Presented by:Presented by:

May 3, 2013May 3, 2013

Errol Adams, J.D., M.L.S., COB’s Errol Adams, J.D., M.L.S., COB’s Law Librarian Law Librarian

The Law Library & An Intro to Writing & The Law Library & An Intro to Writing & Publication for Publication for the UWI/LLB Publication for Publication for the UWI/LLB

Program Faculty at COBProgram Faculty at COB

Discovering Bahamian LawDiscovering Bahamian Law At COB’s s Law Library you have had access to a variety of print publications including At COB’s s Law Library you have had access to a variety of print publications including

Halsbury Laws and access to four major legal databases: Halsbury Laws and access to four major legal databases: LexisLexis WestlawWestlaw HeinonlineHeinonline JustisJustis

Bahamian LawsBahamian Laws HansardsHansards Status of Law Libraries in the BahamasStatus of Law Libraries in the Bahamas Marketing - Partnership with Eugene Dupuch Law School, The Attorney General, The Marketing - Partnership with Eugene Dupuch Law School, The Attorney General, The

Supreme Court, Court of Appeal and The Bahamian Bar Association, Law Reform Supreme Court, Court of Appeal and The Bahamian Bar Association, Law Reform Commission (Commission (Face Book, LinkedIn, , Twitter, , Google+ Pinterest & & Word press Blog Page))

Collection development listing of books/items that the Law Library should carry.Collection development listing of books/items that the Law Library should carry. Faculty must submit a listing of reserve items within the first week of the semesterFaculty must submit a listing of reserve items within the first week of the semester Guest BloggingGuest Blogging

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What Can a Law Librarian Do?What Can a Law Librarian Do? Help you use resources in your research (Pearse & Keele, 2012).Help you use resources in your research (Pearse & Keele, 2012). Assist in verifying references and bring articles into conformity with Assist in verifying references and bring articles into conformity with

applicable citation standards i.e. Blue Book or OSCOLA (Pearse & applicable citation standards i.e. Blue Book or OSCOLA (Pearse & Keele, 2012).Keele, 2012).

Assist in publishing via online repositories etc. examples Assist in publishing via online repositories etc. examples Digital Commons, , Open Journal Systems/Public Knowledge Project (OJS/PKR), WordPress, WordPress, Drupal and and Dspace (Pearse & Keele, 2012). (Pearse & Keele, 2012).

Assist with copyright policies (publication agreements & marketing Assist with copyright policies (publication agreements & marketing articlesarticles

Assist with “Durham Statement on Open Access to Legal Assist with “Durham Statement on Open Access to Legal Scholarship."Scholarship."

Assist in compliance with the Assist in compliance with the Model Code of Ethics

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What is wrong with Scholarly Legal What is wrong with Scholarly Legal Writing?Writing?

“ “ In its format, style, and method of publication, though, the In its format, style, and method of publication, though, the law review differs significantly from journals in other law review differs significantly from journals in other academic fields: law review writing style is often academic fields: law review writing style is often characterized by excessive article length and annotation. characterized by excessive article length and annotation. ….specific references, are a common feature. …most articles ….specific references, are a common feature. …most articles published in law reviews published in law reviews do not do not undergo the double-blind undergo the double-blind editorial review process that is standard elsewhere in editorial review process that is standard elsewhere in academia; rather, they are looked over by… unqualified academia; rather, they are looked over by… unqualified student editors and selected based on factors that may have student editors and selected based on factors that may have nothing to do with their rigor or empirical validity—a situation nothing to do with their rigor or empirical validity—a situation that has been called a case of that has been called a case of ‘lunatics running the asylum.’”‘lunatics running the asylum.’” …”(Koulikov, 2010, p. 40).…”(Koulikov, 2010, p. 40).

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Peer Review Peer Review Peer Review is a “…process that requires experts in a particular field Peer Review is a “…process that requires experts in a particular field

to evaluate an author’s work and ideas in that same field” to evaluate an author’s work and ideas in that same field” (McCormack, 2009, p.59).(McCormack, 2009, p.59).

Non-doctrinal scholarship i.e. scholarship dealing with the Non-doctrinal scholarship i.e. scholarship dealing with the intersection of law and other disciplinesintersection of law and other disciplines

Systems of peer review: Open; Single-blind & Double-blindSystems of peer review: Open; Single-blind & Double-blind With the peer review process “statements and opinions are not With the peer review process “statements and opinions are not

arbitrary, experiments and data meet specific standards ….” ( 2009 p. arbitrary, experiments and data meet specific standards ….” ( 2009 p. 64). 64).

Recently, “legal scholars began adopting the tools and approaches of Recently, “legal scholars began adopting the tools and approaches of other fields to their own discipline….under 60% of all citations in law other fields to their own discipline….under 60% of all citations in law review articles are to other law reviews, rather than to books. review articles are to other law reviews, rather than to books. …”(Koulikov, 2010, p. 40).…”(Koulikov, 2010, p. 40).

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Planning & ResearchingPlanning & Researching Choosing A Topic :Choosing A Topic :

Novel ; non-obvious; useful & sound; Topics may be drawn from databases; Preemption Novel ; non-obvious; useful & sound; Topics may be drawn from databases; Preemption checking – checking –

Examples of topic types: Summarize a substantive area of law or procedure; an Examples of topic types: Summarize a substantive area of law or procedure; an unresolved problem or a solution to sameunresolved problem or a solution to same

ResearchResearch Background - read treatises, law review article & books on your topic (conflicting case Background - read treatises, law review article & books on your topic (conflicting case

law)law) Use citations & citators; Primary and Secondary Authorities; other sources – Use citations & citators; Primary and Secondary Authorities; other sources –

interdisciplinary; policy oriented, legislative & news; Keep research organized and take interdisciplinary; policy oriented, legislative & news; Keep research organized and take good notesgood notes

Find adverse authorities - CredibilityFind adverse authorities - Credibility WritingWriting

Types of Scholarly Legal Writing- Law Review (case comments, case notes & Types of Scholarly Legal Writing- Law Review (case comments, case notes & competition papers), competition papers), Substantive-law articles(the development of the law, Substantive-law articles(the development of the law, enforcement & controversy), how to guides, journals enforcement & controversy), how to guides, journals

Draft; Actual Writing; Use Footnotes or endnotes (Word Features)Draft; Actual Writing; Use Footnotes or endnotes (Word Features) OSCOLA & & Blue Book

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Substantive Law ArticleSubstantive Law Article IntroductionIntroduction The Law its development and enactmentThe Law its development and enactment Discussion of the issues – primary & Discussion of the issues – primary &

Secondary Authorities, Disputable issuesSecondary Authorities, Disputable issues Practical ConsequencesPractical Consequences ConclusionConclusion

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Law ReviewLaw Review Introduction Introduction Overview SectionOverview Section Statute & court decisionsStatute & court decisions AnalysisAnalysis Policy arguments Policy arguments ConclusionConclusion OrganizingOrganizing Practical Work Transformed Into ArticlesPractical Work Transformed Into Articles Time AllocationTime Allocation Setting AsideSetting Aside Choosing A TitleChoosing A Title

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How To GuideHow To Guide IntroductionIntroduction Description of ….Description of …. Discussion of whyDiscussion of why Relevant forms, civil procedure/criminal etcRelevant forms, civil procedure/criminal etc How to… How to… ConclusionConclusion

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PublishingPublishing Initially submit to all relevant Law Journals or the top 25Initially submit to all relevant Law Journals or the top 25 Look at each law review’s submission guidelinesLook at each law review’s submission guidelines Use electronic submission services : Berkeley Electronic Press Site for Use electronic submission services : Berkeley Electronic Press Site for

Legal Scholars; Social Science Research Network (SSRN):Legal Scholars; Social Science Research Network (SSRN): A copy of the paper, preferably in PDF formatA copy of the paper, preferably in PDF format An abstract of the paperAn abstract of the paper Keywords describing the paperKeywords describing the paper JEL (Journal of Economic Literature) Codes, if any. On the JEL codes, JEL (Journal of Economic Literature) Codes, if any. On the JEL codes,

see http://www.aeaweb.org/journal/jel_class_system.php. For papers lacking an economic element, a JEL code see http://www.aeaweb.org/journal/jel_class_system.php. For papers lacking an economic element, a JEL code in the K1, K2, K3 or K4 categories should be appropriate. For more detail on these codes, in the K1, K2, K3 or K4 categories should be appropriate. For more detail on these codes, see http://www.aeaweb.org/jel/guide/jel.php?class=K.see http://www.aeaweb.org/jel/guide/jel.php?class=K.

A list of journals to which the paper should be submitted for distribution. You should A list of journals to which the paper should be submitted for distribution. You should review http://papers.ssrn.com/sol3/displayjournalbrowse.cfm to identify the journals in question. It is important review http://papers.ssrn.com/sol3/displayjournalbrowse.cfm to identify the journals in question. It is important that this be done with some care, because papers may only appear slowly, if at all, in the appropriate subject that this be done with some care, because papers may only appear slowly, if at all, in the appropriate subject matter journals if the selection process is left to SSRNmatter journals if the selection process is left to SSRN

Use free Submission forms on each journals websiteUse free Submission forms on each journals website Ian Randle PublishersIan Randle Publishers Timing – Mid march – April & Mid August – September Timing – Mid march – April & Mid August – September

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Requirements for Journal Submissions/Post Requirements for Journal Submissions/Post AcceptanceAcceptance

Cover Letter with a brief abstractCover Letter with a brief abstract WordPerfect or Word form, WordPerfect or Word form, Times New Roman, 12 pointTimes New Roman, 12 point Page or Word limits Page or Word limits Request to see all changes prior to printingRequest to see all changes prior to printing After acceptance retain copyright and grant the After acceptance retain copyright and grant the

journal only non exclusive copyrights to the paperjournal only non exclusive copyrights to the paper Promote your paper (marketing – Social Media etc.)Promote your paper (marketing – Social Media etc.)

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Copyright Copyright Licenses/Versions/IndentifiersLicenses/Versions/Indentifiers

Author retains copyrightAuthor retains copyright Non-exclusive temporary licenseNon-exclusive temporary license Allow authors to self archiveAllow authors to self archive Distribution rights/venuesDistribution rights/venues Clear policy on article version terminologyClear policy on article version terminology Clear marking on faculty members’ digital Clear marking on faculty members’ digital

depositsdeposits Use of persistent identifies/DOIUse of persistent identifies/DOI

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ReferencesReferences Campbell, K., Vick, D. W., Murray, A. D., & Little, G. F. (1999). Journal Publishing, Journal Reputation, and the United

Kingdom's Research Assessment Exercise. Journal Of Law & Society, 26(4), 470. Retrieved from EBSCOhost  April 29, 2013

Closen, M. L &. Jarvis R. T. M. (1992) The National Conference Of Law Reviews Model Code Of Ethics: Final Text And (1992) The National Conference Of Law Reviews Model Code Of Ethics: Final Text And Comments , Law Review 75 Marq. L Rev 509 (1992).Comments , Law Review 75 Marq. L Rev 509 (1992).

Craik, N., Bryden, P., & Ireton, K. (2011). Law Review: Scholarship and Pedagogy in Canadian Law Journals. Queen's Law Journal, 36(2), 393-441 Retrieved from EBSCOhost  April 29, 2013

Keele, B. J. & Pearse, M. (2012). How Librarians Can Help Improve Law Journal Publishing. 104 Law Libr. J. 383 (2012). Retrieved from Heinonline April 20, 2013.

Koulikov, M. (2010). Indexing and Full-Text Coverage of Law Review Articles in Nonlegal Databases: An Initial Study. Law Library Journal, 102(1), 39-57.   Retrieved from EBSCOhost  April 29, 2013

Lebovits, G. (January , 2006). Academic legal Writing : How to Write and Publish. New York State Bar Journal. 78-Jan N.Y. St B.J. 64. Retrieved from Westlaw April 25, 2013.

McCormack, N. (2009). Peer Review And Legal Publishing: What Law Librarians Need To Know About Open, Single-blind ,And Double-blind Reviewing Law Library Journal Vol. 101:1 [2009-3]. Retrieved from Heinonline April 13, 2013.

Thompson, J. (1996). Teaching Legal Research to Faculty: Accommodating Cultural And Learning Style Differences. 88 Law. Libr. J. 280 1996. Retrieved from Heinonline April 13, 2013.

Volokh, E & Schwartz G.T. (2007). Academic Legal Writing: Law Review Articles, Student Notes, Seminar Papers, And Getting On Law Review. Foundation Press, New York, 3rd Ed.

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