|A Quarterly publication of the South Florida Association of Law
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SFALL Newsletter in Adobe Acrobat format.
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St. Thomas University
Before I begin this column, I would like to thank Mary Barmmer
for the grace and dignity with which she led SFALL this past year, and I look forward to
consulting with her as we forge ahead into the new millenium. I know I can also count on
our new Board members as well as from you, the membership, for your talents and
contributions during the upcoming year.
Having just returned from AALL's Annual Meeting in D.C., I am still
"cooling off" here in South Florida (hard to believe) from the sweltering heat
up there! I picked up a few good ideas from attending the Chapter Leadership Training
sessions which we can discuss at future business meetings. It was very interesting to note
how large many of the other AALL Chapters are in comparison to us, but how SFALL has
managed to keep up with the "big guys" for all these years. Kudos to our past
and current members for keeping SFALL alive and well.
Handouts of AALL Chapter websites (at least for those Chapters who have created
them, and which were up-to-date) from around the country were distributed to the
attendees, and we have every reason to be proud of the great job Alfred Holmes
did for SFALL's web pages! Other chapters favorably commented on our new
"sunshine" logo, as well as on the design and look of our site. Thanks to Linda
Datko for submitting the By-Laws, Lisa Smith-Butler for
submitting the newsletters, and to all those who have sent Alfred updated membership
information, and internet sites. Let's keep up the enthusiasm for developing this very
important web site, and assist Alfred in every possible way in keeping it current and
stocked with worthwhile information.
We are also encouraging members to join our newly created Chapter Listserv. It
is very simple to register and will only take a few minutes of your time. This listserv
will provide a means to quickly communicate with each other about our ideas, concerns, and
upcoming events (including the Holiday Dinner), so please join now!
to the sfall listserv
Once there, click on Register. When prompted for your e-mail address and
password, you can just use the one assigned to you at your library. Please also fill out a
short profile of yourself, so we can further identify you. If you have any problems or
questions, please call me at 305-623-2349, or send e-mail.
While Monica Wilson is planning some terrific educational
programs, Lisa Smith-Butler is working diligently in keeping us informed through
the SFALL newsletter. If you would like to write a column for insertion into the next
newsletter, Lisa will welcome your
SFALL excels because of its members. Let's all continue to work zealously
during the upcoming term to ensure that SFALL retains it's unique vitality as we
enter the year 2000.
Past Presidents Message
Akerman, Senterfitt & Eidson
As I write this column, I am reminded that it is the message from the "past
President" of SFALL. It is a surprising realizationthat a whole year has passed
by so quickly.
I hope that this past years membership in SFALL has proved beneficial to
you. If you have participated in any of the programs or attended any of the meetings this
past year, I hope that it has been a positive experience. Hopefully you took something
away from at least one presentation or meeting that made your attendance worthwhile and
your SFALL membership seem like a good investment.
I like to think that the time and energy each of us invests in our organization
throughout the year pays us back in the dividends of increased knowledge and a wider
network of resources that we can tap to meet the demands of our profession. Certainly we
all struggle to keep abreast of the latest technological changes that impact law
librarianship. We attempt to see the broader perspective.
At the same time, we are faced with the individualsometimes
pettydemands that confront us on a daily basis. Ideally, through our membership and
active participation in SFALL, we are better able to meet these challenges and see the
Seeing the bigger picture professionally while gaining the
"tools"the knowledgeto deal with the daily issues must be one of the
more important tangible benefits of our membership in a professional organization such as
Equally important are the intangible benefits of SFALL membershipthe
contacts, the networking, and the friendships that develop as you get to know fellow
members. SFALL membership has enriched my life this past year in myriad tangible and
intangible ways. I hope it has enriched yours as well.
Updating A Citation?
Shepards v. KeyCite
Nova Southeastern University
In the ongoing competition between Westlaw and Lexis-Nexis, electronic citators
have become involved. Previously Shepards was available on both Westlaw and Lexis.
As of July 2, 1999, Shepards is available exclusively on Lexis-Nexis. Westlaw is
countering the challenge with its relatively new citator service, KeyCite.
Screen shot of Shepard's
Shepards is available through a Lexis-Nexis subscription as well as its
Internet subscription, Shepards Online @ http://www.shepards.com.
In terms of longevity, Shepards is far better known than KeyCite. In 1873, Frank
Shepard developed the process of updating cases that has become known as shepardizing. For
decades, law students and novice attorneys have been admonished to "shepardize"
their cases and statutes. The term shepardize has become synonymous with updating.
While Shepards has evolved from a print citator to an electronic citator, there is
no print version of KeyCite. KeyCite was developed by West Publishing and introduced at
the 1997 AALL Conference in Baltimore, MD. What are the differences between the two
services? A discussion of the format and analysis functions of the two services as well as
a comparison will follow.
Shepards provides the researcher with the following information:
- parallel citations;
- subsequent case history;
- treatment by later cases; &
- citations to secondary sources such as ALRs and law reviews.
In Shepards, the researcher first finds parallel citations in parenthesis,
followed immediately by subsequent case history. Later case treatment has cases arranged
by jurisdiction (first U.S. Supreme Court, then Circuit Courts in numerical order, next
District Courts in alphabetical order by state, and finally state appellate courts in
alphabetical order by state). Within the jurisdictional arrangement, cases are structured
by date. The print Shepards uses a series of codes to indicate case
treatmenti.e. overruled (O), reversed (R), explained (E), distinguished (D),
followed (F)while the electronic Shepards simply lists this activity as a
heading over cases.
The electronic version of Shepards allows researchers to further refine
and narrow the research in ways not available in the print format. Using the Customs
Restrictions Form, researchers can limit their citations by jurisdiction, headnote,
negative analysis, positive analysis, concurring opinion, and dissenting opinion.
Hyper-text links to the full text of decisions and statutory provisions exist. Shepards
Online goes a step further with its new service known as Underpinnings. Underpinnings
shepardizes the cases cited within the researchers case, allowing the researcher to
view the status of authorities relied on in their case. Like KeyCite, Shepards
Online uses a series of traffic light colors, i.e. green, yellow, and red, to indicate
the status of a case. A green light indicates the case is "good law" while a
yellow light suggests negative treatment. A red light means the case has been overruled or
Shepards provides citator services for cases, statutes, rules, ordinances,
jury instructions and law review articles. While Shepards provides citation services
for citations reported in Federal, State and National Reporter publications, it is also
beginning to provide these services for unpublished cases available on Lexis.
Screen shot of Keycite
KeyCite is available through a subscription to Westlaw as well as a
separate subscription to its Internet site, KeyCite, at http://www.keycite.com.
KeyCite provides the researcher with:
- direct appellate history of a case;
- negative indirect history of a case;
- later case treatment citations to all cases published in the National Reporter series,
unpublished decisions, administrative decisions, and secondary sources on Westlaw;
- citations to USCA, CFR, and statutes from all fifty states; &
- integrates the citation service with all of the Westlaw features, including headnotes,
topics, and key numbers.
KeyCite uses a series of flags to indicate the status of the researchers
case. A green flag indicates that the case is still "good law" while a yellow
flag indicates caution: there has been some negative treatment. Red flags indicate that
the case has been overruled or reversed.
KeyCite organizes citing cases by the depth of treatment accorded a case, using
a star system. Cases with four stars indicate that the researchers case has received
extensive discussion while three stars indicate that the case received several paragraphs.
Two stars reflect some discussion while one star indicates that the case was merely cited.
Quotation marks indicate that quotes from the researchers case are included in the
citing case. Pin point citations (or hyper-text links) allow the researcher to jump
directly into any citing case that may interest him or her.
KeyCite also allows a researcher to limit the citation analysis by headnote,
jurisdiction, date, publication, document type, or depth of case treatment. Like Shepards
Online Underpinnings, KeyCite has a source known as the Table of Authorities.
This service helps researchers ascertain the status of the authorities cited in the
case upon which they are relying. KeyCite also provides a service know as KeyCite Alert
which functions like Westclip. If the researcher chooses to use KeyCite Alert,
she or he will be notified of any subsequent citations to the case.
Comparisons between the two citator services indicate that there are slight
variations. KeyCite returns results that include unpublished decisions on Westlaw. KeyCite
also provides greater coverage of law reviews than Shepards. As an example, I
shepardized and keycited U.S. v. McDonald, 456 U.S. 1 (1982). Keycite returned 495
citing references and 27 prior history citations for a total of 522 citations.
Shepards returned 23 prior history citations, 12 subsequent appellate history
citations, and 448 citing references for a total of 483 citations.
Clearly the entry of KeyCite as a citator service and the exclusivity of
Shepards on Lexis will change the way researchers update cases. Individuals without
subscriptions to either Lexis or Westlaw will be able to use Shepards and KeyCite. Shepards
Online (http://www.shepards.com) charges $4.95
per citation for updating while KeyCite (http://www.keycite.com)
charges $3.95 per citation. It remains to be seen whether KeyCite will also become
synonymous with updating.
AALL Annual Meeting
Nova Southeastern University
My first trip to the AALL Annual Meeting was a wonderful way to celebrate my
first year anniversary as a law librarian. Seeing old friends, networking with new
acquaintances and seeing Washington DC too, was just wonderful! The best part of the
conference for me was the Basic Legal Reference workshop developed by law librarian, Joan
Shear, from Boston College Law Library. The program was presented by a team of
librarians from all facets of the profession. Tours were arranged for anyone who wanted to
visit an academic law library, the Supreme Court library or one of two law firm libraries.
The two day workshop started with an introduction to reference in different library venues
and proceeded with a presentation of a musical skit that featured a patrons visit to
the reference desk at different stages of his career to demonstrate what might happen in
different library venues. The lyrics were put to the music of Guys and Dolls and it
proved to be very amusing as well as informative. The workshop covered the Basics of Legal
Research, Reading Legal Citations, Case, Law, Statutory Law, and Regulations Law. This
workshop also covered electronic and web-based research. What made this conference so good
was that they provided the material so we could do hands on research assignments. I really
recommend this workshop for training new law librarians.
The programs offered at the conference covered just about everything! Some of
the programs covered legal research, electronic publishing, legislative information, legal
resources, privacy, computer technology, law firm management, online research, censorship,
financial management, student workers, cataloging, collection development, the Internet
and the Web. The vendor exhibits were wonderful. Lexis and West both competed for the most
exposure. I gathered so many gifts at the vendor presentations that I actually shipped
them home from a terrific service that AALL offered at the convention hall. West seemed to
win the day with a grand opening of their Millennium presentation with Dick Clark counting
down the seconds. The best entertainment proved to be the performance of the Capital Steps
at the closing ceremony. Since the conference was held in Washington, their satirical
skits on politics seemed appropriate.
Busy county law library in downtown Ft. Lauderdale has immediate opening for
circulation/reference librarian. Legal reference and computer expertise necessary. Salary
range: $27,000.00 - $36,000.00 plus excellent benefits. Submit resume to:
201 S.E. 6th St.
Ft. Lauderdale, FL 33301
Information for the Newsletter
If you are interested in writing an article or have information for the SFALL
Newsletter, contact Lisa Smith-Butler at Nova Southeastern University, Shepard
Broad Law Center. She can be reached at (954) 262-6215 or firstname.lastname@example.org