1. Presented by:Presented by:
May 3, 2013May 3, 2013
Errol Adams, J.D., M.L.S., COB’sErrol Adams, J.D., M.L.S., COB’s
Law LibrarianLaw Librarian
The Law Library & An Intro to Writing &The Law Library & An Intro to Writing &
Publication for Publication for the UWI/LLBPublication for Publication for the UWI/LLB
Program Faculty at COBProgram Faculty at COB
2. Discovering Bahamian LawDiscovering Bahamian Law
At COB’s s Law Library you have had access to a variety of print publications includingAt 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, TheMarketing - Partnership with Eugene Dupuch Law School, The Attorney General, The
Supreme Court, Court of Appeal and The Bahamian Bar Association, Law ReformSupreme Court, Court of Appeal and The Bahamian Bar Association, Law Reform
Commission (Commission (Face Book,Face Book, LinkedInLinkedIn,, TwitterTwitter,, Google+Google+ PinterestPinterest && Word press Blog PageWord 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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3. 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 withAssist 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. examplesAssist in publishing via online repositories etc. examples
Digital CommonsDigital Commons,,
Open Journal Systems/Public Knowledge Project (OJS/PKR),Open Journal Systems/Public Knowledge Project (OJS/PKR),
WordPress,WordPress, DrupalDrupal andand DspaceDspace (Pearse & Keele, 2012).(Pearse & Keele, 2012).
Assist with copyright policies (publication agreements & marketingAssist with copyright policies (publication agreements & marketing
articlesarticles
Assist with “Durham Statement on Open Access to LegalAssist with “Durham Statement on Open Access to Legal
Scholarship."Scholarship."
Assist in compliance with theAssist in compliance with the Model Code of EthicsModel Code of Ethics
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4. What is wrong with Scholarly LegalWhat is wrong with Scholarly Legal
Writing?Writing?
““ In its format, style, and method of publication, though, theIn its format, style, and method of publication, though, the
law review differs significantly from journals in otherlaw review differs significantly from journals in other
academic fields: law review writing style is oftenacademic 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 reviewspublished in law reviews do notdo not undergo the double-blindundergo the double-blind
editorial review process that is standard elsewhere ineditorial review process that is standard elsewhere in
academia; rather, they are looked over by… unqualifiedacademia; rather, they are looked over by… unqualified
student editors and selected based on factors that may havestudent editors and selected based on factors that may have
nothing to do with their rigor or empirical validity—a situationnothing to do with their rigor or empirical validity—a situation
that has been called a case ofthat 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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5. Peer ReviewPeer Review
Peer Review is a “…process that requires experts in a particular fieldPeer 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 theNon-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 notWith 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 ofRecently, “legal scholars began adopting the tools and approaches of
other fields to their own discipline….under 60% of all citations in lawother 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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6. Planning & ResearchingPlanning & Researching
Choosing A Topic :Choosing A Topic :
Novel ; non-obvious; useful & sound; Topics may be drawn from databases; PreemptionNovel ; 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; anExamples 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 caseBackground - 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 takeinterdisciplinary; 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, journalsenforcement & controversy), how to guides, journals
Draft; Actual Writing; Use Footnotes or endnotes (Word Features)Draft; Actual Writing; Use Footnotes or endnotes (Word Features)
OSCOLAOSCOLA && Blue BookBlue Book
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7. 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
7
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8. Law ReviewLaw Review
IntroductionIntroduction
Overview SectionOverview Section
Statute & court decisionsStatute & court decisions
AnalysisAnalysis
Policy argumentsPolicy arguments
ConclusionConclusion
OrganizingOrganizing
Practical Work Transformed Into ArticlesPractical Work Transformed Into Articles
Time AllocationTime Allocation
Setting AsideSetting Aside
Choosing A TitleChoosing A Title
8
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9. 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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10. 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 forUse 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 insee 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,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 shouldA 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 importantreview 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 subjectthat 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 – SeptemberTiming – Mid march – April & Mid August – September
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11. Requirements for Journal Submissions/PostRequirements 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 limitsPage or Word limits
Request to see all changes prior to printingRequest to see all changes prior to printing
After acceptance retain copyright and grant theAfter 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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12. CopyrightCopyright
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’ digitalClear marking on faculty members’ digital
depositsdeposits
Use of persistent identifies/DOIUse of persistent identifies/DOI
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13. 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(1992) The National Conference Of Law Reviews Model Code Of
Ethics: Final Text And Comments , Law Review 75 Marq. L Rev 509 (1992).Ethics: Final Text And 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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Hinweis der Redaktion
Lexis – Contract renegotiations includes passwords for all students & Bahamian Law Reports Westlaw - In progress Heinonline – Contract renegotiations …Ongoing Justis – Contract renegotiated include Justcite….Ongoing Statute Laws 2009, Bahamian Statutory Instruments 2009, Gazettes– Government Printing Office Legislative History; House of Assembly Velma Newton
“ Durham Statement on Open Access to Legal Scholarship,“ which calls for all law schools to stop publishing their journals in print format and to rely instead on electronic publication coupled with a commitment to keep the electronic versions available in stable, open, digital formats. GENERAL OBLIGATIONS RULE 1.1 INTEGRITY .................................. 514 RULE 1.2 DILIGENCE ................................. 514 RULE 1.3 CONFIDENTIALITY .......................... 514 RULE 1.4 CONFLICTS OF INTEREST .................... 515 RULE 1.5 REPORTING MISCONDUCT ................... 515 RULE 1.6 REMEDIAL MEASURES ...................... 516 II. OBLIGATIONS OF THE LAW REVIEW STAFF A. Obligations to Authors RULE 2.1 SOLICITATION OF MANUSCRIPTS AND OFFERS TO PUBLISH ................................. 517 RULE 2.2 PUBLICATION SCHEDULES ................... 517 RULE 2.3 EDITING OF MANUSCRIPTS .................. 518 RULE 2.4 PROGRESS REPORTS AND OTHER COMMUNICATIONS .......................... 519 RULE 2.5 COPYRIGHTS, ADAPTATIONS, AND REPUBLICATIONS ........................... 519 RULE 2.6 ADVISING AUTHORS ABOUT THE CODE OF ETHICS ..................................... 519 B. Obligations to the Law School RULE 3.1 SELECTION OF THE LAW REVIEW STAFF .... 520 RULE 3.2 SELECTION OF THE LAW REVIEW EDITORS . 520 RULE 3.3 LAW REVIEW STAFF RELATIONS ............ 520 RULE 3.4 RELATIONS WITH THE STUDENT BODY ...... 521 RULE 3.5 RELATIONS WITH THE LAW SCHOOL ........ 521 RULE 3.6 RELATIONS WITH OTHER LAW REVIEWS ... 522 III. OBLIGATIONS OF THE LAW REVIEW AUTHOR A. Obligations to the Law Review RULE 4.1 ORIGINALITY OF MANUSCRIPTS SUBMITTED FOR PUBLICATION ........................... 522 RULE 4.2 SOLICITATION AND ACCEPTANCE OF PUBLISHING OFFERS ........................ 523 1992]MAR QUETTE LAW REVIEW RULE 4.3 WITHDRAWAL OF MANUSCRIPTS OR PROMISED MANUSCRIPTS .................... 523 RULE 4.4 DEALINGS WITH THE LAW REVIEW STAFF.. 524 RULE 4.5 COPYRIGHTS, ADAPTATIONS, AND REPUBLICATIONS ........................... 525 B. Obligations to Readers RULE 5.1 ATTRIBUTION ............................... 525 RULE 5.2 VERIFICATION OF SOURCES .................. 526 RULE 5.3 DISTORTION OF SOURCES .................... 527 RULE 5.4 CONTRADICTORY AUTHORITIES
As authors of law journal articles may draw from other areas such as gender studies, sociology, philosophy , political theory etc. Open - the identity of the reviewers are unmasked Single-blind - masks the identity of the reviewer from the author (most beneficial) Double-blind – masks the identity of the reviewer and author from each other
Market may be saturated with that topic so it must be a novel topic Preemption checking – verifying topic is original or rewrite the conclusion
Impact of FACTA on Offshore Law
Intro – Scope Note/roadmap
How to obtain an order of protection Wills in the Bahamas
Berkley $2.00 for electronic submission to each law review; $6.50 for each paper submission
Retaining the copyright allows you to reuse or distribute the paper otherwise you will have to request permission to use or distribute portions of your paper
Journals liberally grant permission for the reproduction of articles. Provided the copyright is for educational use, copies are distributed at or below costs National Conference of Law reviews Model Code of Ethics