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Expansive Legal Research

  • Yolanda P. Jones
Abstract
Abstract

This article will introduce an approach to teaching legal research called Expansive Legal Research. The Expansive Legal Research perspective is based upon dissertation research on legal information behavior at a law school legal aid clinic. This approach is inspired by an educational perspective called Expansive Learning, which in turn has roots in the psychological theory called Activity Theory. The Expansive Legal Research perspective includes elements inspired by Expansive Learning and Activity Theory such as a focus on an activity-centered context of both the individual and social aspects of human behavior; the design-oriented nature of human problem-solving; the role of tacit knowledge and unwritten rules in daily activity and practice; and a cultural historical approach to learning and development, where both the user and their tools are undergoing a constant process of growth and change and transformation. An Expansive Legal Research approach, and the theory it is based upon, may provide new insights into legal research instruction, and may be a useful tool for legal research instructors.

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1 Boulder Conferences on Legal Information: Scholarship and Teaching, https://lawlibrary.colorado.edu/boulder-conferences-legal-information-scholarship-and-teaching. See also The Boulder Statements on Legal Research Education: The Intersection of Intellectual and Practical Skills (Mart Susan Nevelow ed., Heinemann, 2014).

2 Boulder Conferences on Legal Information: Scholarship and Teaching, https://lawlibrary.colorado.edu/boulder-conferences-legal-information-scholarship-and-teaching.

3 The Boulder Statements on Legal Research Education: The Intersection of Intellectual and Practical Skills (Mart Susan Nevelow ed., Heinemann, 2014). P. xii.

4 Yolanda Patrice Jones, “Just the facts Ma'am?” a contextual approach to the legal information use environment (2008), https://idea.library.drexel.edu/islandora/object/idea%3A2837.

5 See YRJÖ ENGESTRÖM, LEARNING BY EXPANDING: AN ACTIVITY-THEORETICAL APPROACH TO DEVELOPMENTAL RESEARCH (Orienta-Konsultit Oy. 1987). http://lchc.ucsd.edu/MCA/Paper/Engestrom/expanding/toc.htm; Yrjö Engeström, ENGESTRÖM YRJÖ, LEARNING BY EXPANDING: AN ACTIVITY-THEORETICAL APPROACH TO DEVELOPMENTAL RESEARCH (Cambridge University Press 2d ed., 2014); Engeström Yrjö & Sannino Annalisa, Studies of Expansive Learning: Foundations, findings and future challenges, 5 Educational Research Review 1 (2010), http://www.helsinki.fi/cradle/documents/Engeström%20Publ/Studies%20on%20expansive%20learning.pdf; Engeström Yrjö, et al. , Expansive Learning in a Library: Actions, Cycles and Deviations from Instructional Intentions, 6 Vocations and Learning 81(2013)

6 See SUSANNE BØDKER, THROUGH THE INTERFACE : A HUMAN ACTIVITY APPROACH TO USER INTERFACE DESIGN (L. Erlbaum. 1991); YRJÖ ENGESTRÖM, LEARNING BY EXPANDING: AN ACTIVITY-THEORETICAL APPROACH TO DEVELOPMENTAL RESEARCH (Cambridge University Press 2d ed. 2014); Olav W Bertelsen & Susanne Bødker, Activity Theory, in HCI MODELS, THEORIES, AND FRAMEWORKS: TOWARD A MULTIDISCIPLINARY SCIENCE (2003); Wolff-Michael Roth & Yew-Jin Lee, “Vygotsky's Neglected Legacy”: Cultural-Historical Activity Theory, 77 REVIEW OF EDUCATIONAL RESEARCH 186(2007); LEV S. VYGOTSKY & MICHAEL COLE, MIND IN SOCIETY: THE DEVELOPMENT OF HIGHER PSYCHOLOGICAL PROCESSES (Harvard University Press, 1978).

7 See Spasser Mark A., Thematic issue: Activity Theory and information studies - Issue editorial, 12 INFORMATION RESEARCH (2007) http://informationr.net/ir/12-3/geditor123.html; Wilson T. D., A re-examination of information seeking behaviour in the context of activity theory, 11 Information Research (2006), http://www.informationr.net/ir/11-4/paper260.html; T. D. Wilson, Activity theory and information seeking, 42 ANNUAL REVIEW OF INFORMATION SCIENCE AND TECHNOLOGY 119 (2008). http://dx.doi.org/10.1002/aris.2008.1440420111.

8 See SUSANNE BØDKER, THROUGH THE INTERFACE: A HUMAN ACTIVITY APPROACH TO USER INTERFACE DESIGN (L. Erlbaum. 1991); Olav W Bertelsen & Susanne Bødker, Activity theory, in HCI MODELS, THEORIES, AND FRAMEWORKS: TOWARD A MULTIDISCIPLINARY SCIENCE (2003).

9 See Callister Paul D., Time to Blossom: An Inquiry into Bloom's Taxonomy as a Means to Ordered Legal Research Skills, 102 L, 191 Lib. J 198 (2010). http://www.aallnet.org/mm/Publications/llj/LLJ-Archives/Vol-102/publljv102n02/2010-12.pdf.

10 See Stuart Sutton, The Role of Attorney Mental Models of Law in Case Relevance Determinations: An Exploratory Analysis, 45 JOURNAL OF THE AMERICAN SOCIETY FOR INFORMATION SCIENCE 186(1994); Anita Komlodi & Dagobert Soergel, Attorneys Interacting with Legal Information Systems: Tools for Mental Model Building and Task Integration, 39 PROCEEDINGS OF THE AMERICAN SOCIETY FOR INFORMATION SCIENCE AND TECHNOLOGY 152(2002); Krieger Stefan H., The Development of Legal Reasoning Skills in Law Students: An Empirical Study, 56 J. LEGAL EDUC. 332 (2006), http://scholarlycommons.law.hofstra.edu/faculty_scholarship/569.

11 See Lihosit Judith, Breaking Down the Black Box: How Actor Network Theory Can Help Librarians Better Train Law Students in Legal Research Techniques, 106 LAW LIBRARY JOURNAL 211 (2014), http://www.aallnet.org/main-menu/Publications/llj/LLJ-Archives/Vol-106/no-2/2014-12.pdf.

12 See Yolanda Patrice Jones, “Just the facts Ma'am?” A contextual approach to the legal information use environment (2008). https://idea.library.drexel.edu/islandora/object/idea%3A2837.

13 See Lihosit Judith, Research in the Wild: CALR and the Role of Informal Apprenticeship in Attorney Training, 101 LAW LIBR. J. 157(2009), http://aallnet.org/main-menu/Publications/llj/LLJ-Archives/Vol-101/pub_llj_v101n02/2009-10.pdf.

14 Lihosit Judith, Research in the Wild: CALR and the Role of Informal Apprenticeship in Attorney Training, 101 LAW LIBR. J. 157, 158 (2009), http://aallnet.org/main-menu/Publications/llj/LLJ-Archives/Vol-101/pub_llj_v101n02/2009-10.pdf.

15 GERI GAY, ACTIVITY-CENTERED DESIGN: AN ECOLOGICAL APPROACH TO DESIGNING SMART TOOLS AND USABLE SYSTEMS (MIT Press, 2004). See also Victor Kaptelinin & Bonnie Nardi, ACTING WITH TECHNOLOGY: ACTIVITY THEORY AND INTERACTION DESIGN (MIT Press, 2006).

16 PAUL MAHARG, TRANSFORMING LEGAL EDUCATION: LEARNING AND TEACHING THE LAW IN THE EARLY TWENTY-FIRST CENTURY (Ashgate Publishing Ltd, 2007).

17 id. at 2.

18 id.

19 Davidson Stephanie, Way beyond legal research: Understanding the research habits of legal scholars, 102 Law Library Journal 561, 575 (2010).

20 Davidson Stephanie, Way beyond legal research: Understanding the research habits of legal scholars, 102 Law Library Journal 561, 575 (2010).

21 Davidson Stephanie, Way beyond legal research: Understanding the research habits of legal scholars, 102 Law Library Journal 561, 575 (2010), citing Toma J. Douglas, Understanding why scholars choose to work in alternative inquiry paradigms, 40 Research in Higher Education 539, 544–545 (1999).

22 See entry “agency and structure” in ANDREW EDGAR & PETER SEDGWICK, CULTURAL THEORY: THE KEY CONCEPTS (Routledge, 1999, 2002).

23 Martin Hollis, Philosophy of Social Science, THE BLACKWELL COMPANION TO PHILOSOPHY 375, 376 (2007). http://dx.doi.org/10.1002/9780470996362.ch14. See also Davidson Stephanie, Way beyond legal research: Understanding the research habits of legal scholars, 102 Law Library Journal 561(2010).

24 Nardi Bonnie, Context and Consciousness: Activity Theory and Human-Computer Interaction (MIT Press, 1996).

25 PAUL MAHARG, TRANSFORMING LEGAL EDUCATION: LEARNING AND TEACHING THE LAW IN THE EARLY TWENTY-FIRST CENTURY 3 (Ashgate Publishing, Ltd. 2007).

26 PAUL MAHARG, TRANSFORMING LEGAL EDUCATION: LEARNING AND TEACHING THE LAW IN THE EARLY TWENTY-FIRST CENTURY 6 (Ashgate Publishing, Ltd. 2007).

27 Center for Research on Activity, Development and Learning website, http://www.helsinki.fi/cradle/inspirations.htm.

28 YRJÖ ENGESTRÖM, LEARNING BY EXPANDING: AN ACTIVITY-THEORETICAL APPROACH TO DEVELOPMENTAL RESEARCH (Orienta-Konsultit Oy. 1987), http://lchc.ucsd.edu/MCA/Paper/Engeström/expanding/toc.htm

29 YRJÖ ENGESTRÖM, LEARNING BY EXPANDING: AN ACTIVITY-THEORETICAL APPROACH TO DEVELOPMENTAL RESEARCH (Cambridge University Press 2d ed. 2014).

30 Yrjö Engeström, Enriching the theory of expansive learning: Lessons from journeys toward coconfiguration, 14 MIND, CULTURE, AND ACTIVITY 23, 24 (2007). http://www.helsinki.fi/cradle/documents/Engeström%20Publ/Enriching%20expansive%20learning.pdf.

31 Wolff-Michael Roth & Yew-Jin Lee, “Vygotsky's Neglected Legacy”: Cultural-Historical Activity Theory, 77 REVIEW OF EDUCATIONAL RESEARCH 186, 218 (2007). http://rer.sagepub.com/content/77/2/186.abstract.

32 See Yolanda Patrice Jones, “Just the facts Ma'am?” a contextual approach to the legal information use environment (2008), https://idea.library.drexel.edu/islandora/object/idea%3A2837, Mark A. Spasser, Informing information science: The case for activity theory, 50 JOURNAL OF THE AMERICAN SOCIETY FOR INFORMATION SCIENCE 1136 (1999), and T. D. Wilson, Activity theory and information seeking, 42 ANNUAL REVIEW OF INFORMATION SCIENCE AND TECHNOLOGY 119 (2008).

33 See SUSANNE BØDKER, THROUGH THE INTERFACE : A HUMAN ACTIVITY APPROACH TO USER INTERFACE DESIGN (L. Erlbaum. 1991); Nardi Bonnie, Context and Consciousness: Activity Theory and Human-Computer Interaction (MIT Press, 1996); and Kaptelinin Victor & Nardi Bonnie, Acting with Technology: Activity Theory and Interaction Design (MIT Press, 2006).

34 T. D. Wilson, Activity theory and information seeking, 42 ANNUAL REVIEW OF INFORMATION SCIENCE AND TECHNOLOGY 119 (2008).

35 Kari Kuutti, Activity theory as a potential framework for human-computer interaction research, CONTEXT AND CONSCIOUSNESS: ACTIVITY THEORY AND HUMAN-COMPUTER INTERACTION (1996).

36 See Yolanda Patrice Jones, “Just the facts Ma'am?” a contextual approach to the legal information use environment (2008), https://idea.library.drexel.edu/islandora/object/idea%3A2837.

37 See A.N. LEONT'EV, ACTIVITY, CONSCIOUSNESS, AND PERSONALITY (Prentice-Hall, 1978). A.R. Luria, COGNITIVE DEVELOPMENT, ITS CULTURAL AND SOCIAL FOUNDATIONS (Harvard University Press, 1976). LEV S. VYGOTSKY & MICHAEL COLE, MIND IN SOCIETY: THE DEVELOPMENT OF HIGHER PSYCHOLOGICAL PROCESSES (Harvard University Press, 1978). There are multiple perspectives of Activity Theory. See also Yvonne Rogers, 57 Varieties of Activity Theory, 20 INTERACTING WITH COMPUTERS 247 (2008).

38 See LEV S. VYGOTSKY & MICHAEL COLE, MIND IN SOCIETY: THE DEVELOPMENT OF HIGHER PSYCHOLOGICAL PROCESSES (Harvard University Press, 1978).

39 See Lynne (E. F.) McKechnie, Vygotsky's Zone of Proximal Development, in Theories of information behavior (Information Today, Inc. 2005).

40 Wilson T. D., Activity theory and information seeking, 42 ANNUAL REVIEW OF INFORMATION SCIENCE AND TECHNOLOGY 119, 129 (2008). http://dx.doi.org/10.1002/aris.2008.1440420111 .

41 Carol Kuhlthau is best known for an information behavior theory she developed, which is known as the search process model. See Kuhlthau Carol, Seeking Meaning: A process Approach to Library and Information Services (Libraries Unlimited, 2004). See also Carol Kuhlthau, Information Search Process, https://comminfo.rutgers.edu/~kuhlthau/information_search_process.htm. Kuhlthau's concept of the zone of intervention is modeled on Vygotsky's notion of a zone of proximal development. Kuhlthau herself wrote two papers on legal information behavior. See Carol Kuhlthau & Charles Cole, Information and information seeking of novice users versus expert lawyers: how experts add value, NEW REVIEW OF INFORMATION BEHAVIOUR RESEARCH (2000) and Kuhlthau Carol & Tama S. L, Information search process of lawyers: A call for ‘just for me’ information services, 57 JOURNAL OF DOCUMENTATION 25 (2001).

42 See Vicki Lawal et al., Information literacy-related practices in the legal workplace: The applicability of Kuhlthau's model to the legal profession, JOURNAL OF LIBRARIANSHIP AND INFORMATION SCIENCE (2014).

43 T. D. Wilson, Activity theory and information seeking, 42 ANNUAL REVIEW OF INFORMATION SCIENCE AND TECHNOLOGY 119, 141 (2008). http://dx.doi.org/10.1002/aris.2008.1440420111.

44 See Engeström Yrjö, Expansive Learning at Work: Toward an activity theoretical reconceptualization, 14 JOURNAL OF EDUCATION AND WORK 133(2001).

45 See Yolanda Patrice Jones, “Just the facts Ma'am?” a contextual approach to the legal information use environment (2008) https://idea.library.drexel.edu/islandora/object/idea%3A2837, citing Vygotsky's Mediating Triangle, from Micheal Cole & Yrjö Engeström, A cultural-historical approach to distributed cognition, in DISTRIBUTED COGNITIONS: PSYCHOLOGICAL AND EDUCATIONAL CONSIDERATIONS 5 (1993).

46 See YRJÖ ENGESTRÖM, LEARNING BY EXPANDING: AN ACTIVITY-THEORETICAL APPROACH TO DEVELOPMENTAL RESEARCH (Cambridge University Press 2d ed. 2014).

47 See Yolanda Patrice Jones, “Just the facts Ma'am?” a contextual approach to the legal information use environment, (2008). https://idea.library.drexel.edu/islandora/object/idea%3A2837, citing Yrjö Engeström, Learning by expanding : an activity-theoretical approach to developmental research (Orienta-Konsultit Oy. 1987). Also see Michael Cole & Yrjö Engeström, A cultural-historical approach to distributed cognition, in Distributed cognitions: Psychological and educational considerations 8 (1993).

48 From Cultural-Historical Activity Theory (CHAT) and Developmental Work Research (DWR), http://www.helsinki.fi/cradle/chat.htm. This study of student legal researchers discussed in this article follows the line of Activity Theory research developed by Finnish researcher Yrjö Engeström (1987).

49 See Yolanda Patrice Jones, “Just the facts Ma'am?” a contextual approach to the legal information use environment, (2008). https://idea.library.drexel.edu/islandora/object/idea%3A2837, citing Patricia Collins et al., Activity theory and system design: A view from the trenches, 11 COMPUTER SUPPORTED COOPERATIVE WORK (CSCW) 55, 58 (2002).

50 See T.D. Wilson, A re-examination of information seeking behaviour in the context of activity theory, 11 INFORMATION RESEARCH (2006), http://www.informationr.net/ir/11-4/paper260.html.

51 Like Lego blocks? A similar “building block” concept of human consciousness can be found in MARVIN MINSKY, SOCIETY OF MIND (Simon and Schuster, 1988) at p. 21.

52 See Donald A. Schön, THE REFLECTIVE PRACTITIONER: HOW PROFESSIONALS THINK IN ACTION (Basic Books, 1983).

53 Roth Wolff-Michael & Lee Yew-Jin, “Vygotsky's Neglected Legacy”: Cultural-Historical Activity Theory, 77 Review of Educational Research 186, 200 (2007). http://rer.sagepub.com/content/77/2/186.abstract.

54 Jones Yolanda Patrice, “Just the facts Ma'am?” a contextual approach to the legal information use environment, 118 (2008). https://idea.library.drexel.edu/islandora/object/idea%3A2837.

55 The participant group consisted of law faculty and research assistants from a law school farmworker Legal Aid Clinic. The instructor for the clinic agreed to participate in the project. The observer was allowed to come to the first day's instruction and outline the project. Students were given the opportunity to opt-in to the project. The students who elected to participate were given informed consent forms. Internal Review Board (IRB) human subject approval was given for this project.

56 See Jones, supra note 5, at 105 for more details on the think aloud procedure. Although not the primary focus of this article, interesting results were found when due to scheduling issues a student pair searched a legal database as a team (see page 141).

57 Engeström Yrjö, Enriching the theory of Expansive Learning: Lessons from journeys toward coconfiguration, 14 Mind, Culture, and Activity 23, 24 (2007). http://www.helsinki.fi/cradle/documents/Engeström%20Publ/Enriching%20expansive%20learning.pdf.

58 Engeström Yrjö & Sannino Annalisa, Studies of Expansive Learning: Foundations, findings and future challenges, 5 Educational Research Review 1, 6(2010). http://www.helsinki.fi/cradle/documents/Engeström%20Publ/Studies%20on%20expansive%20learning.pdf.

59 Quote Page xiii Learning By Expanding.

60 Yrjö Engeström, Innovative learning in work teams: Analyzing cycles of knowledge creation in practice, in PERSPECTIVES ON ACTIVITY THEORY 377,384 (1999).

61 Engeström Yrjö & Sannino Annalisa, Studies of Expansive Learning: Foundations, findings and future challenges, 5 Educational Research Review 1, 7 (2010). http://www.helsinki.fi/cradle/documents/Engeström%20Publ/Studies%20on%20expansive%20learning.pdf.

62 See ENGESTRÖM YRJÖ, LEARNING BY EXPANDING: AN ACTIVITY-THEORETICAL APPROACH TO DEVELOPMENTAL RESEARCH (Cambridge University Press 2d ed. 2014).

63 See YRJÖ ENGESTRÖM, LEARNING BY EXPANDING: AN ACTIVITY-THEORETICAL APPROACH TO DEVELOPMENTAL RESEARCH (Cambridge University Press 2d ed. 2014).

64 See YRJÖ ENGESTRÖM, LEARNING BY EXPANDING: AN ACTIVITY-THEORETICAL APPROACH TO DEVELOPMENTAL RESEARCH (Cambridge University Press 2d ed. 2014).

65 One of the definitions of the word design in the OED is: “(a) To make drawings for the construction or creation of (something, as a building, object, garment, etc.) according to certain aesthetic criteria; (b) to make plans for the production of (a device, product, etc.) according to structural or functional criteria (sometimes without the implication of aesthetic requirements); (c) (in extended use) to conceive, devise, plan (something immaterial, as a scheme, system, programme, etc.).”

66 Engeström Yrjö & Sannino Annalisa, Studies of Expansive Learning: Foundations, findings and future challenges, 5 Educational Research Review 1, 2 (2010). http://www.helsinki.fi/cradle/documents/Engestrom%20Publ/Studies%20on%20expansive%20learning.pdf.

67 The term has been defined by the OED as “Resembling an interconnected, subterranean network of roots. Hence: non-hierarchical, interconnected.”

68 Yrjö Engeström, New forms of learning in co-configuration work, 16 JOURNAL OF WORKPLACE LEARNING 11 (2004). http://www.emeraldinsight.com/doi/abs/10.1108/13665620410521477. Pp. 16–17.

69 Annalisa Sannino, et al., LEARNING AND EXPANDING WITH ACTIVITY THEORY xiv (Cambridge University Press, 2009).

70 Id.

71 Supra note 64 at 2.

72 Engeström Yrjö & Sannino Annalisa, Studies of Expansive Learning: Foundations, findings and future challenges, 5 Educational Research Review 1, 3 (2010). http://www.helsinki.fi/cradle/documents/Engeström%20Publ/Studies%20on%20expansive%20learning.pdf. P.3.

73 YRJÖ ENGESTRÖM, LEARNING BY EXPANDING: AN ACTIVITY-THEORETICAL APPROACH TO DEVELOPMENTAL RESEARCH xx (Cambridge University Press 2d ed. 2014).

74 Id.

75 The book, The Change Laboratory, A Tool for Collaborative Development of Work and Education states that Analysis tools are provided to “…provide the practitioners with a mirror reflection of their activity by presenting specimens of the current practice and first hand data concerning the activity to be jointly examined…to represent and examine experiences from work practice, particularly problem situations and disturbances, but also novel innovative solutions. Videotaped work episodes as well as stories, interviews, customer feedback, and regular performance statistics are use in the mirror as well as cases that enabled the analysis of ruptures in the coordination and collaboration between actors.” JAAKKO VIRKKUNEN, THE CHANGE LABORATORY: A TOOL FOR COLLABORATIVE DEVELOPMENT OF WORK AND EDUCATION 15 (Springer Science & Business Media, 2013).

76 Engeström Yrjö & Sannino Annalisa, Studies of Expansive Learning: Foundations, findings and future challenges, 5 Educational Research Review 1, 12 (2010).

77 Quote Transforming Legal Education p. 26.

78 Find cite to April 2015 SEAALL program and other articles.

79 See, for example, Woxland Thomas A, Why Can't Johnny Research-or It All Started with Christopher Columbus Langdell, 81 LAW LIBR. J. 451(1989).

80 See Bowman Brooke J, Researching Across the Curriculum: The Road Must Continue Beyond the First Year, 61 Okla. L. Rev. 503(2008). http://adams.law.ou.edu/olr/articles/vol61/302bowmanarticleblu4.pdf.

81 Jeroen Huisman & Malcome Tight, Theory and Method in Higher Education Research § 1, 141 (Emerald Group Publishing. 2015).

82 See Annalisa Sannino et al., LEARNING AND EXPANDING WITH ACTIVITY theory (Cambridge University Press, 2009).

83 See Yrjö Engeström et al., Expansive Learning in a Library: Actions, Cycles and Deviations from Instructional Intentions, 6 VOCATIONS AND LEARNING 81(2013). http://dx.doi.org/10.1007/s12186-012-9089-6.

84 See Sibyl Coldham, CETL for Professional Learning from the Workplace: Using activity theory to facilitate curriculum development, 1 HIGHER EDUCATION, SKILLS AND WORK-BASED LEARNING 262 (2011). http://www.emeraldinsight.com/doi/abs/10.1108/20423891111179650.

85 See Paul D Callister, The Metacognitive Imperative, in THE BOULDER STATEMENTS ON LEGAL RESEARCH EDUCATION: THE INTERSECTION OF INTELLECTUAL AND PRACTICAL SKILLS (Susan Nevelow Mart ed. 2014).

86 Yrjö Engeström, LEARNING BY EXPANDING: AN ACTIVITY-THEORETICAL APPROACH TO DEVELOPMENTAL RESEARCH xix (Cambridge University Press 2d ed. 2014).

87 Susan G. Fowler, Results of participant observation in the Fifth Judicial District: Customizing the county law library to meet the needs of small firm attorneys in rural Kansas. 4th International Evidence Based Library & Information Practice Conference 6–11 May 2007 Chapel Hill-Durham, NC, USA (2007). http://www.eblip4.unc.edu/papers/Fowler.pdf.

88 See M. L. Cohen, Research habits of lawyers, 9 JURIMETRICS 183 (1969).

89 M. L. Cohen et al., How to Find the Law (1989).

90 M. L. Cohen, Research habits of lawyers, 9 JURIMETRICS 185 (1969).

91 M. L. Cohen, Research habits of lawyers, 9 JURIMETRICS 190 (1969).

92 M. L. Cohen, Research habits of lawyers, 9 JURIMETRICS 191 (1969).

93 See Yolanda Patrice Jones, “Just the facts Ma'am?” a contextual approach to the legal information use environment, (2008). https://idea.library.drexel.edu/islandora/object/idea%3A2837.

94 See Byström Katriina, The effects of task complexity on the relationship between information types acquired and information sources used, 1 The New Review of Information Behavior Research 85 (2000).

95 Lihosit Judith, Research in the Wild: CALR and the Role of Informal Apprenticeship in Attorney Training, 101 Law Libr. J. 157(2009). http://aallnet.org/main-menu/Publications/llj/LLJ-Archives/Vol-101/pub_llj_v101n02/2009-10.pdf.

96 JILL J. RAMSFIELD, LAW AS ARCHITECTURE: BUILDING LEGAL DOCUMENTS 16 (West, 2000).

97 Id.

98 Id.

99 See JEAN LAVE & ETIENNE WENGER, SITUATED LEARNING. LEGITIMATE PERIPHERAL PARTICIPATION (Cambridge University Press, 1991); ETIENNE WENGER, COMMUNITIES OF PRACTICE: LEARNING, MEANING, AND IDENTITY (Cambridge University Press, 1998).

100 JEAN LAVE & ETIENNE WENGER, SITUATED LEARNING. LEGITIMATE PERIPHERAL PARTICIPATION (Cambridge University Press, 1991); ETIENNE WENGER, COMMUNITIES OF PRACTICE: LEARNING, MEANING, AND IDENTITY (Cambridge University Press, 1998).

101 See Noriko Hara, Formal and Informal Learning: Incorporating Communities of Practice into Professional Development (2001). https://web.archive.org/web/20100910055045/ http://rkcsi.indiana.edu/archive/CSI/WP/WP02-04B.html; Noriko Hara & Rob Kling, Communities of practice with and without information technology, 39 PROCEEDINGS OF THE AMERICAN SOCIETY FOR INFORMATION SCIENCE AND TECHNOLOGY 338 (2002); and Noriko Hara, Information technology support for communities of practice: How public defenders learn about winning and losing in court, 58 JOURNAL OF THE AMERICAN SOCIETY FOR INFORMATION SCIENCE AND TECHNOLOGY 76 (2007).

102 See HERBERT SIMON, SCIENCES OF THE ARTIFICIAL 111 (MIT Press 3rd ed. 1996). Herbert Simon argued that “Engineers are not the only professional designers. Everyone designs who devises courses of action aimed at changing existing situations into preferred ones…Design, so constructed, is the core of all professional training; it is the principle mark that distinguishes the professions from the sciences. Schools of engineering, as well as schools of architecture, business, education, law, and medicine, are all centrally concerned with the process of design.”

103 The concept of lawyer as designer has been discussed in works such as Ramsfield Jill J., Law as Architecture: Building Legal Documents (West 2000), Thomas D. Barton & James M. Cooper, Preventive law and creative problem solving: Multi-Dimensional Lawyering (California Western School of Law, http://preventivelawyer.org) 2000), http://preventivelawyer.org/content/pdfs/Multi_Dimensional_Lawyer.pdf, and Rostain Tanina et al. , Thinking Like a Lawyer, Designing Like an Architect: Preparing Students for the 21st Century Practice, 88 CHI.-KENT L. REV. 743, 747 (2012). http://scholarship.kentlaw.iit.edu/cklawreview/vol88/iss3/5.

104 American Association of Law Libraries, Principles and Standards for Legal Research Competency (2013), http://www.aallnet.org/mm/Advocacy/legalresearchcompetency.

105 Note that in Callister's Paul D Time to blossom: An inquiry into bloom's taxonomy as a hierarchy and means for teaching legal research skills, 102 LAW LIBR. J. 191, 208 (2010) he is critical of active learning methodologies. While I believe active learning and experiential learning methodologies have value, in this article, my perspective is that the terms “active” and “experiential” are instructional methods that legal research instructors can use to help attorneys recognize that they are in control of a design process. This means that they should pay close attention to the development, content, and use of legal research tools, rather than the “inaction” of just using the “Google box,” or the “Black box” as Judith Lihosit put it in Breaking Down the Black Box: How Actor Network Theory Can Help Librarians Better Train Law Students in Legal Research Techniques, supra note 11.

106 Maharg, Paul and Owen, Martin, Simulations, Learning and the Metaverse: Changing Cultures in Legal Education. UK Centre for Legal Education, 2007, http://ssrn.com/abstract=999541.

107 PAUL MAHARG, TRANSFORMING LEGAL EDUCATION: LEARNING AND TEACHING THE LAW IN THE EARLY TWENTY-FIRST CENTURY 6 (Ashgate Publishing Ltd. 2007).

108 Thomas D. Barton & James M. Cooper. Preventive law and creative problem solving: Multi-Dimensional Lawyering http://preventivelawyer.org/content/pdfs/Multi_Dimensional_Lawyer.pdf.

109 Strong Frank R., Pedagogic Training of a Law Faculty, The, 25 J. Legal Educ. 226, 231(1972).

110 See Jill J. Ramsfield, Law as Architecture: Building Legal Documents (West, 2000).

111 Jill J. Ramsfield, Law as Architecture: Building Legal Documents Preface p. xvii (West, 2000).

112 See [Anonymous 2008] Details omitted for blind reviewing.

113 Cite my AALL Legal Research Teach-in Personal Law Library Assignment - http://www.aallnet.org/sections/rips/pdfs/23rd-Legal-Research-Teach-In/Presentations-and-Course-Materials/Personal-Law-Library-Project. Note that other personal law library assignments have been created in the past. My own assignment was based on a past legal research teach-in assignment, and Paul Callister, from his own theoretical perspective, also uses such assignments. See the “Building a Library Exercise” from Paul D. Callister, The Metacognitive Imperative, in THE BOULDER STATEMENTS ON LEGAL RESEARCH EDUCATION: THE INTERSECTION OF INTELLECTUAL AND PRACTICAL SKILLS 79 (Susan Nevelow Mart ed. 2014).

114 American Association of Law Libraries, Principles and Standards for Legal Research Competency (2013), available at http://www.aallnet.org/mm/Advocacy/legalresearchcompetency. See also American Association of Law Libraries, Core Legal Research Competencies: A Compendium of Skills and Values as Defined in the ABA's MacCrate Report: A Report by the American Association of Law Libraries' Research Instruction Caucus (1997), http://www.aallnet.org/sections/rips/research/Core-Legal-Research-Competencies/core.pdf.

115 See Jon Bing, Computers and Law: Some beginnings, 49 IT - INFORMATION TECHNOLOGY 71 (2007).

116 Andrea M Seielstad, Unwritten Laws and Customs, Local Legal Cultures, and Clinical Legal Education, 6 CLINICAL L. REV. 127 (1999).

117 It could be said that my own experience with the [Details omitted for blind reviewing] Law clinic as a participant/observer was an example of an embedded librarian in the clinical setting.

118 Vicenç Feliú & Helen Frazer, Embedded librarians: teaching legal research as a lawyering skill, VILLANOVA LAW/PUBLIC POLICY RESEARCH PAPER 540, 543 (2010), http://lawlib.unc.edu/aals/embedded.pdf.

119 See Jean Lave & Etienne Wenger, SITUATED LEARNING. LEGITIMATE PERIPHERAL PARTICIPATION (Cambridge University Press, 1991) and Etienne Wenger, COMMUNITIES OF PRACTICE: LEARNING, MEANING, AND IDENTITY (Cambridge University Press, 1998).

120 cite.

121 Susan G. Fowler, Results of participant observation in the Fifth Judicial District: Customizing the county law library to meet the needs of small firm attorneys in rural Kansas. 4th International Evidence Based Library & Information Practice Conference 6–11 May 2007 Chapel Hill-Durham, NC, USA (2007). http://www.eblip4.unc.edu/papers/Fowler.pdf.

122 Susan G. Fowler, Results of participant observation in the Fifth Judicial District: Customizing the county law library to meet the needs of small firm attorneys in rural Kansas. 4th International Evidence Based Library & Information Practice Conference 6–11 May 2007 Chapel Hill-Durham, NC, USA (2007). http://www.eblip4.unc.edu/papers/Fowler.pdf.

123 Jill J. Ramsfield, LAW AS ARCHITECTURE: BUILDING LEGAL DOCUMENTS 7 (West, 2000).

124 Paul D. Callister, Law's Box: Law, Jurisprudence and the Information Ecosphere, 74 UNIVERSITY OF MISSOURI-KANSAS CITY LAW REVIEW 263 (2005). http://papers.ssrn.com/sol3/papers.cfm?abstract_id=703062.

125 See Krieger Stefan H. & Kuh Katrina Fischer, Accessing Law: An Empirical Study Exploring the Influence of Legal Research Medium, 16 VAND. J. ENT. & TECH. L. 757 (2014), Margolis Ellie, Authority Without Borders: The World Wide Web and the Delegalization of Law, 41 SETON HALL L. REV. 909 (2011), Peoples Lee F., Death of the Digest and the Pitfalls of Electronic Research: What Is the Modern Legal Researcher to Do, The, 97 LAW LIBR. J. 661 (2005) and Berring Robert C., Collapse of the structure of the legal research universe: The imperative of digital information, 69 WASH. L. REV. 9 (1994). It could also be that the digests are just not as accessible after graduation.

126 Lihosit Judith, Research in the Wild: CALR and the Role of Informal Apprenticeship in Attorney Training, 101 LAW LIBR. J. 157, 159 (2009).

127 See for example, Mart Susan Nevelow, The Case for Curation: The Relevance of Digest and Citator Results in Westlaw and Lexis, 32 LEGAL REFERENCE SERVICES QUARTERLY 13(2013).

128 For an evaluation of the impact of the changes in the WestlawNext database service see Wheeler Ronald E., Does WestlawNext Really Change Everything-The Implications of WestlawNext on Legal Research, 103 LAW LIBR. J. 339 (2011).

129 See Staudt Ronald W & Medeiros Andrew P, Access to Justice and Technology Clinics: A 4% Solution, 88 CHI.-KENT L. REV. 695(2013).

130 Judith Lihosit, Research in the Wild: CALR and the Role of Informal Apprenticeship in Attorney Training, supra note 31 at p. 158.

131 Bowman Brooke J., Researching Across the Curriculum: The Road Must Continue Beyond the First Year, 61 OKLA. L. REV. 503(2008).

132 Stefan H Krieger & Katrina Fischer Kuh, Accessing Law: An Empirical Study Exploring the Influence of Legal Research Medium, 16 VANDERBILT JOURNAL OF ENTERTAINMENT & TECHNOLOGY LAW 757(2014).

133 See Yolanda Jones & Caroline Ilako, Dynamic Law Libraries: Access, Development and Transformation in Africa and the United States, (2015) http://library.ifla.org/1120/.

134 See Yolanda Patrice Jones, “Just the facts Ma'am?” a contextual approach to the legal information use environment, 335–336 (2008). https://idea.library.drexel.edu/islandora/object/idea%3A2837; George Kingsley Zipf, Human behavior and the principle of least effort (1949).

135 This concept of shaping and being shaped by our legal research tools was described in a 2005 blog post on the Out of the Jungle Blog. See Betsy McKenzie, The Shape of the Law, Out of the Jungle Blog, Thursday, December 15, 2005 http://outofthejungle.blogspot.com/2005/12/shape-of-law.html, citing Scott P. Stolley, The Corruption of Legal Research, For the Defense 39(April 2004). http://personal.law.miami.edu/rschard/corruption.pdf. See

136 Roth Wolff-Michael & Lee Yew-Jin, “Vygotsky's Neglected Legacy”: Cultural-Historical Activity Theory, 77 Review of Educational Research 186, 189 (2007). http://rer.sagepub.com/content/77/2/186.abstract.

137 Roth Wolff-Michael & Lee Yew-Jin, “Vygotsky's Neglected Legacy”: Cultural-Historical Activity Theory, 77 Review of Educational Research 186, 198 (2007). http://rer.sagepub.com/content/77/2/186.abstract.

138 Paul Maharg, Transforming Legal Education: Learning and Teaching the Law in the Early Twenty-First Century 3 (Ashgate Publishing Ltd. 2007).

139 Maharg Paul, Transforming Legal Education: Learning and Teaching the Law in the Early Twenty-First Century 3 (Ashgate Publishing Ltd. 2007).

140 Wenger Etienne, Communities of Practice: Learning, Meaning, and Identity (Cambridge University Press, 1998).

141 Judith Lihosit, Research in the Wild: CALR and the Role of Informal Apprenticeship in Attorney Training, supra note 31 at p. 167.

142 See George Kingsley Zipf, Human behavior and the principle of least effort (1949).

143 Callister Paul D, Time to blossom: An inquiry into bloom's taxonomy as a hierarchy and means for teaching legal research skills, 102 LAW LIBR. J. 191(2010).

144 Wenger Etienne, Communities of Practice: Learning, Meaning, and Identity (Cambridge University Press, 1998).

* Law Library Director and Associate Professor of Law, Florida A&M University College of Law. The author thanks everyone at the Florida A&M College of Law, the participants of the Southeast/Southwest People of Color Legal Scholarship Conference, and the participants of the Eighth Annual Boulder Conference on Legal Information: Scholarship and Teaching, in Chicago, IL who helped with their invaluable feedback.

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International Journal of Legal Information
  • ISSN: 0731-1265
  • EISSN: 2331-4117
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