Transcript Information Literacy In Legal Research Instruction Kumar Percy Jayasuriya Roadmap for Information Literacy   Introductions Information Literacy in Legal Research Instruction        Determine the nature and extent of.

Information Literacy
In Legal Research
Instruction
Kumar Percy Jayasuriya
Roadmap for Information Literacy
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Introductions
Information Literacy in Legal Research Instruction
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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 Tools
Putting IL in FCIL
It’s legal for a minor to cover
Gang Tattoos
Overall Objective:
Teaching mechanics and critical thinking
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Critical evaluations skills can be taught while
teaching the mechanics of legal research
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We explain why we use citator as we teach
them how to use a citator.
Standards for a reference interview
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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
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Jonathan Miller, Quick and Easy Reference Evaluations:
Gathering Users’ and Providers’ Perspectives, 47
Reference and User Services Quarterly 218 (Spring 2008)
Standards
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Determine the nature and extent of information
needed
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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 legally
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ACRL Standards for Information Literacy:
http://www.ala.org/ala/acrl/acrlstandards/informationliteracycompetency.cfm
#ildef
Learn Nature of Information
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Hierarchy of legal system researched
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Must a state regulation be authorized by a statute?
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Must a state statute be authorized by state
constitution?
Learn Nature of Information
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Legal authority of each document
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What is the legal authority of an opinion from the
Board of Patent Appeals and Interferences
http://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
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Interdisciplinary material
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Know when to use it
Know why to use it
Know how that type of document has been
treated in similar legal arenas.
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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
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Determine the nature and extent of information needed
Access information effectively and efficiently
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Evaluate critically the source of information
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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 legally
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ACRL 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
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Understand the various kinds of information
available in each type of legal document
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What do you find in the Federal Register that
you can’t find in the CFR
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What do you find in Congressional Hearings?
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Responses to Comments and Drafter’s Analysis
Expert testimony – policy arguments
Congressional Reports?
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Legislative intent and legal analysis, not policy
arguments
Evaluate critically the source of
information
Find Regulations for Gun Collectors on GPO Access
How current are
these results?
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
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Determine the nature and extent of information needed
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Access information effectively and efficiently
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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 legally
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ACRL 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
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State legislatures will post new bills online, but
not state codes
Lexis/Westlaw very effective at providing up- todate version of statutes and regulations
State secretary of state is likely to have
regulations
Lexis / Westlaw may / may not be better
Standards
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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
the information and use the information ethically
and legally
ACRL Standards for Information Literacy:
http://www.ala.org/ala/acrl/acrlstandards/informationliteracycompetency.cfm
#ildef
Ethical and Social Issues of Information
-- Plagiarism
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Recognize the norms of plagiarism in your
community
Law School
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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
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Law Practice?
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1.
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liberally borrow language and ideas
Two Hypothetical Problems–
Jane copies text from a paper she wrote for another
course?
Jane drafted an innovative argument based upon an
idea she read about in a legal newspaper?
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Plagiarism: Different in academia v. practice
Objectives in Designing a Class
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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
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(Cases are update with citators)
Objectives in Designing a Class
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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 Tools

Putting IL in FCIL