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Book part
Publication date: 5 December 2007

Rosemary Hunter

In response to the divides identified by some UK writers between critical legal scholarship, left political agendas, and empirical, policy-driven, socio-legal research

Abstract

In response to the divides identified by some UK writers between critical legal scholarship, left political agendas, and empirical, policy-driven, socio-legal research, and indications of similar divides in the US, this essay seeks to demonstrate the possibilities for work that negotiates between progressive political commitments, social and political theory, policy concerns, and social scientific approaches to the interface between law and society. It does so by reference to three case studies of critical, feminist socio-legal scholarship, which address policy issues in the areas of family law, the legal profession, and access to justice.

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Special Issue Law and Society Reconsidered
Type: Book
ISBN: 978-0-7623-1460-7

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Article
Publication date: 16 November 2010

Anna Marie Johnson, Claudene Sproles and Robert Detmering

The purpose of this paper is to provide a selected bibliography of recent resources on library instruction and information literacy.

Abstract

Purpose

The purpose of this paper is to provide a selected bibliography of recent resources on library instruction and information literacy.

Design/methodology/approach

The paper introduces and annotates periodical articles, monographs, and audiovisual material examining library instruction and information literacy.

Findings

The paper provides information about each source, discusses the characteristics of current scholarship, and describes sources that contain unique scholarly contributions and quality reproductions.

Originality/value

The information may be used by librarians and interested parties as a quick reference to literature on library instruction and information literacy.

Details

Reference Services Review, vol. 38 no. 4
Type: Research Article
ISSN: 0090-7324

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Article
Publication date: 20 June 2016

Xiaomeng Alex Zhang

This article aims to examine two important foreign legal research resources, Foreign Law Guide and Globalex, under the Ellis’s information search process model.

Abstract

Purpose

This article aims to examine two important foreign legal research resources, Foreign Law Guide and Globalex, under the Ellis’s information search process model.

Design/methodology/approach

This article proceeds in three sections. Part I establishes the evaluation framework based on Ellis’s information search process model, incorporating special demands arising out of foreign legal research. Part II evaluates the two reference resources under the framework established in Part I. Part III summarizes the major features and accessibility of both the databases.

Findings

Generally speaking, both Foreign Law Guide and Globalex are great reference resources for researching a foreign jurisdiction through the lens of Ellis’s model of information-seeking process and ultimately solve legal research problems. One shortcoming to highlight is that neither resource tends to provide adequate current awareness tools for researchers. Current awareness tools are important for the monitoring process under the Ellis’s model, and therefore the lack of adequate current awareness tools should be something to keep in mind while utilizing either or both resources.

Originality/value

Ellis’s model is a well-established model for the information-seeking process. Both Foreign Law Guide and Globalex are popular foreign legal research resources. Therefore, the originality and major value of this article is that it is the first article that examines both foreign legal research resource under the Ellis’s model.

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Reference Reviews, vol. 30 no. 5
Type: Research Article
ISSN: 0950-4125

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Article
Publication date: 7 November 2016

Raj Kumar Bhardwaj and Madhusudhan Margam

The purpose of this paper is to explore legal information requirements of the legal community in India for a proposed online legal information system tailored to the…

Abstract

Purpose

The purpose of this paper is to explore legal information requirements of the legal community in India for a proposed online legal information system tailored to the Indian environment.

Design/methodology/approach

A needs assessment survey was conducted using a structured questionnaire circulated among 750 respondents from eight institutions in Delhi. A total of 397 filled-in questionnaires were personally collected by the investigator, showing a response rate of 52.9 per cent. All these questionnaires were selected for analysis and interpretation of data. Responses to 45 questions were analyzed and presented in the form of tables and figures using various statistical techniques.

Findings

The findings of the study show that majority of the respondents felt they faced a number of problems in using online legal resources such as accessibility of legal information in legal resources, lack of online help features, description of legal information sources, search screen too confusing and poor website design. In addition, respondents highlighted that access instructions on the online resources are not clear. Lack of expertise and insufficient knowledge of information and communication technology in using legal databases are also major hurdles. Majority of the respondents are somewhat satisfied in using open-access and commercial legal information resources and not aware of open-access resources in the field of law. Model online legal information system (OLIS) was designed and developed based on the findings drawn in the needs assessment survey to empower the common man with legal resources at no cost, and foster research in the field of law.

Research limitations/implications

The model OLIS contains only a sample collection. It is expected that the proposed system will be implemented on a wider scale, so that lawyers, research scholars and common people can benefit.

Practical implications

The findings of the study will help libraries to subscribe to legal information resources and to design robust OLIS suitable in the Indian context. It is anticipated that the needs assessment survey of OLIS will help government agencies and law libraries to understand the problems of the legal fraternity in accessing legal information.

Originality/value

The present study designed a model OLIS for the Indian environment (www.olisindia.in) to aid the legal community in India, enabling them to save their valuable time. This system will help and foster interdisciplinary research learning and can be used as a tool for learning the basic concepts, as well as help deliberate on the emerging areas in the field of law.

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Library Review, vol. 65 no. 8/9
Type: Research Article
ISSN: 0024-2535

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Book part
Publication date: 3 January 2015

Julia Shamir

While the concept of legal culture has been receiving a growing attention from scholars, this research often overemphasizes the similarity of the opinions held by…

Abstract

While the concept of legal culture has been receiving a growing attention from scholars, this research often overemphasizes the similarity of the opinions held by different segments of population. Furthermore, the relationship of migration and the change of legal-cultural attitudes has not received particular attention. Drawing on 70 in-depth interviews with the immigrants of the early 1990s from the former Soviet Union to Israel and the secular Israeli Jews, this chapter provides a comprehensive account of the various aspects of legal culture of these groups. The second important finding is the persistence of the legal-cultural attitudes and perceptions over time.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78441-568-6

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Book part
Publication date: 18 July 2013

Vicki Lawal, Christine Stilwell, Rosemary Kuhn and Peter G. Underwood

This chapter examines the efforts undertaken to restructure the legal education system in South Africa and Nigeria. It investigates the connection between contextual…

Abstract

This chapter examines the efforts undertaken to restructure the legal education system in South Africa and Nigeria. It investigates the connection between contextual influences and professional development, particularly with respect to the concept of legal information literacy and the value of acquired educational skills in the context of legal practice. The chapter provides insights to the needs and challenges for graduate requirement for legal information literacy skills in the effort to ensure productivity in the legal education system in Africa. Data were obtained using both quantitative and qualitative approaches. Outcomes from the study were supportive of the importance of information literacy as central to the development of professional competence. Findings also point to a need for greater collaboration between the legal education system and the legal profession in narrowing the gap between the teaching and practice of law specifically in the design and implementation of an information literacy framework for the legal education system.

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Developing People’s Information Capabilities: Fostering Information Literacy in Educational, Workplace and Community Contexts
Type: Book
ISBN: 978-1-78190-766-5

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Article
Publication date: 1 November 2002

Vincent‐Wayne Mitchell and Íde Kearney

As the number of imitator brands has risen, so too have legal actions for trademark infringement and passing off, because of consumer confusion, unfair misappropriation of…

Abstract

As the number of imitator brands has risen, so too have legal actions for trademark infringement and passing off, because of consumer confusion, unfair misappropriation of brand owners’ intellectual property, and lost sales revenue. However, recourse to the law is time‐consuming, expensive, and can be unpredictable because of the highly subjective and inconsistent ways in which brand confusion is measured and proven. The formulation of more standard measures of marketplace confusion would have significant time and cost advantages for market researchers and lawyers. Using data from key informant interviews with expert legal professionals, critiques the current measures of consumer confusion and shows that in UK law confusion must result in mistaken behavior and any measure of behavior must be taken in situ within shopping environments. Shows most important legal measures of confusion, namely, subjective judicial analysis and witness testimony, to be methodologically flawed. Discusses implications for manufacturers, brand owners and legal policy and practice.

Details

Journal of Product & Brand Management, vol. 11 no. 6
Type: Research Article
ISSN: 1061-0421

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Article
Publication date: 3 August 2012

Mari Olander and Andreas Norrman

This paper aims to study an advanced third/fourth party logistics (3/4PL) relationship in which the logistics service provider extended normal services by taking ownership…

Abstract

Purpose

This paper aims to study an advanced third/fourth party logistics (3/4PL) relationship in which the logistics service provider extended normal services by taking ownership of the goods during global distribution. It also aims to describe and analyze the approach to the legal rules a 3/4PL provider and its client company took in their contract, and present some remarks on the extent to which these contract solutions are legally sound.

Design/methodology/approach

A cross‐functional (business law and logistics) approach is applied to a single case study. The main data source is a written contract, complemented by in‐depth interviews with the 3/4PL's managing director. A legal analysis is made from four perspectives of non‐mandatory and mandatory commercial legal rules.

Findings

Issues between the offered service, the legal function and reaction in contracts are pointed out, e.g. doubts regarding the legal risk of sales uncertainty, the ownership of goods, the product liability, and the roles as commercial agent and as freight forwarding agent. These kinds of advanced logistics services are not clearly handled, e.g. in the standard‐form contracts for freight forwarding.

Research limitations/implications

The research is limited to one case and to some aspects of Swedish commercial law, but put in an international perspective. It adds a legal perspective to previous studies on 3/4PL contracts, and it contributes to legal research by its analysis of how firms in real life react to law in their contracts.

Practical implications

Practitioners can get inspiration from an innovative logistics service setup, but also realize what legal challenges to consider when they make their contracts. A tentative approach to aligning logistics' and lawyers' work is suggested.

Originality/value

The paper combines legal and logistics research, and description/analysis of a 3/4PL case where ownership of the goods is transferred to the service provider.

Details

International Journal of Physical Distribution & Logistics Management, vol. 42 no. 7
Type: Research Article
ISSN: 0960-0035

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Article
Publication date: 14 August 2017

Raj Kumar Bhardwaj

The study aims to identify gender differences and similarities in the awareness of legal information resources and problems faced by legal professionals. Further, the…

Abstract

Purpose

The study aims to identify gender differences and similarities in the awareness of legal information resources and problems faced by legal professionals. Further, the study identifies the differences on the basis of gender, regarding the requirements in developing an online legal information system (OLIS) for the Indian environment.

Design/methodology/approach

The study was carried out in eight law libraries in Delhi using a structured questionnaire. Data were collected through the questionnaire having 27 questions including dichotomous (Yes/No), multiple-choice questions, rating and opinion questions. A need assessment survey was conducted using the structured questionnaire circulated among 750 respondents of eight institutions in Delhi. In total, 397 filled in questionnaires were received back. A total of 246 of the respondents were males and 151 females. The design and development of an OLIS went through five phases, i.e. preliminary preparation, designing and planning phase, development of OLIS covering preparation of software, data structures, metadata, search form, testing and implementation phase and maintenance.

Findings

The study found that 100 per cent of the female respondents were aware of online legal information resources. Maximum 28.4 per cent female respondents rated legal e-resources “very good”, whereas only 19.9 per cent male ranked them “very good”. Female respondents were found less aware about open access resources. In addition, of 246 male respondents, 213 (86.6 per cent) responded “Yes” about awareness of open access resources and 33 (13.4 per cent) marked “No”. In comparison, 116 (76.8 per cent) female respondents revealed they are aware of open access resources; 35 (23.2 per cent) were not aware of open access resources. Fifty-eight (23.6 per cent) male respondents were very dissatisfied, and 60 (24.4 per cent) completely dissatisfied. However, in contrast, 29 (19.2 per cent) female respondents were very dissatisfied and 24 (15.9 per cent) completely dissatisfied in using open access resources.

Research limitations/implications

The study covers only eight institutions in Delhi, India. High courts and law universities in other parts of the country are not covered. In addition, OLIS contains a sample collection.

Practical implications

The study explores the inhibitions faced by female and male legal professionals. A suitable legal information system is developed to match the requirements of female legal professionals, research scholars and faculty members. The study is expected to address problems faced by female legal professionals in accessing the desired judicial and legislative information.

Originality/value

OLIS (www.olisindia.in) has been developed on the basis of a need assessment survey conducted on male and female legal professionals in India. No study has been conducted so far to compare the viewpoints of male and female legal professionals in India for developing an OLIS.

Details

The Bottom Line, vol. 30 no. 2
Type: Research Article
ISSN: 0888-045X

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Book part
Publication date: 29 April 2013

Gwendolyn Leachman

The sociological and socio-legal literatures on social movements have identified three main types of “legal framing” in contemporary social movement discourse: collective…

Abstract

The sociological and socio-legal literatures on social movements have identified three main types of “legal framing” in contemporary social movement discourse: collective rights framing, individual rights framing, and nationalistic legal framing. However, it is unclear from the current research how movement actors decide which of these framing strategies to use, under what circumstances, and to what effect. In this article, I offer a model for future empirical research on legal framing, which (1) distinguishes legal framing by its argumentative structure, ideological content, and remedy; and (2) analyzes how a social movement’s internal culture and institutional environment constrain the symbolic utility of particular legal frames and shape the movement’s legal framing strategy. I argue that the alternative approach offered here will help theorize how social movements strike a balance between the institutional pressure to reproduce dominant ideologies and the internal pressure to reform those ideologies. This perspective thus helps build socio-legal theory on the relationship between legal framing and social subordination, and on the conditions under which movements will be able to inflect legal language with insurgent social movement values.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78190-620-0

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