Davies on the History of West Publishing and Westlaw

Professor Ross E. Davies of the George Mason University School of Law has published How West Law Was Made: The Company, its Products, and its Promotions, Charleston Law Review, 6(2), 231-282 (2012). Here is the abstract:

Only in American law is West not primarily a geographical term. When we lawyers think of West we tend to think first of West Publishing Company – the preeminent source of printed law books since before we were born and of electronic law databases in recent years. But despite its importance to the development and dissemination of American law, West itself is a creature most of us do not know much about; we know only its products. That is not our fault, because there is only a little bit of information available, and much of that little bit is hard to find. This Article offers some perspective on the roots of West, the publishing company, and of its primacy (or at least the primacy of its brand) in the consciousness of modern American lawyers.

Debate on Free Access to Law

[NOTE: Updated on 10 November 2010 to link to Professor Bruce's post entitled More West: What Legal Information Business Should The Government Be Out Of?. Updated on 8 November 2009 to link to Professor Bruce's post entitled The West Video and the Free Market. Updated on 4 November 2009 to link to Professor Berring's Nov. 3 reply, on sLaw.]

An interesting debate over free access to law is now occurring in the legal blogosphere.

Thomson Reuters, owners of West Publishing, a major U.S. legal publisher, and the Westlaw computer assisted legal research (CALR) service, recently published video comments about the free access to law movement by Professor Robert Berring of the University of California Berkeley School of Law, and a well respected expert on legal research. In the video Professor Berring praises the free access to law movement for increasing competition in the CALR market and compelling Westlaw and its main rival in the U.S. market, Lexis.com, to innovate. Yet Professor Berring also criticizes the free access to law movement as fleeting, and as providing insufficient metadata to enable high quality legal research.

This week Professor Daniel Poulin, Director of CanLII, the Canadian Legal Information Institute, responded to Professor Berring’s comments, on the sLaw blog, and yesterday Professor Tom Bruce, Director of Cornell’s Legal Information Institute, published his response on his B-Screeds blog.

Ed Walters, Esq., CEO of Fastcase, Inc., has offered to convene a meeting of the participants of this debate.

On November 3, Professor Berring posted a reply, on sLaw.

On November 8, Professor Bruce responded with a post entitled The West Video and the Free Market.

On November 10, Professor Bruce responded again with a post entitled More West: What Legal Information Business Should The Government Be Out Of?.

Those interested in digital legal information or public access to legal information may find this debate particularly informative and timely.

HT @caminick for tweeting Prof. Poulin’s post.