Vincent G. Rinn Law Library

3-D Printing - Now at Your Local Library , Home Gun Shop & Beyond

"Over the past 40 years, public libraries have followed popular culture through the ever-more-abstract artifacts of the digital age, offering music and video in every format, public computers for Internet access, online branches, and downloadable content...." More recently a number of libraries have turned back to the tangible and become involved in providing what are termed "Maker Spaces", including  hosting and supporting the local use of 3-D Printing machines.

The technology called 3-D Printing, also known as Additive Manufacturing, is used to build things by depositing material, layer by layer. It was once  a very expensive process used by industrial design for prototyping and model making.  Over the last 30  years it has become a wide-spread technology, affordable and accessible to small businesses and individuals. ( See Extensive Wikipedia entry for 3D printing )

The 3-D machines use software that provides a digital blueprint of an object which  direct the layer by layer assembly.  Fabrication materials can include liquids, powders, or sheet materials which are used to build the model from a series of cross sections.

A recent article in Library Journal, "The Makings of Maker Spaces, Part 1: Space for Creation, Not Just Consumption", describes how the new 3-D printing hardware and software are beginning to be hosted by and used in public libraries. This signals that as traditional libraries have been losing users to both their physical locations and online resources. New services and activities provided by and at the library, can engage and retain users in novel ways.

However, this emerging use of 3-D printing by students and hobbyist in the library has much more serious applications and implications, as a new form of manufacturing. A current law student article in "Cause of Action" the DePaul law student newspaper, "3-D Printing Technology Meet the Bill of Rights" (Feb. 14, 2013, p.6), alerts us to how 3-D printing can  provided the ability for individuals to manufacture their own working guns at home !  ( Probably not at the local library )

The author points to the work of a group calling itself Defense Distributed, that has demonstrated the ability to produce a restricted part for an assault rifle. He poses the question of how this emerging capability could seriously undermine the ability of governments to place restrictions on gun purchases. One can see how such requirements as background checks and even possible registration of guns, might become unfeasible, for weapons acquired in this fashion.

The author focuses on the possible implications if the government sought to then, control the availability and use of the software instructions for making these weapons. Much of the hardware designs and software for using personal 3-D printing are open source. As intellectual property or ideas, he sees First Amendment rights of expression implicated in any attempts by government to restrict the use and sharing of such software.

Such protagonist in this arena, like  "Defense Distributed", explicitly view their activities as part of the political contention around the use of guns in our society. In  Forbes article, "'Wiki Weapon Project' Aims To Create A Gun Anyone Can 3D-Print At Home", Cody Wilson, a 24-year-old second-year law student at the University of Texas, makes this clear :

"...But he doesn’t deny that the project’s goal is to subvert gun control regulations in America and around the world. “It’s one of the ideas of the American revolution that the citizenry should be the owners of the weapons,” says Wilson. “Every citizen has the right to bear arms. This is the way to really lower the barrier to access to arms. That’s what this represents.”

As serious as the implications from this use of 3-D printing are, there are sure to be many more disruptive effects both positive and negative, on society, from the continued development and uses of a technology that the Economist magazine describes as, amounting to a third industrial revolution.

"Open States" Web Site Has Legistative Information For All States

The idea for the Sunlight Foundation's, Open States Project, began in 2009. From an initial core of volunteers from several states, the project has gathered volunteer contributors from all 50 staes plus Wash. D.C. & Puerto Rico. With additional contributions of computer expertise and a grant to  build the public web site, the Open States web site is now operational.

The interface allows citizens to locate their state representatives by entering an address or clicking on online maps or entering a legislator's name. Short biographical information, plus some news stories are provided. Links to the bills that the legislator has sponsored and recent votes on other legislation are presented. Summary charts of campaign contributions are provided with links to more detailed data from followthemoney.org  and  opensecrets.org  .

Bills for the current and several past legislative sessions can be searched by chamber, sponsor, status, type of bill or resolution, and subject ( free text not an index). The full text of the bill can be called up. Roll call votes are also accessible. There is a tracking tool called Scout from the Sunlight Foundation that alerts you when Congress or your state capitol talks about or takes action on issues you care about.

Open States tutorial

[ Hat Tip to Librarian Maria Willmer on our staff ]

ABA Opens Door to Legal Education Re-Structuring

The news from the American Bar Association , Task Force on the future of Legal Education, regarding recommendation for basic changes in legal education, surprised many observers of the legal market and law schools. The committee is delivering its ground-breaking recommendations a year a head of their two year mandate. The committee along with many members of the the legal profession and the legal academy, believe that the time for incremental change is over and drastic and fundamental changes are needed now.

While the problems of overcapacity in the market for lawyers, had been increasing for years. It wasn't till the worldwide economic crisis forced a basic change in the economic sustainabilty of law firms that changes in the legal profession began to be taken seriously on a wide spread basis.

Of course,  problems in  the law firms did not leave law schools unaffected. With sizable layoffs of associates and even some partners, the potential job market for law school graduates, got even tighter. But it took a few years for the wave in the legal profession to hit the law schools in a significant way.

A few years ago, those of us who work in law schools were asked how these difficulties in the legal marketplace were affecting our law school programs. More and more stories were appearing about the growing number of unemployed or under-employed law grads who could not pay back their huge student loans. Surprisingly, it seems to have taken a few years before the impact  became apparent in the law schools. This was both attributed to law student execeptionalism and "magical thinking " and also, to less than forthright marketing information from the law schools.

Beyond the lack of available positions, in the law firms, the semi-official training and mentoring process that use to actually develop practicing lawyers who could bill for their time,  began to dry up. Under the new economic conditions, clients were no longer willing to be subsidizing these lawyers-in--training by the fees they were being charged.

This highlighted the fact that law schools had not been providing this kind of practice-oriented knowledge and experience, as part of the law school curriculum. However, in the new context, this could provide law schools with an important area for expansion of the curriculum to help fill this gap and also improve the job prospects of students.

In a fashion similar to the legal market, it seems that the long-looming problems with law schools, have not been responded to in an adequate fashion, until the recent sharp drop in law school applications. criticisms  of the existitng system and recommendations for changes and many isolated innovative experiments, had been ongoing for years. But it has taken a serious economic threat to law school  viability that has forced the legal education establishment to begin implementing basic changes.

The ABA seems to be both a surprising initiator in this process, and an indispensable actor in it. The new recommendations actually undo part of what the ABA has put in place through its formal accreditation authority. Loosening requirement on matters such as minimum credits, the use of non-full time faculty, law classes for non-law students, having fewer tenured faculty, indicates that the old structure that the ABA sanctioned, needs to altered to deal with an urgent situation and that they are the ones to begin the process. While the state judicial authorities and Bar examiners will have to be involved in accepting these changes. The iniatives from the ABA, begin the tangible process that other actors can react to and follow.

So far the ABA sections recommendations include :

• Shortening law school to two years instead of three.
• Making greater use of non-tenured faculty to teach more practice courses.
• Possibly hiring fewer tenured faculty with a heavy focus on research.
• Including continuing education for faculty in pedagogy.
• Offering more non-traditional and innovative teaching methods.
• Having students take relevant non-law courses, such as business courses.
• Allowing students from other disciplines to take law courses relevant to their career plans.
• Fostering closer ties with practicing lawyers to provide instruction and mentoring.
• And in an area that really questions how legal services are provided - creating new legal practitioners with a limited legal license to provide a limited range of legal services.

These new recognized categories of legal workers, will actually change the meaning of what has been considered "the un-autharized practice of law" and "maintaining the legal monopoly" by others. Online businesses like as Legal Zoom, are already testing this type of market. Recognition of new types of legal workers, will legitimize these practices and help make basic legal services by properly trained personnel available to ordinary people at costs they can afford. An unexpected but welcome potential outcome arising from the present upheaval in the legal arena.

"Sea Changes & Burning the Ships" - Report On State of Legal Market

Thomson Reuters and the Georgetown Law Center for the Study of the Legal profession have released an insightful report, "2013 Report on the State of the Legal Market", that examines the basic changes that have been underway for some time that promise to reshape the practice of law.

The report points out that it is not only the effect of  the worldwide economic downturn that is responsible for the difficulties in the legal marketplace.  But several interrelated changes and trends that have been emerging, that have been accelerated by the effects of the economic crisis.

Some of the key factors the report identifies include :

Emerging technologies and new  workflows that simplify tasks and allow a more competitive playing field and the entry of new non-traditional actors into the market.

A commoditization of legal services that enable a division of legal services into tasks that can be accomplished routinely for less cost, either within the firm of by new non-traditional providers. Corporate client are also dis-aggregating matters. Parcelling out parts of matters to different firms which can provide the most cost effectiveness.

A fundamental change in the power of clients to bargain with their hired law firms. Because of the economic environment, clients are no longer willing to accept rising fees for legal work that they had little influence over. Clients want and now get alternative fee arrangement, input into legal strategies and continuing accountability for work being done.

There has been an overcapacity of new lawyers even before the economic downturn. Prior to 2008, "productivity growth in the legal market was essentially flat". The declining economy has exacerbated this overcapacity with firms laying off staff and associates and even partners to reduce costs. The report relates that legal consultant, Bruce MacEwen, states that"for the next ten years it is likely that American law schools will be graduating over twice as many new lawyers as will be needed to fill the jobs available".

Law firms will need to be even more competitive to survive.  Internal use of business re-engineering methods and project management will be needed, to achieve the efficiencies and prices demanded by clients. Firm will also need to  play to their own strengths to differentiate themselves among competitors.

In the area of the globalization of legal services, big firms have actually been very actively moving into international markets. The report says that "2012 was a banner year for global expansion of U.S. and international law firms." This appears to be the one area where firms are showing strategic judgement.

The report does not have high expections that current management in U.S. law firms takes these changes and their implications for the legal profession, seriously. They cite a"2012 law Firms in Transition Survey" by Altman Weil, that while 90% of managing partners recognized these trend as permanent. Many partners at firms "...have shown only a low level of seriousness about changing.

The report opened with reference to what Hernando Cortez told his soldiers to  do, to insure that they would not be able to go back on confronting  the indigenous population - "burn the ships".  In other words, removing the safety net and fundamentally changing your options, may be required to deal with a new reality.

It still appears that many in the legal profession are still just bailing water with no vision to fundamentally re-structure what they are doing on their "ships".

DePaul Law Professor Terry Smith Book Event at Barnes & Noble

Professor Terry Smith is a Distinguished Research Professor of Law at DePaul College of Law and a nationally recognized expert on voting rights. He will be discussing and signing his book, "Barack Obama, Post-Racialism, and the New Politics of Triangulation", at the DePaul Barnes & Noble Bookstore, DePaul Center, 1 E. Jackson Boulevard, Chicago,  IL 60604

Praise for the book :

"Mission Accomplished! Terry Smith sets out to illustrate how African Americans have fared in a post racial triangulation society. He is critical of the triangulation theory, yet, provides a balanced critique filled with statistics and further evidence of its impact on the African American Community. He exposes judicial and political hypocrisy in the unpleasant realities regarding race, politics and money. It is an act of courage to describe the harsh truth facing disparities in the African American community economically, socially and politically. Yet, Terry Smith does all these things well. He speaks truth to power and hopefully we will all listen." - Gilda R. Daniels, associate professor, University of Baltimore School of Law and former Deputy Chief of the United States Department of Justice, Civil Rights Division, Voting Section

Description of book from DePaul Law School News

New Simplified, User-friendly Interface Added To Census FactFinder2

After providing nearly 15 years of service to data seekers in libraries, businesses and government, the Census Bureau retired its legacy American FactFinder online search tool. The new version, aptly named, American FactFinfder 2, was released January 18, 2011.  It changed the way users  would search for, access and interact with U.S. Census Bureau data.

The changes in the interface were rather dramatic, and unexpected by many users of the traditional FactFinder interface. Fairly soon after its introduction, complaints and criticism began to be heard. Below are some quotes from blog posts expressing the dissatisfaction of traditional users, soon after its introduction.

"If you use data from the U.S. Census Bureau, you have probably already noticed the radical change to the American Fact Finder tool. If you are frustrated by these changes, know that you are most definitely, not alone. The new AFF (or AFF2 as the Census Bureau advertised) no longer has the Turbo Tax-esque guided search feature that allowed users to build a query step-by-step. Instead, the new AFF thrusts users into a convoluted and overly-designed interface that makes it very difficult to figure out where to start."
( Usability Gone Wrong: American Fact Finder 2 )

"For those of us providing census data services through the old FactFinder, this transition is a little painful. Sometimes it really is tough to teach old dogs new tricks.  The interface is different, the terminology is different, the access process is different – but, the new system also contains a wealth of new capabilities and consolidates virtually all of the Census Bureau’s data products into one access system."

"Since the new FactFinder was unveiled in January of 2011 for the release of the 2010 Census results there have been whoops and cries from data users around the country who didn’t like it.  It wasn’t intuitive (of course neither is the old one when you first access it!)..."                                                                     ( Finding Demographic Facts with the New FactFinder! )

It appears that the Census Bureau has heard these complaints and last month released an additional, more user-friendly interface to be used alongside or instead of Facfinder 2. Their news release states "The new features include a simplified main page design, the option for a guided search and an enhanced community facts tool, providing options for both novice and advanced data users."

The new "Guided Search" does appear to provide a less complex and confusing search process that takes users step-by-step in defining their search. The Guided Search presents users with five major categories from which to begin their search : People, Housing, Business or Industry, Dataset, or a specific table title.

Subsequent steps prompt the user to add additional parameters to refine their search. This process seems much more straight forward and understandable when compared with the similar process in the  advanced FactFinder2 interface.

While the advanced version  does contains a wealth of new capabilities. It's original iteration felt like it was designed by computer technicians for demographers, rather than for members of the public or even experienced librarians. The new additional simplified interface should bring back users who had begun using alternative Census data retrival products, like Social Explorer, Data Ferret.

 

Presentation On Social Networks & Privacy

Trusting Online Law - UELMA Has A Way To GO

In a recent posting on the blog of the Canadian legal news web site, Slaw, Judith Gaskell, former Director of the Law Library of Congress and former Director of the DePaul Rinn Law library, wrote about the present status of UELMA ( Unifrom Elecronic Materials Act ) .

UELMA was drafted in response to a request from the American Association of Law Libraries (AALL), following the AALL’s 2007 National Summit on Authentication of Digital Legal Information. She reports on it's introduction into the legislatures of several states and it's adpotion by two of these. She also briefly descibes the basic requirements under the act.

Working through the National Conference of Commissioners on Uniform State laws ( Uniform Law Commission ), advocates develop uniform state laws that can eventually be introduced to states for their adoption. Much work and discussion goes into the creation of such an act. And much publicizing and lobbying is required to gain adoption. UELMA is only five  pages long. But the fact that the Commission has dedignated UELMA as  a "uniform law", attests to the importance it attaches to the issue.

“The Uniform Electronic Legal Material Act establishes an outcomes-based, technology-neutral framework for providing online legal material with the same level of trustworthiness traditionally provided by publication in a law book.” The Act itself covers three critical areas: authentication, preservation and public access."

Sections 5 and 6 of the Act cover authentication. Section 5 requires the state to insure that  the record received by the user is unaltered from the official published record . Section 6 ceates a presumption that the authenticated record is accurate and can only be challenged by a preponderance of the evidence. Section 8 deals with public access.

The need for legislation like UELMA became clear as more and more states began publishing legal information electronically and also beginning to discontinue their print publications containing this information. For the purposes of public information and for use in litigation, questions arose regarding the staus of such electronically-published materials. Could they be relied upon as accurate and official versions of the former hard copy sources ?

The application of UELMA in several states, that have introduced it, covers several main sources of legal information : the state constitution, statutes & codes, session laws, agency rules. But intermediate documents in the law-making process, such as bills, amendments and proposed rules are not included. Judicial opinions may also not be included , usually in defrence to the judicial branch, on separation of powers considerations.

Section 8 of the uniform act provides for permanent public access. However, given some of the language of this section there is room for  discretion in implementation by the states. The standards state that legal materials should be " reasonably available" and  would allow for the removal of such material under "reasonable conditions".

Under these standards the format and interface used to distribute the information online, could actually impede public access. Materials that are suppose to be retained permanently, could still be removed. Even fees for public access could be implimented under this wording.

There is another aspect of "public access" that was not meant to be part of UELMA but that is worth mentioning since it may become of increasing importance in the future. The federal government has been providing freely accessible data sets from many of its agencies for use by non-profit and for-profit entities, to use to create new applications and information products for the public and the marketplace.

UELMA was not written to address this secondary form of "public access" in the context of the states. Advocates of greater public access would hope that the  state agency or official named as the “official publisher”, according to the law, would be aware of and amenable to providing access to this type of data for reuse, as well as the traditional versions of the text of laws and regulations.