IV. Summary of Legal Materials Not In the Database.
1. Materials found in Westlaw, LexisNexis, and similar databases were not included in the inventory. A decision was made by the inventory project’s advisory group to treat these databases differently since they are more fluid and primarily not composed of exact images of the original publications.
2. Government Printing Office publications, other than those reformatted by other agencies, are not included in the inventory database. GPO has its own plans to digitize and preserve retrospective print collections.
3. Digital repositories, such as the Berkeley Electronic Press (bepress), have not been included. By and large, born digital materials are not treated in this inventory. The exceptions are Hein’s Electronic Document Reprint Series, which is composed of federal documents that Hein captures in digital format and reprints. Other exceptions are a few library projects reported by Cornell, Georgetown, and the University of Washington.
4. Books that are available on demand from such agencies as UMI, have not been included. UMI offers books on demand from a large catalog of out-of-print books, but there is no indication that they are reprinted on acid-free paper.
5. Reformatted publications from companies no longer in existence were not added to the database. An example are the numerous U.S. Circuit Courts of Appeals records and briefs produced by Microform, Inc. in the 1980s and 1990s. In January, 1996, Microform, Inc. became Court Records, Inc., then disappeared a short time later after trouble with the IRS according the Technical Services Law Librarian of September, 1996.
6. A fair number of publications that are of interest to law libraries may have been overlooked because they were reformatted by other library types. For example, the Public Records of the Colony of Connecticut has been filmed and digitized by the main library at the University of Connecticut and can be found at: http://www.colonialct.uconn.edu. Since the law library at the University of Connecticut was not involved in this project, it was not reported through the survey.
The titles and collections are listed here without attempting to judge their importance to the overall body of legal information and therefore the need for preserving them. Cohen, Berring, and Olsen’s How To Find the Law, 9th ed., was used to identify some individual titles that were not found to be preserved.
The same basic format was employed here as was used for summarizing the contents of the database (Section III.), except that discussions are restricted to American legal materials at the federal, state, and local levels. This ignores the following jurisdictions: tribal, religious, foreign, and international. For tribal documents, the LLMC holdings are likely to be fairly comprehensive since it contains the public-domain titles listed in American Indian Legal Materials: A Union List, compiled by Laura N. Gasaway, James L. Hoover, and Dorothy M. Warden. For religious, foreign, and international jurisdictions it would be too difficult to describe what is not included since the large majority of publications for those areas are not represented in the database.
Some material types may have no discussion following them. This is due to the inability to determine what remains to be preserved.
1. Administrative decisions/AG opinions. State: The publication of administrative decisions, other than attorney general opinions, is inconsistent across the country. It could be assumed that the various state archives are preserving those that are being published. There is no evidence that they are being preserved by legal vendors or law libraries. Local: If and where the publications exist, there is no evidence that they are being preserved.
2. Administrative materials. State: It could be assumed that the various state archives are preserving those that are being published. There is no evidence that the bulk of what exists is being preserved by legal vendors or law libraries. Local: If and where the publications exist, there is no evidence that they are being preserved.
3. Administrative rules and regulations. State: Except for a few states, these are not being preserved by legal vendors or law libraries. Once again, it could be assumed that the various state archives are preserving them. Given that some are looseleaf publications, that seems somewhat doubtful. Local: If and where the publications exist, there is no evidence that they are being preserved.
4. Bar associations. State: Between Hein and LLMC, most state bar proceedings and bar journals are covered, although the proceedings from Connecticut and New Mexico were not found. Many state bar associations publish continuing education materials. In general, it does not seem they are being preserved. Local: Many local bar association publications are filmed by LLMC. It is not known how complete this collection is.
5. Charters, constitutions. Federal: Some historical monographs that were not found include: Elliot’s Debates, Resolutions and Other Proceedings, in Convention, on the adoption of the Federal Constitution and Farrand’s Records of the Federal Convention of 1787. State: Preservation of historical state constitutions seems to be somewhat lacking. Local: Other than for New York, there is no evidence that local charters are being preserved.
6. Commercial secondary materials. Federal: It seems reasonable to say that most commercially produced secondary materials are not being reformatted for preservation purposes. This includes the major looseleaf services published by CCH, BNA, RIA, and Thomson/West, some of which are interfiled and others that are cumulated into bound or transfer volumes. It also includes sets of commentary or annotations such as Moore’s Federal Practice, Wright and Miller’s Federal Practice and Procedure, and West sets like Uniform Laws Annotated. Formbooks are also not being preserved. The large amount of educational material published by the Practicing Law Institute is not being reformatted. State: Legal encyclopedias and practice sets were not encountered as being preserved. These include California Jurisprudence, Florida Jurisprudence, and West practice sets from California, Massachusetts, New Jersey, and Louisiana. Local: If and where the publications exist, there is no evidence that they are being preserved.
7. Court records and briefs. Federal: As noted in A. 5. above, at least one project to reformat federal records and briefs has fallen by the wayside. Currently, other than for the U.S. Supreme Court, there seems to be little or no effort to permanently save federal records and briefs. State: For state courts, the situation is similar to that for federal courts.. Projects located or reported exist for only the following states: Arkansas, Kentucky, New Jersey, New York, Utah, Virginia, Washington, and Wisconsin. Local: There is no evidence that these are being preserved.
8. Court reports. Federal: Many of the West reporters are being reformatted by LLMC and Hein as copyright permits. Those not covered include specialized reporters such as: Federal Rules Decisions, West’s Military Justice Reporter, West’s Bankruptcy Reporter, West’s Education Law Reporter, West’s Social Security Reporting Service, and the United States Claims Court Reporter. Most major reporters formerly published by Lawyers Cooperative Publishing (now owned by Thomson/West) have not been reformatted. These include: United States Supreme Court Reports, Lawyer’s Edition; United States Supreme Court Digest; American Law Reports; and American Law Reports, Federal. Some of the other West digests that were not found include the state and regional digests, West’s Federal Practice Digest, and its special court digests. Shepards citators to cases are only available from LexisNexis. There is no evidence of the preservation of slip opinions, other than the project underway by the 11th Circuit Court of Appeals. State: State reporters are well represented by LLMC, who films both the National Reporter System as copyright expires and the available official state reports. From a perusal of the Hein’s State Report Checklist, which lists all historical and current state reports, there appear to be a number of historical state reports that are not covered by the LLMC collection. A list of these is appended to the end of this section.
9. Court rules. State: Court rules for states are usually issued with the annotated code for each. Those filmed with the superseded editions are available from Hein as far back as that project goes. The current rules are not being reformatted. Local: Not preserved.
10. Government reports. State: It could be assumed that the various state archives are preserving those that are being published. In general, there is no evidence that they are being preserved by legal vendors or law libraries. Local: If and where the publications exist, there is no evidence that they are being preserved.
11. Law schools. For major law school journals and reviews, see Periodicals.
12. Legislative history. State: Official records are inconsistently gathered across the country. It could be assumed that the various state archives are preserving copies.
13. Periodicals. Legal periodicals are well covered by LLMC, Hein, and UMI. LLMC and Hein seem to use care in avoiding duplication of titles they film. It was not possible in this project to determine what is missing.
14. Rare and unique.
15. Reference. Other than Martindale Hubbell Law Directory, legal directories are not being preserved.
16. Scholarly communications.
17. Session laws. This category is well covered.
18. Society/Institute secondary.
19. Statutes/Codes. Federal: Most major federal publications are being reformatted. State: Current state statutes and codes, most of which are now published by West or LexisNexis or one of their subsidiaries, are not being reformatted for preservation. Editions of state codes that were completely superseded in 1988 have not been preserved unless they are found in the Georgetown project to reprint historic state codes. Since 1988, Hein has offered all superseded state codes on microfiche. Local: Except for New York, preservation of municipal charters, codes, and ordinances appears to be nonexistent.
20. Treaties. Federal: American publications seem to be well covered.
21. Treatises. The only approach for determining what is missing is to select a title and check the individual titles in the database and the collection catalogs for large treatise collections, e.g., 19th Century Legal Treatises (the link is available in the database). Several law libraries reported large projects to preserve treatises. See “Treatises” in Section III for a further discussion of that.
State reports that were listed in Hein’s State Report Checklist, but do not seem to be filmed by LLMC or others.
Delaware Cases (Boorstin), 1792-1830 v.1-3 (published in 1943 by West)
Blackwell, 1819-1841, 1v. (In Ill. SC reports?)
Smith, 1831, v.1
Records of the Quarterly courts, Suffolk County, 1671-1680, v.1-2
Records of the Court of General Sessions of the Peace, 1731-1737, 1 v.
Records of the Court for the County of Worcester Mass. (Pub.,1882) (has been reformatted by the Genealogical Society of Utah, Salt Lake City)
Harrington, Chancery, 1838-1842, 1 v.
Walker, Chancery, 1842-1845, 1 v.
Mississippi Court Records, 1799-1859, 1 v.
New Jersey (Colony):
Journal of the Courts of Common Rights and Chancery of East New Jersey (Princeton thesis published in 1937), 1683-1702, 1 v.
Burlington Court Book of West New Jersey, Reed & Miller (published 1944), 1680-1709, 1 v.
Bloomfield Manumission Case, 1775-1793, v. 1
New York Court of Appeals Report (reprint), 1847-1888, v.1-22
Selden’s Notes, 1852-1854, 1 v.
Winer, Unreported Opinions (Buffalo City Court Annotated), 1912-1940, 1 v.
Code Reporter, 1848-1851, v.1-3 + Code Reports (NS), 1850-1852
New York Monthly Law Record, 1896-1898, v.1-3
Jacob’s City Court Reports, 1874-1889, v.1-2
Skillman’s New York Police Reports, 1828-1829, 1 v.
Marine Court: City Court Reports, 1874-1889, v.1-2
Rogers’ City Hall Recorder, 1816-1822, v.1-6 (has been filmed but not sure by whom, see OCLC #08463116)
New York Judicial Repository, 1818-1819, 1 v.
Annals of Cleveland, 1837-1877, v.1-10
Ohio Unreported Judicial Decisions (Pollack), 1807-1823, 1 v.
Disney, 1854-1859, v.1-2
Cleveland Law Record, 1855-1856, 1 v.
Cleveland Law Reporter, 1877-1879, v.1-2
Cleveland Law Register, 1855-1893, 1 v.
Cincinnati Daily Court Bulletin, 1857, 1 v.
Cincinnati Municipal Decisions, 1862-1875, 1 v.
Rhode Island Court Records, Court of Trials, 1647-1670, v.1-2 (reprinted by Dennis in 1946)
Records of Court of Trials, 1659-1674, 1 v.
Records of Vice-Admiralty Court, 1716-1752, 1 v.
Court of Chancery Records, 1671-1779, 1 v.
Colony Minutes of the Council and General Court, 1622-1632 & 1670-1676, 1 v.
Howison, Criminal Trials, 1850-1851, 1 v.
Washington Territory Opinions, 1854-1864
Dixon and Ryan, Supreme Court Selected Opinions (by Roe), 1859-1878, 1 v.
(NOTE: Gaps for LLMC titles only represent those recorded as individual titles. There may be other titles in the LLMC collection that are incomplete, but do not appear in this list because they are represented by collection records.)
Title: Hein’s Superseded State Statutes and Codes
Gaps: all editions that were completely superseded in 1988
Title: United Nations International Court of Justice Yearbook
Title: United States Treaties and Other International Agreements
Gaps: Nos. 489-547, 549-563, 565-601, 603-653 & 655-657 of the treaty series
Title: Decisions of the Federal Labor Relations Authority
Gaps: reports 439-442, 770-771, 876-877, 907
Title: National Conference of Commissioners on Uniform State Laws Archive Publications
Gaps: drafts before 1996
Title: Statistical Abstract of the United States
Gaps: 1883-1886, 1890, 1927, 1931
Title: Digest of Public General Bills and Resolutions
Gaps: 1976, pt. 1-2
Title: Decisions of the Comptroller General
Gaps: v.66 (1986/87)
Title: Comptroller General Annual Reports
Gaps: 1938/39 & 1942
Title: Public Papers of the Presidents
Gaps: FDR papers
Title: Decisions and Orders of the Board of Land Appeals
Gaps: LLMC is investigating a possible gap for v.99-151
Title: Treasury Bulletin
Gaps: lacks Sept. 1990
Title: Nuclear Regulatory Commission Opinions
Gaps: lacks v.23-25 and v. 32 index
Title: United States Court of International Trade Reports
Gaps: lacks v.5
Title: Insurance Law Journal
Gaps: lacks 1913-1925
Title: AALS Handbook and Proceedings of the Annual Meeting
Title: United States Government Manual
Gaps: 1937 and the 1945 suppl.
Title: Monthly Checklist of State Publications
Gaps: 1937 and the 1945 suppl.
Title: Document Catalog
Gaps: 1937 and the 1945 suppl.
Title: American Reprint: English Common Law Reports
Gaps: abrid’d ed: v.1-7, 9-15, 17-22 & 33-40; unabrid’d ed.: v.16, 17-18
Title: Law Journal
Gaps: v.94-118 (1949)
Title: Weekly Notes (Pollock)
Gaps: 1867, pt.2; 1875, pt.1; 1876, pt.2
Title: Foreign Relations Papers of the United States
Gaps: 1938/39 & 1942
Title: Constitution, Statutes, Rules & Orders of Business (Elks)
Gaps: All except 1970/71
Title: Washington Supreme Court Briefs
Title: Washington Appellate Court Briefs
Gaps: Pre-52 Wn. App.
Title: Continuing Legal Education Materials sponsored by UWash and others
Gaps: 1996- any CLEs sponsored by agencies other than Uwashington
Title: Course Materials, UWashington School of Law
Gaps: any course materials not donated by faculty
Title: JD Student Papers from UWashington School of Law
Gaps: only selected papers were filmed from 1992-2000
Title: LL.M. Student Papers from UWashington School of Law
Gaps: 1971-1984, but these are available in the series, Hein’s Legal Theses & Dissertations
Title: American Association of Law Libraries (AALL). Chapter, Causus & SIS Newsletters
Gaps: Individual titles may be imcomplete
Title: Decisions of the Mayor’s Agent for Historic Preservation in Washington, DC
Gaps: pre-1998 not complete but there is no master list and hence no way to know what is missing.
Title: Dan Xin dang an. Min Shi
Gaps: lacks case nos. 22203, 22444 & 23102
Title: Dan Xin dang an. Xing zheng
Gaps: lacks case nos. 17304-17310, portions os reel #9 illegible
Title: Arkansas Supreme Court Briefs & Records
Agency: UArkansas Little Rock
Gaps: some files may be missing
Title: Paul M. Hebert Nuremberg Files
Gaps: 50 photographs still have not been identified
Title: Washington Bankers’ Law Letter
Gaps: some issues are missing