Editors --- "Reports/Reviews" [1997] JlLawInfoSci 8; (1997) 8(1) Journal of Law, Information and Science 165
BOOK REVIEWS
LDL Online 1997: Laying Down the Law Computer Assisted Research
BY SURENDRA DAYAL
Sydney, Butterworths, 1997, p xii + 228 $25.00 paperback
Few lawyers with any sense ignore the great benefits of computer assisted legal research. Many research tasks are much quicker using computers and some tasks are only possible using computers. We all get frustrated when the volume we want is not on the shelf but, as long as the computer is working, we can search electronically for the case or statute we want. Some might argue that completely abandoning print versions would probably be foolhardy, and that it would be wise to wait until software improves, more material is produced in electronic formats, and that the available material is as up-to-date as possible (on the web this is assuredly not the case for statutes). But it will not be too long before all Australian cases and statutes will be available electronically and the need for print versions will diminish with time. To be sure there are problems. All publishers will probably not use the same software (witness CCH’s decision to stay with DynaText when other publishers have selected FolioViews). Many users will not be able to afford to buy a range of products. But for those who can, the problem then becomes how to learn to use the various products and to keep up with the refinements and changes that will inevitably be made. No one person can possibly do so for all products even if he or she is a specialist, reads widely, and joins umpteen discussion groups. Most librarians with any humility accept this reality. The onus will be on individuals to choose the products they find most useful and keep up with any changes publishers will make.
Most diffident Australian legal researchers will find Surendra Dayal’s book a godsend. The book is designed ‘to help lawyers and students who are unfamiliar with the plethora of legal research software now available’. Dayal, a graduate in Science and Law from the Australian National University, provides ‘a simple step-by-step account of how to effectively make legal research software work for you’. Dayal does not attempt ‘a comprehensive survey of legal research software’ but does provide essential information on the main products. It is a very practical book: ‘some of the most common legal research tasks are covered ... in the context of computer packages which can assist you in performing those tasks’. These tasks include finding case law on a particular subject, finding the subsequent history of a case, finding case citations, finding the meaning of words and phrases, and updating areas of the law. While Dayal demystifies the databases, perhaps more emphasis could be put on their defects and on what they cannot do. But that is probably too negative a comment on what is a very postive project.
LDL Online 1997 is divided into four parts. Part 1 provides a valuable overview and explains the fundamentals of computer searching. Part 2 covers Diskrom products and Lexis/Nexis. Part 3 deals with FolioViews CD-Rom publications, including an overview of the features of FolioViews. Part 4 is called the The Internet and includes chapters on the world wide web, messaging services, Austlii and Foundation Law, and Butterworths Online. Appendix one lists shortcut keys for the various products. Each chapter explaining particular tasks is well set out and reproduces what the screen should look like. The reader is told what he is supposed to look for and what he will find. The end of each chapter provides exercises to test what has been learnt, summarises the research tasks covered, and gives the relevant page number.
The step-by-step approach works very well. Earlier this year, students in the Skills course at the Faculty of Law, University of Tasmania were given lectures on The Complete Legal Research Library (LBC Information Services) and Diskrom products. They were then required to attend the Information Technology area in the Law Library and, after a brief introduction, handed the relevant chapters from LDL Online, and told to follow the steps for a given number of exercises (up to 14). Many of the students had very little experience of electronic legal research, yet the vast majority found the steps easy to follow. Most agreed it was an excellent way to learn the databases. It combined reading and doing with listening when the instructor gave tips about particular databases or other information. Students could work at their own pace and we found that surprisingly few questions of a trivial nature were asked. Most students could see quite quickly the benefits of using the databases.
This is the second edition of this book and has increased from 174 pages to 228 pages. The first edition has been changed in two major ways. First, much more attention is now given to the Internet to reflect the major accumulation of legal material there. Austlii and Foundation Law and Butterworths On-Line have been allocated a short chapter each. Dayal has also allocated a chapter to email and discussion lists and discusses Netscape Navigator 3.01. Second, changes made by the two leading publishers LBC Information Services and Butterworths are given full coverage. They both use FolioViews and Dayal includes advice on how to maximise its use in different contexts. Dayal concedes that electronic publishing is in ‘a state of flux and some of the products covered here will change slightly over the coming year’. This is only too true. Since the book was published, LBC Information Services seem to have altered their templates on The Complete Legal Research Library CDRom, and Diskrom (now run by LBC) have changed the toolbar on its products. Not all changes are improvements, however, and, in my experience, users are not always fully informed of the changes before they happen. While the fundamentals might not change much, Dayal will have to provide annual updates and this should be a useful money-spinner for publisher if not author. At the same time, it should be said that the book is very good value for money and I hope it stays that way. Another way of keeping up-to-date with new developments is to join the LDLOnline Email Discussion Group but, as a member, I must say that this group has been remarkably quiescent.
Some readers might quibble about the omission of information on Dyna Text or about a particular Internet site or the absence of advice on how to cite Web addresses. These omissions do not detract from Dayal’s achievement. Dayal has produced an intelligent and extremely useful text that can be unreservedly recommended to lawyers, actual and potential, and anyone else who needs to research electronic legal materials. Along with the Monash University Law Library’s Absolutely Fabulous Guide to the Law Online (2nd ed, 1997) and, to a lesser extent, LBC’s Researching Australian Law (1997), Australian legal researchers are supremely well served in their efforts to exploit electronic materials and these works should help remove any diffidence lawyers might feel about using computerised legal research.
Stefan Petrow, Law Librarian, University of Tasmania
Annotated Trade Practices Act 1974
by RAY STEINWALL & LUCIENNE LAYTON
(Butterworths, 1997 edition, $45.00(Aus), Softcover, 605pp (including table of cases, index and table of provisions)
In many respects reviewing an annotated text of legislation is unusual. After all, what can they do apart from provide a complete reproduction of the all sections of the Trade Practices Act together with a commentary of the cases decided pursuant to each section. There is no doubt that Steinwall and Layton achieve this. A clear analysis of the provisions of the Act is provided together with discussion of the important case law. Furthermore where appropriate, reference to equivalent state legislation is noted, such as the State based Fair Trading Acts. In each section an overview of the legislation is provided, linking the topic under discussion to a related area. The background and purpose of the legislation is also outlined. Looking in isolation can anything more be said? One suspects very little, the text, if it was the only annotated Trade Practices Act on the market, would enjoy a significant niche in satisfying the demand of students and practitioners alike. However to provide a useful analysis of this book I consider that it is necessary to compare it with its main opposition - this being Miller, Annotated Trade Practices Act, LBC, 1997, 17th edition. What are the factors that would lead an academic, in charge of say, 'Restrictive Trade Practices' or 'Consumer Law' to choose Steinwall and Layton over Miller? As a lecturer in charge of Trade Practices Law at the University of Tasmania it is something which I need to consider.
At a cursory glance, there is very little to distinguish the two. Both provide a complete reproduction of the sections with commentary following.
Indeed a comparison of the two texts in relation to a particular section (in this case s. 46) is illustrative of their similarities. In Steinwall and Layton the structure is as follows. First the objective of the section is described, followed by an overview. Various concepts are then considered, such as the exceptions to s. 46 (s. 46(5)); aggregation of market power (s. 46(2)); corporation, competitor and person. This is followed by a consideration of the substantive elements within s. 46. This includes discussion of the threshold test, the meaning of substantial, degree of market power, power and then a more detailed analysis of the key points: the determinants of the degree of market power, the meaning of 'take advantage', and a discussion of the proscribed purposes. Relevant cases are then cited, with the key cases marked with an asterisk.
By contrast Miller is structure with an outline, followed by consideration of the aspects of 'corporation', 'substantial', 'power', 'aggregation of power', 'market', 'take advantage', 'purpose', and the 'exemptions.' Cases dealing with refusal to supply, predatory pricing are then mentioned followed by consideration of the penalties and finally, a precis of the numerous cases on the section.
If there is a discernible subtle difference between the two, it may be the case that Miller provides a precis of more of the cases, whereas Steinwall and Layton provide slightly more theoretical or academic content within the discussion of the sections. However any differences are very much at the margins.
Both texts are excellent, Miller has a more established presence, being in its 17th edition, however Steinwall and Layton also provide an important addition to the available market. Personally I would consider that Miller will find more favour with the practitioner market, as it tends to provide an overview of the section together with that precis of the cases. Steinwall and Layton has a real potential to gain a greater foothold in the academic market, particularly if this text was marketed in conjunction with a companion text, perhaps a cases and materials. That would provide students in the relevant subjects with the legislation, an annotation or overview of the important aspects with the ability to resource those cases and materials (in detail) which may form the basis of class discussion.
In summary Steinwall and Layton achieve their objectives admirably. In the context of a competitive market, (of course, the central theme of the Trade Practices Act 1974); the text should enjoy continued success.
Review by Lynden Griggs, Lecturer in Law, University of Tasmania.