Abstract:Cynthia Fellows, Philip Leith and Joe Ury report on the survey responses to a usage and attitudinal project carried out in early 2012 by the British and Irish Legal Information Institute (BAILII). There were 3,274 survey participants and their responses demonstrate substantial support for BAILII as an open access mechanism, a technically competent dissemination tool and a useful resource for lawyers and non-lawyers alike. Such positive response, we suggest, indicates that BAILII's resources are now threaded th… Show more
“…156 Thus, since 2015, all case law of supreme courts in all EU Member States can be freely accessed in public databases. This is in line with the move in the legal information market in the past decades away from strong commercial players 157 towards enabling free access to all legal materials to everyone as advocated for by various Open Law initiatives, 158 the academic discourse, 159 legal practitioners 160 as well as by various European actors. 161 The EU, in particular, has provided strong financial support for the establishment of public databases of case law.…”
Recent years have seen a growing volume of research on citations between courts from different countries. This article fills a gap in the current literature by presenting and analysing cross-citations between the highest domestic courts responsible for matters of private law in the EU from 2000 to 2018. It addresses two main questions: first, to what extent do judges cite foreign case law in their decisions? Second, what may explain the varying levels of engagement of supreme courts with foreign case law? Our findings offer a mixed result as to the nature and frequency of such cross-citations. Overall, we identify 2984 cross-citations; yet, only in few instances do we find a reciprocal relationship between the supreme courts of two countries, while more generally an asymmetric picture emerges. The article also discusses whether problems with the ease of access to court decisions may partly be responsible for limitations in the use of cross-citations.
“…156 Thus, since 2015, all case law of supreme courts in all EU Member States can be freely accessed in public databases. This is in line with the move in the legal information market in the past decades away from strong commercial players 157 towards enabling free access to all legal materials to everyone as advocated for by various Open Law initiatives, 158 the academic discourse, 159 legal practitioners 160 as well as by various European actors. 161 The EU, in particular, has provided strong financial support for the establishment of public databases of case law.…”
Recent years have seen a growing volume of research on citations between courts from different countries. This article fills a gap in the current literature by presenting and analysing cross-citations between the highest domestic courts responsible for matters of private law in the EU from 2000 to 2018. It addresses two main questions: first, to what extent do judges cite foreign case law in their decisions? Second, what may explain the varying levels of engagement of supreme courts with foreign case law? Our findings offer a mixed result as to the nature and frequency of such cross-citations. Overall, we identify 2984 cross-citations; yet, only in few instances do we find a reciprocal relationship between the supreme courts of two countries, while more generally an asymmetric picture emerges. The article also discusses whether problems with the ease of access to court decisions may partly be responsible for limitations in the use of cross-citations.
Richardson (Ellen) Ain't no (sky)river wide enough to keep me from getting to you: SkyRiver, Innovative, OCLC, and the right for control over the bibliographic data, cataloguing services, ILL, and ILS markets. Legal
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