Collection Development

The collection is the heart of the library. Everything revolves around the library’s resources, be they hard copy, non-print, vertical file, or digital. Without that collection, the library’s staff is unable to provide quality service, answer questions, and teach patrons how to perform legal research. Because basic collection development theory applies to all libraries, this chapter concentrates on the major differences between standard collection development theory and practice and the theories and practices specific to law librarianship. Furthermore, differences between law library specifics and public law library needs are highlighted. A discussion of the various formats, their advantages and disadvantages could entail a full-length monograph; therefore, this discussion concentrates on the basics and then only as format determination impacts the public law library’s collection development plan. Several excellent collection development titles are listed in the Additional Reading section at the end of this chapter for those interested in a collection development refresher course. Further discussion of digital resources, including format advantages/disadvantages, electronic licenses, package or bundle sales, digital resources, and contracts in general appears in chapter 8. Collection maintenance, weeding, and discard procedures are reviewed in the Technical Services chapter.

The electronic revolution, which began over fifty years ago, has changed not only the way libraries operate but the way people conduct research and business, interact with each other, socialize, communicate, and even commit crimes. Originally, the phrase “library electronics” referred to an ILS (integrated library system) or an OPAC (online public access catalog). Today, this same phrase refers to not only the ILS, OPAC, and public access computer but to print management and computer reservation software, e-books, CD-ROMs, databases, and CALR vendors. As technology has changed libraries, it has also changed users’ behaviors, research techniques, public services, and the librarian’s role. Intended to be an extension of the collection development and public services chapters, this chapter explores the effect of the digital revolution on the public law library, ways public law libraries can utilize the technology, and how and why these libraries are being driven to increase their use of digital technology. Because contracts are commonly thought of as being associated with electronic resources, the authors have chosen to discuss contract issues in this chapter rather than in the Collection Development chapter. Other related topics include transitioning from the card catalog to the OPAC and ILS, electronic formats, vendor selection, miscellaneous electronic technologies, and pricing issues.


Until the mid-1900s information explosion inundated legal researchers, legal professionals saw little need for law librarians, preferring instead to rely on the uneducated caretaker, the law student, or the under employed lawyer to oversee their libraries. As legal research evolved into a broader process that required one to sort through a rapidly growing influx of legal and non-legal information from the social sciences, sciences, and statistics, law firms began hiring librarians to corral, collect, sort, manage, and organize the increasing quantity of information. As databases developed and attorneys became more and more consumed with income generating activities, private law librarians came to be recognized as the search, research, and resource experts. Unfortunately, public law librarians were not as lucky. In the public law library world, the position of librarian continued to be filled by under employed attorneys or untrained individuals who were often treated as facility caretakers, janitors, housekeepers, or the governing authority’s secretary, clerk, administrative assistant, or “Girl Friday.” This chapter discusses the widely varied job descriptions, staffing options, training, and levels of professionalism within the public law library field. It will also present the dual degree and certification debate, the use of temporary and unpaid assistants, and review some approaches to changing the position over time to create a less clerical, more professional position.


Public Services, as the name suggests, is the most visible of the many roles of a public law librarian. Rarely does the public see the other library responsibilities such as budget, collection development, cataloging and processing materials, weeding, or staffing. Being the most visible, public service is a major part of a library’s public relations and marketing process and customer service speaks volumes as to how one is perceived by library patrons. This chapter covers a wide variety of functions that fit under this category including reference, bibliographic instruction, jail services, disabled or handicapped access, circulation, and interlibrary loan.


A library is a library is a library, right? Well, yes and no. While basic administrative practices remain the same across library types, the public law library poses a number of unique situations requiring uncommon administrative practices. Many of these administrative differences are due to the public law library’s dual missions and uncommon organizational configurations. Other administrative differences are due to the nature of the law both as a subject and as a career field. This chapter reviews the diverse governance and organizational structures most often found among public law libraries; however, this discussion is not all-inclusive, and other governance forms may exist. Organizational documents such as mission statements, goals, and objectives are discussed within each type of public law library structure, and the organizational variations are depicted by sample organizational charts. The law library committee, the advisory law library board, and the governing law library board are also discussed.


How does the public law library successfully meet its very challenging mandate to provide legal resources to all who enter its doors? The quick answer is “with difficulty.” The more in-depth answer is: By understanding the needs of each patron group the library is obligated to serve, and by establishing policies, procedures, and an atmosphere that allows the library’s staff the most flexibility possible to meet the conflicting missions, multiple goals, and varying objectives. Before tackling the practicalities of the public law library’s organizational and supervisory options, this chapter examines the library’s patron base, the expectations of the various groups, the types of resources most appropriate to their needs, the diverse library types filling the public law library role, and how a multiple mission is likely to affect a public law library’s ability to provide adequate services to its assorted service populations.


Representing the smallest special library category, public law libraries serve the largest and most widely diversified constituency. They also have a convoluted developmental history that makes a simple definition impossible to determine. In this chapter, the authors define the public law library, review the history of law librarianship and public law library development, examine the field’s standing within librarianship, and reflect on future trends.


Author(s):  
Pascale Chapdelaine

This chapter proposes two principles that should inform the development of copyright law and policy and of user rights. The first calls for more cohesion between copyright law, private law, and public law, and for less exceptionalism in copyright law. The second requires that the balance in copyright law be adjusted for its future application as a mediation tool between the competing interests of copyright holders, users, intermediaries, and the public. Instituting positive obligations for copyright holders in relation to users and steering freedom of contract toward the objectives of copyright law are necessary regulatory changes to rectify ongoing imbalances. The principle of technological neutrality should guide the judiciary in its application of copyright’s objective of promoting a balance in copyright law. The proposed guiding principles lead to the creation of a taxonomy and hierarchy of copyright user rights that take into account the myriad ways users experience copyright works.


Author(s):  
Ethan J. Leib ◽  
Stephen R. Galoob

This chapter examines how fiduciary principles apply to public offices, focusing on what it means for officeholders to comport themselves to their respective public roles appropriately. Public law institutions can operate in accordance with fiduciary norms even when they are enforced differently from the remedial mechanisms available in private fiduciary law. In the public sector, fiduciary norms are difficult to enforce directly and the fiduciary norms of public office do not overlap completely with the positive law governing public officials. Nevertheless, core fiduciary principles are at the heart of public officeholding, and public officers need to fulfill their fiduciary role obligations. This chapter first considers three areas of U.S. public law whose fiduciary character reinforces the tenet that public office is a public trust: the U.S. Constitution’s “Emoluments Clauses,” administrative law, and the law of judging. It then explores the fiduciary character of public law by looking at the deeper normative structure of public officeholding, placing emphasis on how public officeholders are constrained by the principles of loyalty, care, deliberation, conscientiousness, and robustness. It also compares the policy implications of the fiduciary view of officeholding with those of Dennis Thompson’s view before concluding with an explanation of how the application of fiduciary principles might differ between public and private law settings and how public institutions might be designed or reformed in light of fiduciary norms.


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