W. Bruce Lunsford contribution to create Academy for Law, Business + Technology

With apologies for posting a press release as a blog post, the news that W. Bruce Lunsford has pledged $1 million to Chase under the direction of the Law + Informatics Institute for the creation of the the W. Bruce Lunsford Academy for Law, Business + Technology is exciting enough for us to share our news.

HIGHLAND HEIGHTS, Ky. (May 15, 2013) — The Northern Kentucky University Chase College of Law has received a $1 million gift from W. Bruce Lunsford to establish and support the W. Bruce Lunsford Academy for Law, Business + Technology.

Lunsford, a 1974 graduate of Chase College of Law, is chairman and CEO of Lunsford Capital, LLC, a private investment company headquartered in Louisville, Ky.

The W. Bruce Lunsford Academy for Law, Business + Technology will be an honors immersion program operated by the NKU Chase Law + Informatics Institute. The focus of the program will be to develop “renaissance lawyers” for the Information Age. The Lunsford Academy will provide students with the technological, financial and professional skill sets essential to the modern practice of law.  Through the program’s technology-driven, skills-based curriculum, students will acquire the fundamental skills that will make them more productive for their clients, more attractive to employers and better prepared to practice law upon graduation.

For those interested in learning more about the details of the program, the most comprehensive vision is provided in my forthcoming article from Connecticut Law Review. An working draft of the paper may be found here: Jon M.Garon, Legal Education in Disruption: The Headwinds and Tailwinds of Technology, (Conn. L. Rev. forthcoming) at SSRN: http://ssrn.com/abstract=2040560.

In addition to taking the program’s required and elective law and informatics courses, Chase students participating in the Lunsford Academy will have the opportunity to participate in technology-focused semester-in-practice placements and study abroad programs; they will also be able to seek joint degrees.

Chase College of Law partners with the NKU College of Informatics to offer a Juris Doctor/Master of Business Informatics and Juris Doctor/Master of Health Informatics and with the NKU Haile/US Bank College of Business to offer a Juris Doctor/Master of Business Administration.

Professor Jon Garon, director of the Law + Informatics Institute, said the development of the Lunsford Academy is the next step in the evolution of legal education. “In addition to a solid foundation in legal doctrine, theory and practice, law students need business education, information technology and intellectual property knowledge, and law practice management experience,” he said. “These skills will enable students to compete in today’s highly networked, efficient and global business community. The generous donation by Bruce Lunsford enables Chase to meet this challenge and redefine the scope of legal education.”

In recognition of Lunsford’s gift, the academy will be named the W. Bruce Lunsford Academy for Law, Business + Technology, upon approval by the NKU Board of Regents.

“We are extremely honored and pleased that Bruce has made this significant investment in our Law + Informatics Institute,” said Dennis R. Honabach, dean of the College of Law. “The Lunsford Academy will provide our law students with invaluable opportunities to become uniquely prepared for the modern practice of law.”

NKU Chase Law + Informatics Institute to Exhibit at the ABA TECHSHOW

NKU Chase Law + Informatics Institute will have a booth (No. 803) at the ABA TECHSHOW on April 4-6 in Chicago. As the Law + Informatics Institute continues to develop its national leadership in research and coursework integrating the regulation of information and use of technology into legal education, its participation in the expo will be an opportunity to showcase Chase and explore partnerships with cutting-edge legal technology vendors.  When registering, mention EP1315 to receive discounted registration.

ABA TECHSHOW

ABA sends takedown request to ethics opinions; misses the irony

Sam Glover at the Lawyerist.com reported on a takedown request aimed at Ernie Svenson, Ernie the Attorney. The work in question is ABA Formal Ethics Opinion 06-442, which sells for $20.00 on the ABA website. The ABA store also encourages membership, stating

Members of the The Center for Professional Responsibility receive a discount on this book. Join the Center or visit the The Center for Professional Responsibility website to learn more about the valuable resources included with your membership.

 American Bar Association

The ABA asks lawyers to volunteer their time and intellectual efforts, only to commercialize those efforts and sell them at a premium. It has policies demanding copyright from its volunteers that limit the dissemination of knowledge and frustrate the values of open access and improvement for the profession.

Congress recognized the importance of free access to law. The federal government cannot obtain copyright in works it authors – such as laws and reports – because there is no public benefit. State laws are treated as works in the public domain by case law.

Model laws and advisory opinions such as those published here by the ABA are not works in the public domain, so the ABA has every legal right to claim copyright in the works. As a primarily volunteer organization which relies on members time and efforts to create this content, the high prices and limits on access are inconsistent the values of the organization. The irony that a trade professional association dedicated to equal access to justice and the betterment of the profession demands payments for its guidance on how to practice law ethically will not be lost on the public, so why is it lost on the ABA leadership.

In contrast to the ABA’s approach, law schools around the country, including Harvard, Birkbeck, and Universidad de Puerto Rico have created open access to scholarly works. Perhaps the most expansive of resources is the Social Science Research Network, a global library of scholarship across most academic disciplines.

The ABA should continue to sell sophisticated content to willing purchasers written by volunteer authors. But any reports, opinions, or general information should be free to the public. If we wish to remain a self-regulated profession, then it is time to look past the short-term income opportunities and begin to embrace the ideals of the profession.

New fair use code helps libraries expand research with confidence

Patricia Aufderheide and Peter Jaszi of American University have provided critical guidance on fair use for documentary filmmaker, artists and other creative industries.  They have done it again with a new tool for academic libraries. Today, the Association of Research Libraries (ALR) announced the release of the next project to be developed in partnership with the Center for Social Media and the Washington College of Law at American University.

The Code of Best Practices in Fair Use for Academic and Research Libraries provides a guideline of fair and reasonable approaches to fair use developed by and for librarians. The Code is not a legal brief so much as a statement of reasonable use practices developed by scholars and researchers to help clarify the legal issues.

As with other areas of copyright fair use, the seemingly byzantine rules can be rationalized when viewed in the context of a particular industry. Moreover, many of the fair use rules are highly normative, meaning that the very reasonableness of the use is dependent on how others in the same market view such unauthorized copyright exploitation. Against this practical reality, the Code will provide a powerful statement of accepted practices that will provide guidance for libraries and a significant barrier to any rights holder that seeks to be overly aggressive in the protection of its rights.

The ALR announcement describes the scope of the project:

The Code deals with such common questions in higher education as:

  • When and how much copyrighted material can be digitized for student use? And should video be treated the same way as print?
  • How can libraries’ special collections be made available online?
  • Can libraries archive websites for the use of future students and scholars?

The Code identifies the relevance of fair use in eight recurrent situations for librarians:

  • Supporting teaching and learning with access to library materials via digital technologies
  • Using selections from collection materials to publicize a library’s activities, or to create physical and virtual exhibitions
  • Digitizing to preserve at-risk items
  • Creating digital collections of archival and special collections materials
  • Reproducing material for use by disabled students, faculty, staff, and other appropriate users
  • Maintaining the integrity of works deposited in institutional repositories
  • Creating databases to facilitate non-consumptive research uses (including search)
  • Collecting material posted on the web and making it available

In the Code, librarians affirm that fair use is available in each of these contexts, providing helpful guidance about the scope of best practice in each.

Welcome to the Salmon P. Chase College of Law, Law & Informatics Institute

The Law & Informatics Institute at Chase College of Law provides a critical interdisciplinary approach to the study, research, scholarship, and practical application of informatics, focusing on the regulation and utilization of information – including its creation, acquisition, aggregation, security, manipulation and exploitation – in the fields of intellectual property law, privacy law, evidence (regulating government and the police), business law, and international law.

Through courses, symposia, publications and workshops, the Law & Informatics Institute encourages thoughtful public discourse on the regulation and use of information systems, business innovation, and the development of best business practices regarding the exploitation and effectiveness of the information and data systems in business, health care, media and entertainment, national defense, and the public sector.