The Importance of Preserving Legal Information During Government Transitions

In times of government transition, whether it’s a change in administration or a shift in key political offices, preserving legal information becomes crucial. Legal records not only provide continuity and consistency in governance, but they also ensure accountability, transparency, and historical accuracy. For archivists and preservation specialists, these periods of transition present both challenges and opportunities to reinforce the role of legal information preservation in supporting a democratic society.

Why Preservation of Legal Information Matters

Legal information—ranging from legislative texts to court decisions, agency rulings, and executive orders—is far more than a collection of documents; it serves as the legal foundation of a nation's framework. This information chronicles not only the enactment of laws but also their interpretation, adaptation, and procedural evolution. During periods of government transition, access to this information becomes critically important for ensuring accountability, continuity and stability, transparency, and historical understanding.

Preserved legal information is essential for holding new administrations accountable to the legal precedents, commitments, and obligations established by their predecessors. This accountability is vital for understanding how laws have evolved and how current interpretations align—or diverge—from those of the past.

Access to historical legal information also provides continuity, a cornerstone of stability in any legal system. For newly appointed leaders and lawmakers, understanding the context, constraints, and implications of prior legal decisions and legislation ensures a seamless transition and informed decision-making.

In democratic societies, the preservation of legal information embodies public trust. Citizens have the right to access the legal documents that shape their rights, responsibilities, and freedoms. By safeguarding and providing access to this information, archivists and librarians play a critical role in supporting transparency, public oversight, and civic engagement.

Finally, legal information is deeply interconnected with the social, economic, and political contexts in which it was created. Preserving this information allows historians and future generations to examine the rationale behind decisions, offering a comprehensive view of the evolution of law and governance over time.

Challenges During Transitions

Government transitions often bring changes in policy that can influence what is preserved, what is discarded, and what is made accessible. For instance, some information might be sensitive or classified, and new administrations may have different priorities regarding what remains publicly accessible. There are several key challenges preservation professionals may face during these times:

• Risk of Information Loss: Data can be inadvertently or intentionally lost in transitions, especially when departments are reorganized, or when digital records are not adequately backed up or migrated. Without proper protocols, historically significant documents may be at risk.

• Resource Constraints: Transitions can strain resources in archival and preservation institutions as teams work to keep up with rapid changes, retire outdated records, and adapt to new technological requirements.

• Political Pressures: Different administrations may view the importance of certain records differently. This may lead to prioritizing some documents over others or, in some cases, restricting access to certain types of information.

Preservation Strategies in Times of Transition

To address these challenges, professionals in archival and preservation fields must take proactive measures to safeguard legal information. With much of today’s legal information stored digitally, preservation specialists must prioritize strategies to ensure continued accessibility as technology evolves. This involves employing practices such as regular backups, format migration, and advanced digital preservation techniques to maintain the integrity and authenticity of digital information.

The implementation of metadata standards is a key component of efficient organization, retrieval, and understanding of legal information. Detailed and standardized metadata ensures accessibility and usability, even amid changes in administrative structures. By adopting these standards, future administrations and the public will have a more reliable means of locating and utilizing essential legal information.

Redundancy is another critical safeguard against information loss. Establishing both physical and digital redundancies, such as multiple backup locations or copies in varied formats, provides an added layer of protection. These measures reduce the risk of catastrophic loss, particularly during periods of reorganization or staff turnover.

Training and advocacy are equally important in promoting effective preservation practices. Archivists and preservationists can partner with government agencies to emphasize the importance of preservation, deliver training on best practices, and advocate for sustained funding. These efforts ensure the long-term protection of valuable legal information and foster a culture of preservation awareness.

Finally, legal and policy advocacy is vital for protecting legal information. Preservation advocates can influence policies by lobbying for clear archival laws and championing regulations that prioritize the retention and safeguarding of these critical documents. Through these efforts, professionals play a pivotal role in mitigating risks and ensuring the integrity of legal information for future generations.

Government transitions present a unique opportunity to emphasize the critical importance of preservation in maintaining the legal and historical foundation of a nation. For preservation professionals, the responsibility is clear: safeguarding legal information for current and future generations is essential to ensuring transparency and accountability in governance. By adopting robust preservation strategies and advocating for sustainable policies, we can protect the accessibility and integrity of the nation’s legal heritage, even amid transitions of power. In times of change, preserved legal information serves not merely as a record of the past but as a cornerstone of democracy, continuity, and accountability.

LIPA Announces 2024 Project Grant Recipients: University of Utah and University of Nevada, Las Vegas

The Legal Information Preservation Alliance is excited to announce the recipients of this year’s project grants, awarded to two innovative and important preservation projects.

LIPA awarded a $1,275 grant to the University of Utah for their Digital Object Identifier (DOI) project, a collaboration with Hein Publishing and the Utah Law Review. This pilot project aims to streamline the process of creating DOIs for law reviews—an essential tool in ensuring stable access and accurate citation for digital publications. Although DOIs are widely used across most academic fields, law reviews have yet to adopt them fully, making their content vulnerable to unstable URLs and difficulties in long-term accessibility.

This project will create a workflow template that simplifies the DOI process for law reviews, tackling common barriers such as cost, lack of technical expertise, and long-term management concerns. Hein Publishing will handle the technical aspects, including metadata creation required by Crossref, and deposit metadata on behalf of law reviews, ensuring their content remains discoverable and stable.

The key objectives of this project include:

• Simplifying DOI adoption for law reviews by developing a model for others to follow.

• Ensuring long-term digital access to law review articles through the use of stable DOIs.

• Promoting the widespread adoption of DOIs in legal scholarship to enhance citation accuracy and the reputation of law schools.

By the end of this project, the Utah Law Review will be fully integrated with Crossref, and the project team plans to develop an outreach strategy to encourage other law reviews to adopt this DOI process.

LIPA also awarded $2,500 to the Wiener-Rogers Law Library at the University of Nevada, Las Vegas to support the processing and public availability of the archives of the Las Vegas Chapter of the National Bar Association (LVNBA). Founded in 1981, the LVNBA is the oldest organization representing African-American attorneys in Nevada. Its archives include important materials such as programs, certificates, meeting minutes, newsletters, and oral histories from 24 prominent Black jurists in Nevada. This grant will allow the library to hire a trained archivist to assess, organize, and make the archive accessible to scholars, students, and the public.

The project's goals include:

• Reviewing and organizing the archive's materials.

• Establishing guidelines for preserving both the physical and digital archives.

• Creating naming conventions and access methods to enhance discoverability.

• Proposing strategies to publicize the archives, particularly the oral histories.

• Recommending policies for the archive's ongoing maintenance and growth.

This project will open the archives for research and scholarship, preserving the contributions of Black jurists in Nevada’s legal history, particularly their role in the civil rights movement.

LIPA congratulates both the University of Utah and the University of Nevada, Las Vegas for their innovative preservation projects. These grants will not only help advance the preservation of vital legal information but also promote greater accessibility and discoverability of important legal resources.

Stay tuned for updates on these projects!

Do Law Libraries Even Need Books? The ABA’s Recent Changes to Standard 606

In February of this year, the American Bar Association’s House of Delegates finalized a number of changes to the ABA’s Standards and Rules of Procedure for Approval of Law Schools as part of the 2023-2024 revision cycle. Among these changes was a surprising, and potentially worrying, change to the standard relating to library collections.

Formerly, Standard 606 (Collection) mandated “reliable access” to a core collection of enumerated categories of primary and secondary materials. The new Standard 604 requires “reliable and efficient access” to a collection that is “complete, current, and with sufficient continuing access”

for the law school to comply with the Standards. Interpretation 604-1 makes clear that physical books need not be part of a library’s collection in order to comply with the standard, and even more bluntly, the accompanying cover memorandum states: “Physical books are no longer required.”  A physical library space is still expected for the time being, thanks to a successful amendment advanced by Scott Pagel of George Washington University Law School, but physical materials are not.

Naturally, the change has already stirred a great deal of discussion and concern about the implications. At a minimum, the ABA clearly has not prioritized the maintenance of those collections and it’s likely the change will serve as an accelerant for existing trends in law school administrations’ ability to encroach on library spaces and budgets. As now written, Standard 604 won’t encourage law schools to preserve or expand their libraries’ physical collections, and provides cover for faster deaccession and tilting the balance even further away from ownership of print toward licensing of online materials. Losses of 80 or 90 percent of physical collections and the spaces that house them are no longer unthinkable.

While libraries need flexibility in order to connect their patrons to the information required for their research, work, and other endeavors, there are many compelling reasons for law libraries to keep robust physical collections and to secure ongoing access to legal information in print. LIPA can help with those efforts by providing forums for discussion and collaboration, and resources for preserving unique, fragile or endangered legal information. If the ABA’s recent changes have made preservation of physical collections a more urgent priority for you, please join the discussions at the upcoming two-part webinar co-presented by LIPA and AALL’s TS-SIS this summer and LIPA’s annual member meeting in July (registration link).