Gould Law Library Collection Development Policy, 2011-2012 

1.   Introduction

2.   Procedures

3.   Subject Area Collection Intensity

4.   Selection by Jurisdiction for Primary Sources

5.   Selection Considerations for Secondary Sources

6.   Governments Documents Collection Development Policy

7.   Foreign and International Law Collection Development Policy

8.   Special Collections Development Policy

9.   Conclusion

10. References

1.                   Introduction

1.1               Mission of Touro Law Center: Touro Law Center was established in 1980 as part of Touro College, a private, coeducational institution, founded under Jewish auspices and dedicated to the ideals of academic excellence, social justice, and community service. The mission of the Law Center, which is deeply rooted in the moral and ethical obligations of the legal profession, is to provide all students with a sound education and to impart a reverence for the law. Dr. Bernard Lander, founder of Touro College, stated it this way, “we seek to illuminate as well as to educate, to encourage students to aspire to the highest ethical values, and to develop lawyers who enhance practical knowledge with perceptive judgment.”

1.2               Mission of the Gould Law Library and the Goal of this Policy: The Gould Law Library’s Collection Development Policy grows out of the library’s mission to support the Touro Law Center’s student body, its faculty and the greater Touro Law Center community of users in accomplishing the Law Center’s mission. The Library’s Collection Development Policy aims to do this by providing a collection with the required depth and breadth of resources to support the educational, research, and publication needs of the faculty and students of the Touro Law Center, and, to the extent possible, the research needs of the greater Law Center community.

1.2..1        Along with providing a library collection sufficient to support the mission of the Law Center, the Collection Development Policy is also intended to provide a structure for selection of new materials and to establish procedures for ongoing evaluation and improvement of the current collection to ensure that the collection complies with or exceeds the standards for law school libraries established by the American Bar Association’s Standard 606 and the Association of American Law Schools’ executive committee regulations for law libraries, Library Governance 6-8.1; 6-8.2; and 6-8.3.

1.2..2        The Gould Law Library will provide this support to the Law Center’s mission with its Collection Development Policy by achieving the following objectives:

·         Using the latest technology to provide reliable access to information resources;

·         Selecting and maintaining materials that are best suited for faculty and student instructional and research and publication needs;

·         Selecting and maintaining materials that are best suited for the practical needs of the greater Touro Law Center community;

·         Providing online bibliographic access to information resources; and

·         Evaluating and improving the current collection.

1.2..3        The Collection Development Policy will provide general principles and guidelines under which the preceding objectives will be carried out. It is hoped that the policy will be useful in providing consistency among those who have responsibility for developing the collection, and in communicating the library’s policies to faculty, students, and other library users.

1.2..4        Responsibility for this Policy: Rapid changes in legal publishing as well as changes that may occur at the Law Center will require that the Collection Development Policy be reviewed and revised periodically. The Director of the Library, in collaboration with other librarians will review this policy on a regular basis. Written amendments to the policy must be approved by the Director before becoming part of this policy.

2.                   Procedures

2.1               Responsibility for Collection Development: Responsibility for the development and maintenance of all library collections ultimately rests with the Gould Law Library Director. The Associate Director oversees the day-to-day process, with input from other librarians having responsibility for specific collections such as foreign and international law and government documents. All professional librarians are encouraged to participate in the process by making suggestions or by reviewing proposed purchases. Faculty members may be consulted about potential purchases in their fields, and the library honors their specific requests whenever possible. Student requests are honored so long as overall selection criteria are met.

2.2               Selection Criteria: Numerous factors influence the decision of whether to acquire new material, including in no particular order:

·         Authoritativeness of the publisher or producer

·         Significance of the subject matter based on collection assessment

·         Importance/reputation of the author

·         Accuracy of the information and data based on reviews, recommendations, evaluations, etc.

·         Potential for known use by patrons based on faculty research interests, curricular development or use, student requests, and other sources

·         Importance to the total collection

·         Appearance of the title in important bibliographies, lists and reviewing media

·         Current and/or permanent value to the collection

·         Scarcity of material on the subject

·         Availability of material elsewhere in the University Libraries

·         Availability of material or information in other formats in the collection, or available online (Lexis, Westlaw, BNA, CCH, HeinOnline, etc.) or on the Internet

·         Price, including initial purchase price and maintenance costs for continuation/updating, equipment, and staff

·         Language

·         Type of issuance, whether monograph or serial

·         Physical format or access method (bound printed, looseleaf, microform, network access, CD-ROM, Internet, etc.)

·         Physical quality (binding, etc.)

·         Duplication in the collection, including in another format

·         Available space

·         Projected longevity of the physical medium

·         Research-level works

·         Law faculty requests, purchases whenever possible

2.3               Selection tools: Selection tools include but are not limited to publishers’ RSS feeds, blogs, email notifications, and print catalogs and brochures, regular notifications services such as the Advance Bibliography of Law and Related Fields, Current Publications in Legal and Related Fields, Gauntletters, Academia (YBP), and various listservs. Book reviews from a variety of law-related, library, and general publications are also included in the process. The library participates in the NELLCO Consortium, and subscribes to several package plans. Faculty, staff, and student requests are also considered, as are interlibrary loan requests. Note: Additional selection tools may be included in the separate Judaica, Foreign and International and Government Documents Collection sub-policies.

2.4               Format selection: Materials are often available in a variety of formats: print, online, CD-ROM, microform, audio-visual. Format decisions are made based on ease and stability of access, space constraints, and cost. The library is now giving highest priority to electronic access for materials whenever possible, while recognizing that certain materials are only available or preferred in print. Considerations for online databases include file formats, permanence, updating and maintenance procedures, training and usability, authentication, customer support, and licensing, as well as price.

2.4..1        Microforms: A significant portion of the existing library collection is on microfilm and microfiche including Congressional materials, New York State and Federal Legislative history materials, selected records and briefs of the United States Supreme Court, the Second Circuit Court of Appeals, and New York State, the Pre-NRS State Reports, historic English reports, administrative materials, Law Books Recommended for Libraries, archival materials from various legal organizations such as the ABA, and legal periodicals. Silver halide microfiche is preferred.

2.4..2        Computerized Resources: Currently, the library is giving highest priority to electronic access for materials. CD-ROM and other computerized resources will be retained in the collection and continued to be selected only if the resource is unavailable electronically online.

2.4..3        Serials: Gould Law Library has traditionally maintained print subscriptions to all law journals published by American law schools as well as selected publications by commercial publishers and foreign law schools. Faced with increasingly less shelf space and with increasing availability to electronic access to serial publications, the Library has limited its print subscriptions for law journals to the journals published by the top 20 law schools along with all law schools in the state of New York. For all other journals the law library will now acquire journals in print format only where equivalent electronic access is unavailable.

2.4..4        Loose-leaf services: The Library has traditionally subscribed to a variety of loose-leaf services in support of curricular and research needs of the Law Center. Due to the high cost of loose-leaf services in print, the library now reviews loose-leaf subscriptions availability from an electronic service before making the decision to purchase loose-leaf publications in print format.

2.4..5        Monographs: Print is still preferred over e-books. Most monographs published each year are only available in print. Monographs will be purchased according to designated collection intensity classification for each subject maintained in the collection. Standing orders are maintained for certain types of books, hornbooks and nutshells, for example. Monographs are still a very important part of the Gould Law Library’s collection and remain a staple of our print collection. The library no longer maintains casebooks and required texts on reserve and does not purchase them for the collection.

2.4..6        Audio-Visual Materials: DVDs are preferred over VHS tape. The library has a modest audio-visual collection. The library usually purchases AV materials upon request from the faculty. In some instances, purchases are made of legal research tapes, tapes that commemorate special events, and CLE materials.

2.5               Duplication: Duplication within the collection will be avoided unless there is a need for additional copies based on student and faculty use. Many resources, both primary and secondary, are increasingly available on Westlaw, Lexis and the Internet, and the librarians evaluate the purchase of new materials and supplementation of existing materials with this in mind.

2.6               Cooperative Acquisitions/Interlibrary Loan: The library is part of several consortia. NELLCO, the New England Law Library Consortium, is a collection development and resource sharing network for law libraries. (The Law Center is an affiliate member.) LILRC, the Long Island Library Resources Council, is one of New York’s Reference and Research Library Resources Systems that are major sources for resource sharing. ALLDOG is the Academic Law Library Directors of Greater New York; this group facilitates access to area law schools. Through our parent institution, Touro College, Law Center students and faculty have access to METRO, the Metropolitan New York Library Council, which includes all types of libraries in the New York metropolitan area. Interlibrary Loan is intended to complement collection efforts, not to replace them, and with this understanding, the Law Library subscribes to traditional resource-sharing agreements such as OCLC.

2.7               Gifts: The library accepts gifts of materials appropriate to general needs of the collection provided no considerations are required by the donor. The library reserves the right to keep, donate, or discard gifts. Donations of duplicate runs of legal materials are discouraged. The library sends letters of acknowledgement listing the items in donations, but not valuations.

2.8               Weeding and storage: The library weeds materials from the collection which are non-current or superseded. Also, surplus copies of works no longer in demand for supplemental use are discarded.   Non-current materials considered to have historical worth are sent to storage. Such materials include older editions of U.S. codes, New York State codes, superseded volumes of selected treatises, older editions of selected treatises and casebooks, superseded legal directories, and the like. Older editions of state codes other than New York are not kept in print format; the library purchases superseded state statutes on microform.

3.                   Subject Area Collection Intensity: In general, purchase decisions are made based on understanding curricular and research needs – the relevance of the material to our community, on the strengths and weaknesses of the collection, and on general measures such as general interest, reputation of author, format, etc. Potential purchases may be ranked on the IFLA guidelines for collection development management:

·         1 – basic information level – general works

·         2 – study or instructional support level – fundamental works adequate to support the basic curriculum, but not intensive research

·         3 – research level – extensive collections supportive of independent and scholarly research, including, but not limited to specialized treatises, periodicals, as well as specialized reference works

·         4 – comprehensive level – subject collections intended to be exhaustive or very extensive[1]

3.1               Comprehensive – Level 4

·         Administrative Law

·         Alternative Dispute Resolution/Mediation

·         Antitrust and Trade Regulation

·         Arbitration

·         Banking Law

·         Business Associations/Corporations

·         Civil Procedure

·         Civil Rights

·         Constitutional Law

·         Contracts

·         Corporations

·         Courts

·         Criminal Law and Procedure

·         Domestic Relations

·         Elder Law

·         Environmental Law

·         Evidence

·         Family Law

·         Health Care, Medicine and Law

·         Holocaust

·         Human Rights

·         Immigration Law

·         Intellectual Property (& Computer Law, Copyright, Internet, Patents, Trademarks)

·         Jewish Law and Judaica

·         Judiciary and Judicial Administration

·         Labor Relations

·         Land Use, Zoning, Eminent Domain

·         Law Librarianship

·         Legal Education

·         Legal History

·         Legal Profession

·         Legal Research and Writing

·         Native Americans and the Law (New York)

·         New York Law

·         Professional Responsibility, Legal Ethics

·         Property

·         Public Welfare / Social Security

·         Racism and the Law / Racial Discrimination

·         Securities

·         Taxation

·         Torts

·         Trial Practice and Appellate Advocacy

·         Trusts & Estates, Estate Planning; Wills

3.2               Research – Level 3

·         Abortion Law

·         Admiralty and Maritime Law

·         Bankruptcy/Creditor’s Rights

·         Biography, Legal

·         Commercial Law

·         Communications Law

·         Comparative Law

·         Conflicts of Laws

·         Consumer Law

·         Disability Law

·         Education Law

·         Election Law

·         Employment & Employment Discrimination Law

·         Entertainment and Sports Law

·         Equity

·         Foreign & International Law (special emphasis: Britain, China, Germany, India, Russia)

·         Gender & Law

·         Housing and Housing Discrimination

·         Jurisprudence (& Philosophy of Law & Legal Theory)

·         Juvenile Law and Juvenile Justice

·         Law & Technology

·         Law Office Management

·         Mental Health Law

·         Native Americans and the Law

·         Natural Resources

·         Not-for-Profit Organizations

·         Prisons and Prisoners’ rights

·         Products Liability

·         Poverty Law

·         Remedies

·         State and Local Government Law

·         Women and the Law

3.3               Instructional Support – Level 2

·         Air and Space Law

·         Animal Rights

·         Art Law

·         Children’s Rights

·         Construction Law

·         Criminal Justice

·         Energy and Public Utilities Law

·         Food, Drug & Cosmetics Law

·         Foreign Relations

·         Government Contracts

·         Historic Preservation

·         Insurance

·         International Business Transactions

·         Law & Literature

·         Law & Economics

·         Legislation/Statutory Construction and Interpretation

·         Litigation

·         Local Government and Municipal Law

·         Media Law

·         Military Law

·         Real Estate & Real Estate Transactions

·         Religion and the Law (not including Jewish Law - see heading above)

3.4               Basic Information – Level 1

·         Accounting

·         Agricultural Law

·         Canon Law

·         Corrections

·         Roman Law

4.                   Selection By Jurisdiction for Primary Sources (not including Government Documents, Foreign and International and Special Collections - see headings below)

4.1               Federal

·         Constitutions & Bills:       Microform: Online databases

·         Congressional Record:  Current and past 5 years via online databases and depository: older years in microform (note: Congressional legislative history materials in microform)

·         Statutes at Large:             Full Set

·         Codes:                                U.S.C. (current in main collection; superseded in Storage)
                                             U.S.C.A (current in main collection; superseded in Storage)
                                                     U.S.C.S (current in main collection; superseded in Storage)

·         Court Rules:                      Current rules for all federal courts via online databases

·         Court Decisions:              U.S. Reports
                                            Supreme Court Reporter
                                                    United State Supreme Court Reports, Lawyers Ed.  
                                                    United States Law Week
                                                    Federal Reporter
                                                    Federal Supplement
                                                    Federal Appendix
                                                    Federal Rules Decisions
                                                   Other published federal court reports
·         Other Materials:               Code of Federal Regulations (older years in microform)
                                            Federal Register (older years in microform)
                                                    Agency decisions published and distributed through the depository program (and back volumes)                           
                                                    Attorney General Opinions

4.2               New York State

·         Constitutions & Session Laws:    Official McKinney’s, and CLS in print; additional copy in microform (note: Early legislative documents in microform, selected materials in print; Legislative Annual; Legislative Digest)

·         Codes:                                               McKinney’s Consolidated Laws of New York (1 current sets; superseded in Storage and microform); New York Consolidated Laws Service (one current set; superseded in Storage)

·         Court Decisions:                              New York Reports; Appellate Division Reports; Miscellaneous Reports; New York Supplement and North Eastern Reporter; early reports in microform and print as available

·         Court Rules:                                      Current edition in Main collection; older editions in Storage

·         Other Materials:                                New York Code, Rules and Regulations (current edition only), New York State Register (via online databases and older material in microform), all available published agency decisions, Attorney General Opinions (print and microform)

4.3               All Other States

·         Session Laws:                  Microform

·         Codes:                                Contiguous states plus Florida and California.

·         Court Decisions:               West Regional Reporters; early reports in microform

·         Other Materials:                 Attorney General Reports in microform

4.4               Counties & Municipalities

·         Codes: Selected codes for counties and municipalities for New York State via online databases

5.                   Selection Considerations for Secondary Sources

·         Dictionaries:                      Black’s Law Dictionary (older editions on reserve)
                                             Ballentine’s Law Dictionary   
                                                     Other selected law dictionaries   
                                                     Oxford English Dictionary
                                                     Other general dictionaries,
·         Encyclopedias:                  American Jurisprudence 2d
                                             Corpus Juris Secundum
                                                     New York Jurisprudence 2d
                                                     American Law Reports
                                                     Carmody Wait
                                                     Encyclopedia Judaica
                                                     Selected legal and non-legal subject encyclopedias
                                                     General encyclopedias are accessed over the internet

·         Digests:                               West’s NY Digest, West’s Federal Practice Digest, New York Official Reports Index & Digest, other selected legal digests

·         Citators:                               Shepard’s New York statutory and case law citators

·         Directories:                          Legal and law-related directories (current in Reference)

·         Periodical Indexes:            CILP (Online; SmartCILP)
                                               Index to Legal Periodicals via online database
                                                       Current Law Index via online database
                                                       Index to Foreign Legal Periodicals via online database
                                                       Other selected indexes
                                                       (Note: Legal Scholarship Network; ExpressO)
·         Other Reference Works:    Atlases
                                               Quotation Books
                                                       Legal Research Guides
·         Legal Periodicals:              Law Reviews: including those from ABA-accredited law schools (print; HeinOnline)                        
                                                       Commercial Journals: Collection reflective of curricular needs and research
                                               Bar Journals: ABA and other selected bar journals and Hein bar journal
                                                       microform collection
                                                       New York journals in print and microform            
·         Legal Newspapers:           New York Law Journal (online) (older volumes in microform)
                                               National Law Journal (online)
·         Other Periodicals:               Selected law-related journals and newsletters
                                               New York Times, Wall Street Journal, Newsday, other newspapers (selected back runs of the New York Times and Newsday in microform)
                                                        Limited general magazines and journals
·         Other Selected Materials:  Records and briefs (U.S. Court of Appeals for the Second Circuit; New York Court of Appeals; Selected years for the lower New York courts) 
                                                Restatements and Model Codes
                                                        Uniform laws            
                                                        Treatises (federal; general; New York; generally do not collect for other states, but there are some exceptions i.e. books on Delaware corporation law)
                                                         Form books (federal; multijurisdictional; New York)   
                                                         Law Books Recommended for Libraries microform collection
                                                         ABA Archive in microform
                                                         LLMC Digital
                                                         Hein Online

6.                   Government Documents Collection Development Policy

6.1               Introduction: The Gould Law Library is a member of the Federal Depository Library Program.  As a selective depository, the library is responsible for maintaining and organizing the government documents distributed to us by the FDLP.  The purpose of the library’s government document collection is to support the information needs of Touro Law College’s students and faculty and members of the public.  Materials received from the FDLP are organized and stored both within the library’s main collection, as well as in a separate area within the library.

6.2               Community:  The Gould Law Library’s primary users are students of the law school and professors of law.  The library is adjacent to Federal and State Court houses, and, likewise, members of the community who work in these courthouses are also potential users, these include lawyers, judges, law librarians, alumni, and students from other law schools.  It is for this community the library primarily serves.

6.3               Scope: The library is a selective depository and does not receive all materials.  Selection is based upon the community’s informational needs; therefore, most materials tend to be law-related.  The materials selected are designed to support the curriculum of the law school and facilitate student and faculty research.  The library does contain some materials in subjects not related to law and politics.  These materials are stored separately and can be browsed during library hours. 

6.4               Formats: Materials are available both in print and electronically through links in the Library’s catalog and through library databases.  The library also stores government documents on microfiche.   Microfiche can be viewed in the library using a microfiche reader, which has printing capabilities.  Fdsys, the FDLP’s digital information system, is available free of charge via http://www.gpo.gov/fdsys/.

6.5               Retention: The library holds all materials for the required five years.  After the required time period, materials are kept at the discretion of the librarians and the library’s FDLP coordinator.  Materials with exceptional historical or research value will be retained indefinitely.  Other research materials are retained until obsolete.  Weeding is irregular; however, superseded materials are withdrawn upon receipt of an updated version.

6.6               Access: Government publications do not circulate.   Print materials are available for use within the library during library hours.  Visitors of the general public not part of Touro Law College who wish to view government documents can do so by contacting the reference office.  Reference librarians are available during library hours to assist those searching for government information.  Students and faculty are encouraged to use government information because of its ability to provide free, authoritative information in a variety of formats in many libraries across the United States.

7.                   Collection Development Policy for Foreign and International Law Materials

7.1               Introduction: The Library’s foreign and international collection development goals are to consistently increase the “breadth and depth” of the foreign and international collection by selecting current and relevant materials to support the mission of the school and the research, curricular and academic needs of the library’s diverse group of users. The Gould Law Library collects and provides access to international and foreign materials in print and electronic format. The Touro Law Center curriculum includes basic courses on public and private international law and comparative law, as well as, specialized courses on international arbitration, international criminal law, human rights, international intellectual property, alternative dispute resolution, global labor law, and foreign and international legal research as well as Jewish law and Jewish legal philosophy.

7.2               Responsibility for Foreign and International Collection: The Foreign and International Law librarian performs analysis of the user’s needs and the demands for additions to the collection and makes recommendations within the parameters of the foreign and international collection development selection criteria (see below). Faculty members may be consulted about potential purchases in their fields, and the library honors their specific requests whenever possible. Student requests are honored so long as overall foreign and international collection selection criteria are met. Recommendations are submitted to the Director and Associate Director of the library. The Director of the Gould Law Library is ultimately responsible for making the collection development decisions whereas the Associate Director oversees the day-to-day processes of collection development.

7.3               Selection Criteria: The foreign and international collection selection criteria includes all of the factors listed in the general collection selection criteria as well as other factors relevant to the special characteristics of foreign and international materials. If the resource is available in an electronic subscription database, this format will be chosen over print for primary sources of foreign and international law. Print sources will still be the format of choice for monographs although subscription databases that include e-books are evaluated for price and usability. Treatises and other supplementary sources of international law as well as comparative analysis of foreign jurisdictions are still primarily selected in print monographs. If a resource is available from a free online resource, the resource will be evaluated for its accuracy, reliability and authoritativeness, and the usability of its interface.

7.4               Selection Tools: The foreign and international selection tools include all of the tools listed in the general collection selection tools along with the specialized selection resources including: foreign and international publisher catalogs; foreign and international content available from national subscription database vendors; and content available from foreign and international subscription database vendors.

7.5               The Foreign and International Collection

7.5..1        Foreign Law: The Gould Law Library’s foreign collection currently consists of primary and supplemental sources of national law in print and electronic subscriptions. Subscription databases include: Indlaw; Justis; LawInfoChina; Foreign Law Guide; and Kluwer’s International Encyclopedia of Laws. The majority of the print primary law collection is in English with concentrations in British, Chinese, German, Indian, and Russian law. (The library also has an outstanding Jewish law and Judaica collection in print and electronic. For more information see the Judaica collection development policy below.) The library also looks for subject compilations comparing foreign law jurisdictions. Civil, common law, and mixed legal systems are all given equal consideration. Subjects include: family law; torts; civil and criminal procedure; criminal law; and contracts. The library also collects extensively in comparative constitutional law in print and electronic. Subscription databases with historical content include: Eighteenth Century Collections Online, Making of Modern Law; LLMC Digital; and HeinOnline.

7.5..2        International Law: The international public law collection currently consists of the basic primary and supplementary sources of international public and private law in print and electronic subscriptions. Along with the principle primary resources of public international law, including international treaties and agreements and the decisions of international tribunals, the focus of the library’s public international law collection is in the following subject areas: humanitarian law; human rights, especially women’s right and religious freedom; international criminal law with special focus on the war crime of genocide and international criminal tribunals.   To a lesser extent, the library also collects in the international subject areas of intellectual property, environmental law, tax and labor law among others. The library’s private international law collection includes international commercial arbitration and international alternative dispute resolution. Subscription databases include: all of the available international libraries on HeinOnline; Kluwer Arbitration; Max Planck Encyclopedia of Public Law Online; UNAccess; all of the BNA international publications; and the Index to Foreign Legal Periodicals.

7.6               Weeding and Storage: To maintain a current and relevant foreign and international law collection, the library will continually weed the collection of outdated and useless materials. The library weeds materials to the collection which are non-current or superseded. Also, surplus copies of works no longer in demand for backups are discarded. Non-current materials considered to have historical worth are sent to storage.

8.                   Special Collections Development Policy

8.1               Special Collections General Policy Statement (forthcoming).

8.2               Judaica Collection (forthcoming).

9.                   Conclusion: This collection development policy is designed to be an organic document providing guidance to the librarians exercising their professional judgment in making selection decisions, and not as a strict formula to be applied without thought. With proper review and periodic updating, this document should assist the library in serving its diverse groups of users for the foreseeable future.

10.               References: This version of the Gould Law Library collection development policy was modeled after the University of Arizona law library collection development policy available at: https://law.arizona.edu/ and uses excerpts from the U of A policy with permission of the editor, Shawn Esposito, Head of Public Services of the University of Arizona Law Library.

[1] International Federation of Library Association and Institutions Section on Acquisitions and Collection Development. Guidelines for a Collection Development Policy Using the Conspectus Model, 2001. http://www.ifla.org/VII/s14/nd1/gcdp-e.pdf