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14 Legal Information Alert 1 (1995)

handle is hein.lbr/leinfal0014 and id is 1 raw text is: What's new in legal publications, databases, and research techniques           Volume 14, No. 1 January 1995

Contents
Assault on
the Citadel
Viewpoints

1
6

Humor 10
For Further
Background 10
New Publications 12
Calendar 16
Publishers 19
Index 19

Assault on the Citadel
Romancing the Crown Jewels of West Publishing
By Richard A. Leiter
In the Spring of 1994, subscribers to the online discussion group LAW-LIB began to
read posts from an innocuous-sounding organization called Taxpayer Assets Project
(TAP) about a project called The Crown Jewels. However, these postings promised
very little in the way of controversy. After all, it was clearly a public interest
movement with a single goal: to get West Publishing Company's Crown Jewels.
However, as the summer wore on, it became increasingly clear that not only was
TAP serious, but it had the oomph (or whatever it takes) to follow through on it. There
were reports of TAP involvement in Justice Department investigations, hearings,
policy matters, and other proceedings. Somehow, TAP seemed to have managed not
only to manipulate Department of Justice policy with respect to caselaw databases,
but to bring AALL leadership along in an effort to undermine West's case publishing
business. Granted, debate on the issue of West's claim to a copyright in its published
case reports had raged for nearly 10 years, beginning with the infamous legal battle
between West Publishing Company and Mead Data Central initiated in 1985.
To date, the Ralph Nader-founded TAP has not denied that a primary purpose is to
bring down the West Publishing empire while substituting a new vendor-neutral
citation system. In fact, it has stated as much in as many words. See, for example,
Fending Off the Future, American Lawyer, September 1994, p. 76, where James
Love of TAP says, Once we start going after the judges, West is going to fold.
Ed note: See James Love's opinion in Viewpoints on page 6 of this issue.
However, TAP had managed in only one year to rouse AALL leadership and other
West detractors to a pitch and a unity of purpose never before seen. West's National
Reporter system, long considered by law librarians and lawyers alike as a saving
grace in the enterprise of American caselaw research, was suddenly cast as monopo-
listic, anti-competitive, even anti-American, with insinuations that because it
publishes all reported cases in the U.S., and charges for them, it somehow was
keeping these public domain judicial decisions from ordinary citizens.
In a short time, through the miracle of the Internet, a controversy that ordinarily
would have taken months of considered, reasoned debate, flamed into a veritable
brushfire of rhetoric, diatribes, and passion. Sadly, taken as a whole, in the end, little
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