Directory. June 1992. 48p.
Designed for attorneys and law students
interested in doing pro bono work, NOT
for the public. It details programs through
which lawyers and law students may fulfill
their ethical obligation to provide legal
advice and representation to the
disadvantaged.
NJ-001-1 New Jersey Law Librarians Association. Legal Information to the Public Committee.
Pathfinder on No-Fault Divorce. 1993. 9p.
Selective listing of legal resources most
frequently consulted by patrons. Excellent
introduction; informative annotations.
PA-003-1 Lehigh County Law Library. Introductory and Training Materials. March 1993.
Packet.
Includes a quick guide to reading citations,
a basic brochure on the library, and
handouts used with a three hour
introduction to the Law Library and
research for paralegals and other groups.
Produced in-house with a Macintosh.
* * * * * * * * * * * * * * * * * *
1994 Ross Essay Contest
The ABA Journal will accept entries for the 1994 Ross Essay Contest through Feb. 1, 1994, on the
topic "Bringing Affordable Legal Services to the Middle-Class: An Agenda for the 21st Century."
The Journal's 1994 co-sponsor is the Standing Committee on the delivery of Legal Services, the
first ABA committee to participate in the contest. The contest, funded through a bequest of the late
Judge Erskine M. Ross of Los Angeles, offers a cash prize of $7,500, one of the highest awards for
a contest of this kind. The winner also will receive free travel and lodging to attend the 1994 ABA
Annual Meeting in early August in New Orleans.
To obtain contest rules, or for other information, contact Vanessa Gardner, ABA Journal, 750 N.
Lake Shore Drive, Chicago, IL 60611; or telephone 312-988-6011.
* * * * * * * * * * * * * * * * * *
Please submit articles for publication in the LISP NEWSLETTER to:
Franklin A. Weston
LISP NEWSLETTER, Editor
University of San Diego
Legal Research Center
5998 Alcala Park
San Diego, CA 92110
Articles are requested to be submitted by E-Mail
or WP5.1 on 5.25" disks.
NEW BOOKS COVERED
Repa, Barbara Kate. The American Lawyer: When and How to Use One. Chicago, IL: American Bar
Association Public Education Division. 1993
One of the most difficult aspects of legal reference librarianship is telling a patron to consult a lawyer.
Many of the people who come into the law library are confused and unable to do their own legal
research. They may be tired, angry, and disappointed with the legal profession already,
having made contact with lawyers who were not competent or who did not communicate well with
their clients. Getting to square one on advising a patron to consult a lawyer, or another lawyer as
the case may be, can be very difficult. It is a judgment call to figure whether or not the patron
can actually perform legal research to their advantage by themselves, or if it is time to "give
up" and call an attorney.
Enter this pamphlet. It is an excellent resource for the self-help patron and the librarian who is trying
to help him. It covers the role of the lawyer, how to choose one, questions to be asked of the
attorney in hiring him or her, legal fees and expenses, responsibilities of the lawyers and clients,
and what to do if you are not satisfied with your attorney. In the last chapter it discusses
alternatives like dispute resolution and small claims court.
This pamphlet was not written by a librarian. In the chapter on how to choose a lawyer, the
possibility of consulting directories like Martindale-Hubbell in a law library is not mentioned. In fact,
the idea of using an academic law library would have been very helpful.
Also, more information on alternative dispute resolution, with a discussion on the differences
between arbitration, negotiation, and mediation would improve this pamphlet. A helpful resource
is the list of state bar associations in the back of the publication. This pamphlet should be read by
reference librarians and perhaps kept on hand for referral to self-help patrons. It may ease the pain
for many in consulting and dealing with lawyers.
Madeline Hebert
Reference Librarian
Paul M. Hebert Law Center Law Library
****************************************************************
Nolo Press and Self-Help Law:
Nolo Press Speaks
Nolo Press exists because two former Legal Aid lawyers, fed up with the public's lack of affordable
legal information and advice, began writing understandable, easy-to-use, self-help law books
more than 20 years ago. Now, Nolo publishes books, form kits, software and audio tapes and
video tapes, and, because laws change constantly, works to keep our backlist (80 titles) up to date.
But the purpose has never changed: to take the mystery out of law and make it available to
everyone.
Lawyers sometimes compare self-help law to do-it-yourself brain surgery. Nonsense--it's much more
akin to choosing an over-the-counter remedy for a routine illness. Whether they want to relieve a
headache, prepare their income tax returns, build a room on a house, or handle their own
bankruptcy case, people can do much of the work themselves if they have good, reliable information.
Twenty years' experience has only strengthened our belief that law, like any other body of information,
can be broken down and organized into small, easily digested bits. Once that's done, it's relatively
easy to find answers to legal questions, whether they concern a divorce, trademark, or dog bite
dispute.
Very few publishers do what Nolo does. We think it's primarily because we use a professional
publishing model--accurate, thorough, technical and detailed information maniacally updated-- in a
trade press company. Many of our competitors publish only general information. Others refer
readers to lawyers so frequently that the books do not provide any worthwhile information.
And an occasional publisher copies us--to the point of infringing on our copyright. In fact, after we
published Dog Law (which contains unflattering statements about dogs bred at puppy mills and
sold in pet stores), TFH Publishers, a company that publishes books sold in pet shops, asked us to
remove the information it found offensive and reprint the book, in conjunction with them. We
refused. A few months later, TFH published Dogs and the Law and Cats and the Law.
The books seemed remarkably similar to Dog Law. U.S. District Court judge Vaughn Walker agreed,
issuing an injunction against TFH from publishing either book. Although the company was permitted
to sell out its printing, it could not print additional copies until all copied material (most of the
contents of the books) was removed. Needless to say, TFH has not published new editions of Dogs
and the Law or Cats and the Law.
We are very proud of what we do at Nolo. We know that our books are some of the most
popular--or at least the most stolen--in libraries. And so Nolo makes this offer to public (including
public law) libraries: We will replace free, any one Nolo book stolen from your library. Just call our
Library Marketing Director, M.F.K. Jensen at 510-549-1976.
Nolo's mission is far from radical. Every American's right to know the law--without paying
a lawyer--is a cornerstone of our democracy. Making the process easier is what Nolo is here for.
Robin Leonard
Nolo Press Legal Editor
* * * * * * * * * * * * * * * * * *
NEW BOOKS RECEIVED
Hunter, Nan D. The Rights of Lesbians and Gay
Men; the basic ACLU guide to a gay person's rights.
Third Edition, 1992. Carbondale, Southern Illinois
University Press. 220 p.
Ross, Susan Deller. The Rights of Women; the
basic ACLU guide to women's rights. Third Edition,
1993. Carbondale, Southern Illinois University
Press. 317 p.
This series also has the following titles:
The Rights of Aliens and Refugees
The Rights of Authors, Artists, and Other Creative People
The Rights of Crime Victims
The Rights of Employees
The Rights of Indians and Tribes
The Rights of Older Persons
The Rights of Patients
The Rights of Prisoners
The Rights of Single People
The Rights of Students
The Rights of Teachers
The Rights of Young People
The Right to Protest
Your Right to Government Information
Your Right to Privacy
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NEW LISP NEW MEMBERS
Karen J. Edwards
Trial Court Law Librarian
Lowell Law Library
Commonwealth of Massachusetts Trial Court
360 Gorham Street
Lowell Superior Court House
Lowell, MA 01852
James Gates
Assistant Director for Technical Services
3818 N.W. 33rd Place
Gainesville, FL 32606
Judith L. Gill
Law Librarian
Wood County Law Library
168 S. Main Street
Bowling Green, OH 43402
Deana Harragarra Waters
Law Libraries Director
National Indian Law Library
Native American Rights Fund
1522 Broadway
Boulder, CO 80302
Kathleen Larson
JURIS Program Specialist
U.S. Department of Justice
JURIS Office
425 Eye Street, N.W.
Room 129 C.A.B.
Washington, D.C. 20530
James Quinn
Reference Librarian
Gonzaga University School of Law Library
E. 601 Sharp Avenue
Box 3528
Spokane, WA 99220-3528
Arturo L. Torres
Director of Law Library
Gonzaga University School of Law Library
E. 601 Sharp Avenue
Box 3528
Spokane, WA 99220-3528
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