Technology, Contracts, and Electronic Resources

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.

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.


Author(s):  
Paul Craig

This chapter draws on the six dimensions of public law covered in the book: theory, institutions and accountability, constitutions and rights, process and procedure, legislation, and case law. It links discussion of these dimensions, by considering how they have been affected by Brexit. The chapter is not concerned with the contending arguments for leaving or remaining in the European Union. The focus is on the way in which Brexit has ‘pressure-tested’ the public law regime in the United Kingdom and the European Union. The six dimensions of public law that are discussed in the preceding chapters form the architectural frame through which the impact of Brexit on the public law regimes is assessed in both the United Kingdom and the European Union.


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.


Author(s):  
Vincent Chiao

This chapter extends the public law conception to the theory of criminalization. The first half of the chapter is devoted to considering whether the criminal law has a privileged subject matter or “core,” focusing especially on Feinberg’s influential account of the criminal law as a system of direct prohibitions. The chapter argues that a subject-matter-based approach has difficulty coming to grips with actual criminal law systems in modern administrative states, in which so-called mala prohibita offenses predominate. The second half of the chapter turns to sketching how we might approach the question of criminalization from a public law point of view, both in general and with reference to the political ideal of anti-deference (sketched in Chapter 3) in particular. Along the way, the chapter argues that the (very popular) wrongfulness principle turns out to be either empty or implausible, and hence that we should reject any version of the harm principle, or of legal moralism, that presupposes it.


Author(s):  
Alex Mills

This chapter focuses on private interests and private law regulation in public international law jurisdiction, and discusses how questions of private law are generally marginalized in favour of a focus on public law, particularly criminal law. This is surprising and unfortunate for two main reasons. The first is that private law issues played a central role in the development of public international law jurisdictional principles. The second is that public international lawyers have, in a range of other contexts, increasingly recognized the significance of private law regulation, and the ‘public’ function which it can play in pursuing particular state interests. Recognizing the significance of private law jurisdiction presents, however, some important challenges to the way in which public international law jurisdiction has become to be understood.


Author(s):  
Helen M. Gunter

At a time when public education and reform agendas are changing the way we approach education, this book critically examines the key issues facing the public with implications for education policy makers, professionals and researchers. Drawing on empirical evidence gathered over 20 years, the book confronts current issues about social justice and segregation. The book uses Arendtian ideas to help the reader to ‘think politically’ about education and how and why public services education can be reimagined for the future.


2007 ◽  
Vol 66 (3) ◽  
pp. 698-711
Author(s):  
J. W. F. Allison

The debate about distinguishing public law and private law has been wide-ranging and variously focused. It has contributed to a paradox (or contradiction) in legal thinking, described by Peter Cane in his contribution to Public Law in a Multi-Layered Constitution. On the one hand, Cane stresses that the distinction between public and private “seems alive and well”––manifest, inter alia, in judicial review procedure and the establishment of an Administrative Court in England, in EC law (demarcating the scope of directives with direct effect), in the provisions applicable to public authorities in the Human Rights Act 1998, in the “state action” doctrine of the US Supreme Court, and in the statutory demarcation of the Administrative Appeals Tribunal's jurisdiction in Australia. On the other hand, he stresses the extent of scholarly criticism of the distinction––that it is outmoded, descriptively inaccurate or normatively undesirable. In his view, the resolution of the paradox lies in recognition that “the supporters and the opponents of the public/private distinction are talking about different things”. He concludes that, for its opponents, as a result of institutional and functional hybridisation, “the distinction misrepresents the way power is distributed and exercised” but that, for its supporters, “it embodies an attractive normative theory of the way power ought to be distributed and its exercise controlled”. In his presentation of the paradox and its resolution, Cane thus brings together various views and distinctions––English, American and Australian––and suggests that a contrast between descriptive criticism and normative evaluation is crucial to understanding the public/private debate. By the breadth and inclusivity of his analysis, however, he also brings into question the desirability of unitary analytical treatment of various distinctions in various contexts, supported and opposed by people talking about “different things”.


Author(s):  
Margaret Hogarth ◽  
Vicki Bloom

Management of electronic resources requires more features and fields than legacy integrated library systems (ILS) can provide. Relationships between title, package, platform and publisher, incident and breach records, changeable holdings, license, and access restrictions cannot easily be captured. Usage combined with cost is needed for collection development and public services decisions. This chapter demonstrates how the Electronic Resource Management Initiative reports, library-developed systems, and existing and in-process standards help the continuing development of compensating electronic resource management systems and their integration into ILS. Much more work and discussion is needed in order to maximize the use of these resources and their data. Modular, extensible, standards-based tools will supplement legacy ILS and their valuable business and bibliographic data. Vendor-provided bridging tools, also based on these standards, will enable and maximize data movement between systems.


Author(s):  
Smita Joshipura

The purpose of this chapter is to provide in-depth and comprehensive coverage of the workflow for electronic resources (e-resources) from selection to acquisition. Along the way, it addresses major steps, processes, procedures, and issues in selecting and acquiring e-resources and acts as a teaching tool for librarians who would like to learn best practices for managing the life cycle of e-resources. This chapter covers various facets of the selection process, including tools, challenges, and criteria, and provides a checklist for collection development librarians for evaluating the resources. It also addresses acquisitions workflow from verification of a resource to ordering and acquiring the product and provides an additional checklist for acquisitions librarians for reviewing license agreements.


2000 ◽  
Vol 1 (3) ◽  
pp. 163-171 ◽  
Author(s):  
Nick Llewellyn ◽  
Alan Lawton ◽  
Charles Edwards ◽  
Geoff Jones

This paper reports key findings from a series of structured public sector practitioner panel seminars, convened at the Open University Business School (OUBS) as part of a three-year study assessing the meaning and significance of entrepreneurship for the practice of public management. The seminars were structured around issues emerging from a detailed literature review. Reflecting the structure of the seminars, findings are presented around four themes: (a) the meaning of entrepreneurship as applied to public services; (b) the impact of entrepreneurial behaviour on traditional public service values; (c) contingencies that relate to entrepreneurial public management; and (d) outcomes of entrepreneurship. In the initial section of the paper traditional theories of the entrepreneur are contrasted with the way in which entrepreneurship has recently been linked to social, rather than individual goals. Methodology is then discussed, exploring the way in which field notes were generated and analysed. Key outcomes are then presented. The research reveals a balance between entrepreneurial behaviour and bureaucratic accountability, and a concern that public services, rather than individual goals are achieved. Entrepreneurial behaviour is found to exist across the public services, but it is recognized that there may be a core of activities that do not lend themselves to entrepreneurial behaviour. In the discussion section a number of implications emerging from the research are presented.


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