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Teaching Legal Research with Technology Tools: A U.S. Perspective

Teaching Legal Research with Technology Tools: A U.S. Perspective. Alex Zhang Washington and Lee University School of Law. The Hicks Debate: A Rough Timeline. What Have I Learned from the Debate?. Not just about teaching legal bibliography v. legal process

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Teaching Legal Research with Technology Tools: A U.S. Perspective

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  1. Teaching Legal Research with Technology Tools: A U.S. Perspective Alex Zhang Washington and Lee University School of Law

  2. The Hicks Debate: A Rough Timeline

  3. What Have I Learned from the Debate? • Not just about teaching legal bibliography v. legal process • Premise 1: we are in a complex system • Premise 2: we have limited resources • Question is what would be the most effective legal research teaching methodology?

  4. What Have I Learned from the Debate? Legal Complexity → Legal Research Complexity Effective Legal Research methodology to “handle” the legal complexity? • Technology Tools Limited Resources, etc.

  5. What Have I Learned from the Debate? Legal Complexity → Legal Research Complexity Effective Legal Research methodology to “handle” the legal complexity? • Technology Tools Limited Resources, etc.

  6. What Have I Learned from the Debate? Legal Complexity → Legal Research Complexity Effective Legal Research methodology to “handle” the legal complexity? • Technology Tools Limited Resources, etc.

  7. What Have I Learned from the Debate? Legal Complexity → Legal Research Complexity Effective Legal Research methodology to “handle” the legal complexity? • Technology Tools Limited Resources, etc.

  8. What Have I Learned from the Debate? Legal Complexity → Legal Research Complexity Effective Legal Research methodology to “handle” the legal complexity? • Technology Tools Limited Resources, etc.

  9. Legal Complexity: A Marco-Level View Legal System Complexity Institutions Norms and Principles Actors Dynamic Interactions Legal Research Complexity Facts Primary Law Secondary Resources Process: Rules + Facts through reasoning = Arguments Legal Reasoning Complexity Analogical (case-based) Reasoning: similarities and differences Deductive Reasoning: Facts and Rules

  10. Legal Complexity: A Marco-Level View Legal System Complexity Institutions Norms and Principles Actors Dynamic Interactions Inner working and impact of institutions; Changing norms and principles; Power dynamic of actors; Legal Research Complexity Facts Primary Law Secondary Resources Process: Rules with Facts through reasoning = Arguments Easier access to source/more filtering; Mapping more complicated process/complicating the mapping process Legal Reasoning Complexity Analogical (case-based) Reasoning: similarities and differences Deductive Reasoning: Facts and Rules Expediting or Delaying the Process; Revealing or Misleading the Process; More reasoning technique to evaluate Technology

  11. Teaching Legal Research with Technology Tools • Legal System Complexity: institutions, norms and principles, actors, etc. • Tools to analyze agency’s rulemaking behavior: united regulatory agenda – new ways to understand old resources • Tools to study state courts: http://www.courtstatistics.org • Tools to study Congress: https://www.congress.gov/about/data

  12. Teaching Legal Research with Technology Tools • Legal reasoning complexity: what is the reasoning value of predictive analytics?

  13. Teaching Legal Research with Technology Tools • (Teaching) Legal research complexity: • Teaching Rulemaking Process • Mapping the process & Understand the different value of Federal Register and Code of Federal Regulation • Data/Information Visualization Tools using Reverse Engineering

  14. Teaching Legal Research with Technology Tools Legal System Complexity Limited Resources Legal Research Complexity Better Legal Research Instruction? Legal Reasoning Complexity Technology Tools

  15. Teaching Regulation Research with Technology Tools with Limited Resources: An Open System Approach

  16. Teaching Legal Research with Technology Tools Legal System Complexity Limited Resources Legal Research Complexity Better Legal Research Instruction? Legal Reasoning Complexity Technology Tools Inside the library: resource allocation/priority adjustment Open System Network Outside the library: collaboration for expertise/skills/projects

  17. Teaching Legal Research with Technology Tools Precedent still is enthroned, and peterefontes is still good advice, but the fountains have been submerged in an ocean of books. Chart and company are needed to guide one over the trackless waters to the well-springs now more or less obscured. Frederick C. Hicks 1917

  18. Teaching Legal Research with Technology Tools Precedent (legal complexity) still is enthroned, and peterefontes(pursuing roots and anticipating future) is still good advice, but the fountains have been submerged in an ocean of books (resources, tools) . Chart (reasoning, technology and thinking framework) and company are needed to guide one over the trackless waters to the well-springs now (even) more or less obscured. Frederick C. Hicks 1917

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