Issues Facing Academic Law Libraries -

New Challenges, New Opportunities

By Linda K. Fariss
When I first started working at the Indiana administrative arrangement whereby the law
University Law Library in 1976, I was library is under the umbrella of the law school
introduced to a strange new world. I had and not the university library, especially for
worked in academic libraries before, but this budgetary and policy purposes. The case
was a new experience, familiar in some ways, for autonomy comes from Standard 602(a)
but different in others. Today, thanks largely of the ABA Standards for Approval of Law
to new technology, law libraries share more Schools, which does not require but strongly
in common with other academic libraries than encourages that the law library be part of
they did in the time that I first arrived at the the law school administrative structure. This
Law Library. As a result, all of these libraries standard requires that “a law school have
typically share closer working relationships. sufficient administrative autonomy to direct
Many of the issues facing law libraries are the growth and development of the law library
similar to issues facing the general academic and to control the use of its resources” (ABA,
library, but with a different twist. Law 2011, p.44). In the past this has caused some
libraries, like all types of libraries, are looking misunderstanding between libraries within
for ways to re-invent themselves. Budgets a university as to its meaning. It certainly
are shrinking, space is being reduced, and does not suggest that the law library operates
students and faculty are approaching research outside of all university administrative control.
in different ways than in the past. The chain of that control is simply somewhat
different than for other academic libraries.
Standard 601(a) of the ABA Standards for Today this appears to be a less contentious
Approval of Law Schools states that “A law issue because technology, primarily in the form
school shall maintain a law library that is an of shared online catalogs and databases, has
active and responsive force in the educational brought libraries closer together. Typically on
life of the law school. A law library’s effective university campuses you will find law libraries
support of the school’s teaching, scholarship, working together with the other libraries for
research and service programs requires a the common good, creating a much healthier
direct, continuing and informed relationship atmosphere.
with the faculty, students and administration
of the law school” (American Bar Association Because most law libraries are administratively
[ABA], 2011, p.44). Historically, the common part of the law school structure, they share
phrase used to describe the academic law a very special relationship with the school.
library is “the laboratory of the law school” All libraries by their nature are service units,
(Price, 1960, p. 231). The law library has and this is especially true for the law library in
always been a core part of the law school with regard to the law school. Because the budget
the primary mission to serve the legal research for the law library flows from the law school,
needs of law school faculty and students. it is important that the library remain a vital
part of the school. Law librarians work closely
Because of the close relationship that a law with the faculty and student body to provide
library maintains with its law school, the vast outstanding service.
majority of law libraries are “autonomous,” a
term that causes confusion among librarians. Interacting with a smaller group of faculty
For most law libraries, this is simply an makes it possible to provide more personalized

37 Indiana Libraries, Vol. 31, Number 1

service. As faculty and students rely more as admissions and career services and many
heavily on electronic resources for their are also increasing student enrollment in
research, librarians are constantly looking response to decreased budgetary support at
at new ways to maintain contact with these the university level. The space for these offices
groups. Teaching plays an increasingly and classrooms has to come from somewhere
important role for law librarians. Ad hoc within the current building. As the availability
lectures are given in substantive law courses of electronic resources grows, law school
and many law librarians teach legal research administrators assume that the law library
courses in the law school, either as part of the needs less physical space and frequently will
first year legal research and writing program turn there first. The wise librarian has already
or advanced legal research courses. At our devised a plan in response to this very real
library, we also hold lunch time programs for possibility!
the faculty to inform them of new databases
and services, and we offer one-on-one training Law libraries are responding to the loss of
sessions for faculty who are more comfortable physical space in several ways. If the library
with that type of environment. is fortunate enough to have access to an
off-site storage facility within the university,
As is true of most academic libraries, law many of the space issues can easily be
libraries have faced budgetary challenges in handled. However, not every campus has such
the last few years. Many of these problems a facility or the library might not be able to
are a result of budgetary cutbacks at the get permission to place all of the volumes in
university level. A prevalent belief among law storage. As a result, law libraries are looking
librarians is that we are facing an additional to permanently reduce print collections, both
challenge due to the importance of law school by cancelling subscriptions and discarding
rankings, primarily those in U.S. News and print volumes. Electronic sources such as Hein
World Report. As competition for students and Online, Lexis, and Westlaw are increasingly
faculty becomes more rigorous, all law school being relied upon as the only source for
deans are aware of their school’s ranking and periodicals and case reporters.
the rankings of peer schools. Unfortunately for
law libraries, they do not figure prominently Obviously budget and space reductions are
into the calculations for determining rank something that no librarian wants to be facing,
(Morse, 2010). When deans are looking to but it does not have to be an entirely negative
increase support for areas that are important experience. I have dealt with both at the
to the rankings, such as admissions and Maurer Law Library. While initially devastating,
career services, the library budget will likely in the long run there were positive aspects
be heavily scrutinized. This makes it even to both experiences. It is easy to go along
more important for the law librarian to make with the status quo, not really thinking about
sure that the dean and faculty understand the whether the collection accurately reflects the
importance of maintaining a strong law library way patrons are using the resources. When
to support their curricular and research needs. faced with a budget reduction, we reviewed
every serial subscription to decide whether
The loss of space is another issue facing many to keep a publication in print or to rely on
law libraries. At a director’s breakfast at the electronic access. In addition to cancelling
American Association of Law Libraries annual many print subscriptions, we ultimately
meeting a few years ago, the directors were discarded all print periodicals that were
asked how many were losing space for non- available electronically in order to deal with
library purposes. Over half of the librarians a space reduction. We have found that our
responded affirmatively (Fitchett, Hambleton, patrons do not miss them for the most part,
Hazelton, Klinefelter, & Wright, 2011). As and we were able to use the space more
noted previously, law schools are placing effectively and divert the subscription costs to
more emphasis on expanding offices such other more pressing areas in our book budget.

Indiana Libraries, Vol. 31, Number 1 38

We were also fortunate enough to have access on its repository. The Maurer School of Law has
to an off-site storage facility. Of course, a established two new journals in recent years
library cannot go through these experiences and both are available in electronic format
multiple times without seriously damaging the only. Both will be hosted on the Law Library’s
quality of the collection and services. repository.

One of the most exciting new opportunities As law libraries are discarding print collections
to come along in academic law libraries is the and important resources are becoming
institutional repository. When law libraries are available only in a digital format, concern has
re-inventing themselves to remain relevant increased about preserving these valuable
to the law school, I believe that this is an publications. Libraries that cancel subscriptions
important service to offer. Law libraries have and discard entire periodical collections are
long maintained print archives of the law encouraged to at least retain and preserve the
school’s history, and the digital institutional journals that originate at their own law school.
repository is a logical next step. Libraries can Insuring that digital materials are retained
collect and make available in digital format, in a stable environment is also a concern. To
brochures, photos, publications, conferences, address many of these concerns, the Legal
and other materials from the law school. Information Preservation Alliance (LIPA) was
Additionally, faculty scholarship is an important established by a group of law school libraries
part of the institutional repository. The concept following a preservation conference sponsored
of open access for scholarly work has been by Georgetown University Law Library and
gaining in popularity for some time in academic the American Association of Law Libraries in
circles. By making the law school faculty’s 2003. The goal of LIPA is to preserve legal
scholarship available through the institutional information in both print and digital formats
repository, it becomes freely accessible to that are at a risk of loss (LIPA, 2011). The
anybody in the world, not just the legal activities of LIPA are supported by a growing
community. number of member law libraries.

The push for open access in law schools Since I began working at the Law Library
received much interest after a group of incredible changes have occurred. The early
law library directors got together at Duke years were spent building a large physical
University in November 2008 and began facility to house an increasing print collection.
drafting the “Durham Statement on Open Law libraries were generally measured by the
Access to Legal Scholarship,” which was size of their collection. Today, less emphasis
finalized in February 2009 (Danner, Leong, is placed on the size of the collection, and
& Miller, 2011). The statement calls for law libraries are cancelling print subscriptions and
schools to stop publishing their journals in actually discarding large segments of their
print and to publish them electronically in a collection. More emphasis is placed on the
stable and open format (Danner et al., 2011). quality of service and depth of the collection,
Law school journals are different than other regardless of format. As budgets and physical
types of journals in that they are generally space shrink, law librarians are working to
run by a student editorial board and are not remain relevant to the law school by providing
large income producers for a law school. new services while retaining the core of what
Although more journals are now providing we are - an indispensable research facility
open access, either through their website or for our faculty and students. The Law Library
in the law library’s institutional repository, few is still the “laboratory of the law school.”
have ceased to provide a print copy as well. That laboratory has just taken on a different
Newly established law journals are sometimes appearance.
published only in a digital format. This provides
an excellent opportunity for the law library to
partner with the law school to host the journal

39 Indiana Libraries, Vol. 31, Number 1

References

American Bar Association. (2011) Standards

and rules of procedure for approval of
law schools. Chicago: American Bar
Association.

Danner, R. A., Leong, K., & Miller, W. V. (2011).

The Durham statement two years later:
Open access in the law school journal
environment. Law Library Journal, 103,
39-54.

Fitchett, T., Hambleton, J., Hazelton, P.,

Klinefelter, A., & Wright, J. (2011).
Law library budgets in hard times. Law
Library Journal, 103, 91-111.

LIPA: Legal Information Preservation Alliance.

History of LIPA & AALL support. (2011).
Retrieved from http://lipalliance.
wordpress.com/about-2/history-of-lipa-
aall-support/

Morse, R. & Flanigan, S. (2010). The law

school rankings methodology. U.S. News
& World Report. Retrieved from http:/
www.usnews.com/articles/education/
best-law-schools/2010/04/15/the-law-
school-rankings-methodology.html

Price, M.O. (1960). The place of the law school

library in library administration. Journal
of Legal Education, 13, 230-238.

Bio

Linda K. Fariss has recently been appointed

Director of the Law Library at the Indiana
University Maurer School of Law. Prior to this
she served as the Associate Director of the
Law Library. She received her MLS and JD
from Indiana University - Bloomington. For
many years she has co-taught, along with
Keith Buckley, the Law Librarianship Course at
the Indiana University School of Library and
Information Science.

Indiana Libraries, Vol. 31, Number 1 40