Montclair State
University - Department of Legal Studies
A Guide to Legal Studies Technology
An NJSBA Presentation
Don't Panic
- If you are reading this you are probably on the World Wide Web for one of
the first times. A few important things to remember are:
-
- Do not feel stupid if you cannot find what you search for. The Web is an
untamed wilderness or an unexplored quadrant of the galaxy, depending upon your
preferred metaphor. There is no overall map, but many destinations.
- Whether you are new to the Web or not, there are valuable and fun resources
for you to explore. Be adventurous.
- If you have a goal or destination in mind, plan your trip. Think about how
you intend to find what you seek. Plan alternate routes.
- Keep in mind that the Internet and the World Wide Web, which is a part of
the Internet, is a developing resource used by a world community. Act
accordingly. Be responsible, Be polite. Be helpful.
- Browse the Department's Web site to gain confidence. Then blast off for
other cyberspace locations.
- Use the Legal Studies Web site to explore the Department's curricula,
interact with faculty and students, become involved in Department activities.
The Cultural and Commercial Revolution that is the Internet
The printing press was almost immediately used to create marketing
flyers.
The telegraph, the telephone, the fax, and E-Mail altered commercial
relations permanently.
The Internet will have the very same effect over time.
However, technological innovation in an individual firm must be
comprehensive and integrated in the total practice.
A computer can be used as a super typewriter and only marginally increase
efficiency and productivity.
Integration of technology in the flow of a firm's production requires an
internal change in culture.
History of the Internet
- The Internet began as a defense initiative to "bomb proof" the
nation's computer communications system from nuclear attack.
- This initiative sought to eliminate the threat of destruction by
electromagnetic pulse and physical destruction, essentially what U.S. military
forces did in Iraq during the Gulf War to Iraq's command and control systems.
- When the technology of the Arpanet, as it was called, became dated by
military standards, the military developed Milnet and the Internet gradually
migrated into civilian use by research institutions, educational institutions,
and government organizations.
- By its very design, the Internet eschewed centralized control. The
watchword and intent of the Internet, as originally conceived, is redundancy
reduncancy redundancy.
- No one owns the Internet. No one controls the Internet. It is commonly
owned, designed and policed by consensus.
- What is the Internet? - The Internet is a communications
system. It is composed of servers, routers, repeaters, and networks which
supply information to Internet users.
- Servers are computers which hold information and data and provide
services. Every server on the Internet has an address called a URL. Servers
have uniform addresses which usually appear as follows: CHSS.MONTCLAIR.EDU.
- CHSS is the name of a computer. Montclair is the name of an institution.
EDU signifies the nature of the site - in this case educational.
- Many of you are aware of E-Mail addresses which take a similar form. My
E-Mail address, for instance is leclair@saturn.montclair.edu. LeClair is my
user name. @ tells the Internet that location is coming next. Saturn is the
name of a computer at Montclair State University. Montclair is the institution
and EDU is the type of site, in this case educational.
- The World Wide Web is a protocol or a system of rules which is uniformly
followed by users of the Internet who wish to transfer hypertext documents.
- A hypertext document is minimally a page of information with links to other
computer sites imbedded in it. HTTP://CHSS.MONTCLAIR.EDU is a World Wide Web
site. If I create a link to
another
location, also called an anchor, if I click on that location, the site is
contacted and information retrieved.
- HTTP means Hyper Text Transfer Protocol. HTTP preceding an address
informs the Internet hardware that the World Wide Web protocol is being used.
- CHSS designates a location, in this case the College of Humanities and
Social Science. MONTCLAIR is the institution and EDU is the type of site.
- In addition to the World Wide Web, WWW, the Internet uses other protocols
to standardize transfer of information across the Web.
- Gopher, Archie, Veronica, FTP, and Gopher are some such standards. Each
Standard requires utility programs running at both the server and the
requesting site.
- Gopher is merely a text version of the WWW which preceded it and was
used widely by educational institutions. Although not pretty to look at, Gopher
provides access to valuable legal information.
- Veronica
- Archie
- FTP means File Transfer Protocol. It is a utility which standardizes
the rules for moving files from one location to another.
Beware "free use". The Internet culture is
free-wheeling and generally insensitive to property rights
Beware privacy issues. Information posted or sent on the Internet
is inherantly insecure.
Beware of "doing business" on line. Standards for
electronic lawyering have not been established. Malpractice in cyberspace may
be an entire industry in the future.
Valuable Web Sites for Research
Pacer
Government
sites
U.S. Code
CFR
Web Tools
If it's on the web these
search
engines will find it. Search engines are web sites that let you look for
other sites.
What Lawyers Need to Get on the Web
- A high speed modem (MODulator DEModulator) running, optimally at
28,800 BAUD (Bits per Second).
- A fast computer - A Pentium processor running at least 75 mhz, with
8 megabytes of Random Access Memory (RAM), 350 megabytes of hard drive storage,
a super video graphics adaptor (SVGA).
- An access provider such as the Microsoft Network (MSN), America
Online (AOL), Compuserve, or Prodigy or a service provider such as
Concentric or IDT.
- An access provider is a full service provider which gives users services
such as newsreaders, access to almanacs and encyclopedias, and information
services such as Dow Jones or the New York Times, and access to Chat rooms
where users can meet electronically to exchange information in real-time.
- The downside to access providers is that their service is often
slow. File transfer can be tedious.
- A service provider provides faster access without the frills and is
excellent for the more experienced web user. Concentric and IDT give
subscribers free copies of Web browsers such as Netscape, the premier browser.
- Although Service Providers are excellent tools, the premier resource for
attorneys is probably Lexis Counsel Connect, a full service service
provider for attorneys.
- Counsel Connect provides access to late breaking cases, statutes,
discussion forums, brief databases,
- Counsel Connect's LIBRARY is a source of wide ranging federal legal
material. Supreme Court opinions and many circuit court opinions are available.
Legal questions can be explored in the LIBRARY through searches of both case
law and briefs and memoranda on file at Counsel Connect. Federal lawyers can
find successful briefs which can be massaged to meet their needs in LIBRARY
- Reliability of Substantive Materials Remains a Hazard Perhaps the
greatest hazard in using the Web is reliability of material. Web searching for
case law or statutes is not uniformly reliable.
- Educational institutions, which currently account for a majority of the
links to federal sites and provide case law, regulations, and statutes on their
own do not guarantee that their materials are current or accurate.
- Although problematic, if used as heuristic tools rather than substantive
source materials, federal materials on the Web and through other utilities such
as Gopher and Veronica, can mean the difference between spending $4.00 an
on-line minute for services such as WESTLAW and LEXIS and spending $1.00 an
hour on the Internet. Certainly, caution is warranted, but careful use of Web
resources can be rewarding.
The Future of Internet and Intranet
Eventually the Internet will be merged with internal infobases in law firms.
Although not directly connected, Intranets are internal resources which law
firms in the future will store their information in some form of hypertext
documents which can be accessed both internally and externally, by
permission, of course.
The Intranets will provide internal infobases for research, client file
management, and litigation support.
Folio, a product of Reed Elsiveer and LEXIS, is a hypertext infobase
manager which can seemlessly link proprietary databases such as
LEXIS/NEXIS/MEDIS, legal applications such as Michie's CD ROM service, and
legal applications programs such as Jurisoft FullAuthority which generates
tables of authorities, CompaRITE, a document redline and comparision tool, and
CiteRite, a cite checking program.
Law Firm Use of the Internet
Law firms must think comprehensively about using the internet.
The Internet can be used as an offensive weapon to gather intelligence
about adversaries, opposing parties, and corporations.
The Internet can be used as a tool to explore new markets.
The Internet can be used as a marketing tool.
Revised January 1999