Collection Development Policy

As revised, May 2014

Download policy as PDF

I. Overview

The J. Michael Goodson Law Library (Library) and the Academic Technologies department (Ac Tech) work in collaboration as Duke Law School Information Services (DLSIS). The overall mission of DLSIS is:

To provide an innovative and comprehensive information environment for study and scholarship, to prepare Duke Law students for responsible and productive lives in the legal profession, and to support the Law School’s leadership in enhancing the understanding of, and improving, the law and legal institutions, national and international, through  public service, research and scholarship of the highest caliber.

In support of the Law School and DLSIS missions, the Goodson Library's primary collection development goal is to provide access to deep and rich information for legal and interdisciplinary research and scholarship now and in the future, and to support the curriculum and skills training programs of Duke Law  School.[1] To achieve this goal, the Library emphasizes licensing and purchasing electronic resources, on-demand borrowing and purchase, and collaboration with other research institutions, while continuing to build and maintain in-house print collections where needed to ensure permanent access and respond to community preferences.  The Library develops collections for current and future researchers, responding to and anticipating the changing needs of our community, while prioritizing the needs of Duke Law faculty, major areas of the curriculum, students and staff.  The Library’s policies and practices must be sufficiently nimble to respond to emerging legal fields, evolving areas of legal expertise and increasing focus on skills-based instructional opportunities.

Duke University is distinguished by interdisciplinary approaches to scholarship and learning with many formal and informal bridges between departments and schools. The Law School actively participates in these programs and initiatives, and the Law Library serves not only law faculty and students, but also as the source of law materials for the entire Duke community. In keeping with the university’s emphasis on interdisciplinary scholarship and learning, the Library’s collections provide access to a broad range of resources on law and on law's intersections with other disciplines. Internationalization is also emphasized at Duke University and Duke Law. Comparative and international perspectives enhance nearly every area of legal study, and the Library maintains strong foreign and international law collections to support research in these areas.

The law community benefits from close proximity and a long history of collaboration in collection development and shared services with both Duke University Libraries and the Triangle Research Libraries Network (TRLN). TRLN[2]  is a collaborative organization of Duke University, North Carolina Central University, North Carolina State University, and The University of North Carolina at Chapel Hill libraries whose mission is “One research collection for one user community.”  TRLN and its member organizations promote and support access to resources through a unified catalog search interface with unmediated book requests, twice daily delivery of materials between campuses, and an organizational structure with cross-campus working councils to develop new services and explore cooperative practices and innovation. The Law School community also benefits from direct access to hundreds of databases through Duke University Libraries. In addition, the Library participates in regional and national programs for cooperative collection development, sharing, and preservation, including agreements with the New England Law Library Consortium, Legal Information Preservation Alliance, and reciprocal ILL agreements with individual libraries.

The Library increasingly prefers ownership of or licensing access to materials in electronic formats, including online subscription-based resources, historic and current digital collections, e-journals, and e-books.  To provide the greatest flexibility in use and to ensure permanent and reliable access to core resources, the Library collects and retains materials in print and multiple formats where appropriate.

II. Primary Sources of Law

A. United States
 

Primary sources of law are authoritative statements of legal rules. In the United States, primary sources of law for federal and state jurisdictions are issued by governmental bodies with the authority to make law: legislatures, courts, and executive agencies. Sources include constitutions, legislation, court opinions, court rules, and administrative rules and decisions. Related materials issued by governmental bodies, such as attorney general opinions and legislative history materials, are included in this category for collection purposes. These sources are fundamental to legal research and scholarship, and are heavily used by faculty, students and other researchers.

Therefore the Library collects or provides access to a comprehensive collection of current and historic primary source materials for federal and state jurisdictions in multiple formats including print, commercial databases, and government web sites. Authenticated sources and digital collections with original page images are preferred. Official case reports, codes and one annotated code for all jurisdictions are collected in print to ensure reliable permanent access, to provide alternative approaches to some research tasks (primarily statutory research), and to support current Bluebook citation requirements. The Code of Federal Regulations and federal agency decisions are also collected in print, with access to electronic resources for state regulatory materials. The Library collects materials in microform for a very limited number of congressional documents and actively investigates replacing microfiche holdings with digital products as they become available. Selected indexes and other discovery tools provide access to these primary sources and related materials.
The Library achieves its collection goals for federal materials in part through its participation as a selective depository (8% for all formats) in the Federal Library Depository Program with concentration on congressional, judicial, and administrative law materials.
B. Foreign Jurisdictions


Primary sources of law in foreign jurisdictions vary and may include constitutions, statutes, codes, regulations, and court reports emanating from official bodies.  Only works in the vernacular are considered official primary sources. The relative authority of sources varies by country and legal system. In civil law countries, for example, court reports, although important, have traditionally been considered to be non-binding.[3]

The Library's collection development policy for foreign primary materials is to develop a focused collection which builds on our historic strengths (e.g., the U.K. and other common law jurisdictions), is representative of major civil and common law jurisdictions throughout the world, reflects the evolving research interests of Duke Law faculty and students, and supports the curriculum.

To meet these goals, the Library collects and maintains current and retrospective foreign law materials guided by collection levels assigned to each country. Research interests tend to be subject-focused rather than jurisdiction-focused and collecting levels are reviewed regularly to reflect these changes. Definitions describing primary and secondary sources are included for each collection level.  Language and difficulty in obtaining materials for some jurisdictions also affect collection levels.

See Collecting Levels for Foreign Jurisdictions (Appendix B)

C.Public International Law


Public international law governs relationships between national governments and intergovernmental organizations. Sources of public international law are reflected in Article 38(1)  of the Statute of the International Court of Justice, and include treaties, custom as evidence of a general practice accepted by law, general principles of domestic law (e.g. res judicata), and judicial decisions, as well as the teachings of eminent international law scholars. Primary sources include treaties and documents emanating from the legislative and adjudicatory organs of international governmental associations and tribunals.

The Library collects international primary materials to advance the internationalization interests of Duke University and the Law School, and to support the research interests of Duke Law School faculty and students, and the curriculum. Access to current and retrospective materials is guided by the collecting level for the organization and type of material.

See Collecting Levels for International Law (Appendix C)

III. Secondary Sources

Secondary sources explain, interpret, update, and provide access to primary sources. This category includes books, journals, encyclopedias, reference materials, and finding tools. The Library collects and provides access to secondary sources on legal subjects for the United States and foreign jurisdictions, as well as on topics of comparative and international law. The intensity of collecting for specific subjects is guided by law faculty research interests, major areas of specialization within the law school curriculum and programs, and legal aspects of interdisciplinary research and initiatives across the Duke University. Collecting Levels are defined in Appendix A.

The Library’s collection of secondary sources focuses on scholarly materials that support the research and curricular needs of the law school. Materials written primarily for practicing attorneys are purchased very selectively, primarily to support clinical programs, skills courses, and to provide a collection of materials for the practice of law in North Carolina. Materials aimed at law students are collected in specific series that focus on substantive discussion of course topics, or serve as introductory treatises.

Materials on the law written for non-law audiences, including the Duke University community and members of the general public, are also collected very selectively.  These materials are generally available at other Duke University libraries, as is access to LexisNexis Academic. The Library’s holdings for this audience focus on the U.S. Supreme Court, overviews of American legal issues and noteworthy cases, and self-help books for the non-business community. Basic form books and standard legal research tools, such as encyclopedias, are available for researchers at all levels.  Onsite access to all electronic resources is provided unless prohibited by licensing agreements.

A. Treatises and Monographs 


Legal treatises provide in depth commentary and analysis of legal subjects. They vary in breadth of subject, publication format and updating patterns, and can be written for particular audiences with differing research agendas, such as a practitioner working with a client, a law student working in a clinical setting, or laypersons looking for self-help information. Monographs are detailed scholarly works of book length written on relatively narrow topics, and are rarely updated.

The Library continues to add broadly to its collection of monographs and treatises.  Print is the preferred format for scholarly monographs because it ensures permanent access, remains the preferred format for this category of materials, and is the only format available from some publishers. Legal treatises are provided in a mix of print and electronic formats with licensing of e-books increasingly taking the place of maintaining frequently supplemented print treatises. 

Researchers have access to many digital collections of historical treatises, such as the Making of Modern Law collections and HeinOnline’s Legal Classics. E-book packages from selected publishers are also increasingly reviewed and licensed. As more legal treatises become available electronically, and as licensing options continue to evolve, the Library expects to expand electronic access to individual e-titles.  Selection considerations for e-books include type of content, faculty format preferences, perpetual access, platform usability, cost, restrictions which prohibit interlibrary sharing (digital rights management), print and download options, and interest in the law community in e-book access.

All Duke researchers have access to a wide range of e-books licensed and purchased by Duke University Libraries, which has adopted an e-preferred policy for the social sciences. TRLN is engaged in a consortial e-book pilot project with Oxford University Press. The program is based on joint acquisition and access to UPSO e-books in all subjects including law, combined with a shared single print copy for most YBP books profiled in the humanities and social sciences.

Individual records provide title access through the catalog to e-books, books in digital collections, and to selected e-books in commercial databases (e.g. Kluwer Arbitration).  Titles in commercial databases with law-only access, such as LexisNexis, Westlaw and Bloomberg Law, are not added to the Duke catalog to avoid confusion about access for non-law users.

1. Scholarly Monographs

Scholarly monographs in law, often published by university presses and similar to scholarly works in other disciplines, are written on relatively narrow topics and are rarely updated. The Library selects broadly and deeply in monographs from scholarly publishers in accordance with subject level intensities. Both law and law-related titles reflecting law's intersections with other disciplines are collected. Titles that duplicate holdings of other Duke libraries outside the K classification may be selected in areas of strong faculty or interdisciplinary interest.

2. Multi-volume Supplemented Treatises and Loose-leaf Services

Multi-volume legal treatises with varying supplementation schedules serve several audiences. Some core works on broad topics are intended for scholars, practitioners and students. Others, particularly those that are frequently supplemented, are intended for practicing attorneys.  Because supplemented titles can usually be licensed or repurchased without loss of content as needed, very few titles with frequent supplementation are maintained in any format.  LexisNexis and Westlaw provide up-to-date access for many of these titles.  Titles are collected in print only if they are the main resource in an area of law or are useful to introduce students to resources used in the practice of law, and if the level of supplementation is appropriate for our collection. Electronic format is strongly preferred to manage frequent supplementation.  Titles with one annual supplement are treated as monographs for selection purposes.

Traditional looseleaf services (e.g., CCH)  which are published in multiple binders and frequently supplemented; and containing news, commentary, case reporting and administrative materials are not purchased in print or licensed electronically with rare exceptions, due to cost, low use, staff processing time and improved availability of the administrative and similar materials collected in these publications.

3. State Treatise and Practice Materials

Secondary source materials from states other than North Carolina are purchased only in subjects with level 5 collecting intensity, for specific faculty interest, and on topics specific to a jurisdiction, such as Delaware corporation law. All treatises on North Carolina law from reputable publishers are acquired, including legal practice titles. Selected American Bar Association books and a very limited selection of CLE materials are acquired to provide a basic collection of materials on practice topics, law and technology, and the legal profession.

4. Student Texts

Student texts provide introductory overview treatments of a topic without detailed analysis or extensive case references. The Library collects student texts by series that emphasize substantive discussion of topics covered in the law school curriculum (e.g., hornbooks, Examples & Explanations, and West’s Nutshell series). Books on taking exams and introductions to the law school experience are collected selectively.  Current student texts are kept in the closed Reserve Collection. Duplicate copies of current editions are provided based on level of use as evidenced by circulation statistics, with one copy of superseded titles retained. Commercial course outlines and materials written exclusively to assist students in preparing for course or bar examinations are not collected unless recommend by faculty or for LLMs, but may be added when received as gifts.

5. Casebooks

Casebooks are added when authored or edited by law school faculty members, received as gifts, or recommended as important general texts on a topic. Because of their limited research value and the difficulties of meeting student demand for assigned books with one or two copies, casebooks and other required texts for law school courses are generally not purchased. Since 2012 the Library has purchased required casebooks and texts for 1L courses and selected upper-level courses for the Reserve Collection. Circulation statistics for these materials are reviewed to assess use.

B. Law Reviews and Other Legal Periodicals

 

Legal periodicals are published for both general and specialized audiences and are valued for current and historical research. The primary outlet for legal scholarship and commentary and the most prominent form in the U.S.  is the law school published, student edited  law review. Scholarly journals in civil law jurisdictions are more often peer reviewed and published commercially. In recent years scholars and researchers in both common and civil law jurisdictions have shown increased interest in access to interdisciplinary journals. In both legal systems commercial publishers, bar associations and societies, as well as academic institutions publish journal literature of interest to legal academics and the practicing bar.

After consulting the faculty, over the last four years the Library first transitioned from preferring print to preferring print and electronic.  The Library now prefers electronic format for law reviews and most other periodicals.  Online access is preferred for other periodicals when official pagination is included, past content is reliably available, and cost is reasonable.  Journal aggregators are not relied on as the only or primary source for journal content.  The Library coordinates with other Duke libraries and TRLN to explore advantageous pricing models for electronic offerings, to monitor duplication, and to purchase digital archival access. 

The Library continues to purchase and retain in print a small number of the most frequently-cited law reviews,  law reviews published at North Carolina law schools, and journals routed to faculty (these are not retained).  Routing is reviewed annually with individual faculty members for e-access options or cancellation.  In addition, the Library collects selected foreign language periodicals in print depending on collecting level and assessment of permanency of electronic access. The Library’s permanent historical print collection is maintained in off-site storage under agreement with the TRLN Cooperative Print Retention Project, and the Association of Southeastern Research Libraries Collaborative Print Journal Archive.

Regardless of format, our journal subscriptions are decreasing and are reviewed as they come up for renewal based on collecting levels, ongoing interest, and cost considerations. The Library increasingly relies on ILL and purchasing individual articles and issues when needed.  New journal titles, regardless of format, are subscribed to only after faculty request or consultation.

Access to both print and digital journals is provided via the online catalog and through the Duke University Libraries discovery service (currently Serials Solutions). If the Library previously subscribed to a journal or newsletter in print, links to access continuing content freely available on the internet are added in the catalog and discovery services.

1. Scholarly Legal Journals

United States law reviews available through HeinOnline are not duplicated in print unless a title falls within the exceptions noted above.  The Library subscribes to commercial journals selectively in consideration of subject collecting levels, the journal’s importance to the area of law, and after consultation with faculty interested in the subject matter.  Electronic format is preferred for commercial journals where the publisher commits to long term preservation and access through programs such as Portico and systems like CLOCKSS.

2. Bar Association and Other Law Society Publications

This literature is increasingly available on the internet where it is most frequently searched by our researchers. However, in some cases subscriptions are required for access to full content in areas of ongoing curriculum and research interest.  For current ABA journals and newsletters the Library relies on HeinOnline and subscribes to the ABA package plan for print copies. State bar journals are available through HeinOnline and in Hein microfiche for titles not yet available digitally. The Library subscribes to a limited number of bar journals from prominent international and foreign bar organizations in print, when not available as web resources.

3. Legal Newsletters

Newsletters contain current content such as case summaries, short articles, and announcements, and are usually of limited long-term research interest. Content is generally not included in standard legal periodical indexes. The Library relies on internet access and discovery for current newsletters and acquire print subscriptions only if requested for routing to interested faculty (these are not retained).

4. Interdisciplinary Literature

Campus-wide electronic access to a wide range of interdisciplinary journals, and improved intra-campus document delivery, have displaced the need to collect journals from other disciplines for law community use.  Subscriptions to non-law journals are acquired only to meet specific ongoing curricular and faculty needs when they are  otherwise not available on campus or through ILL.

5. Popular Magazines and Newspapers
 
The Library maintains a Leisure Reading collection of popular and news magazines, and national and legal newspapers. Suggestions for titles in this collection are regularly solicited from students. For historical research in newspapers, including legal newspapers, and in general interest magazines, the Library relies on database access, microform, and Duke University resources.

C. Databases


The Library subscribes to a broad range of legal research databases for general use, specific subjects, countries and jurisdictions.  Databases may include a variety of types of materials (primary sources, journals, books, current awareness etc.) or focus on particular topics, jurisdictions, and legal practice tools.

Highest priority in database selection is given to image-based content (e.g. Making of Modern Law series), resources to replace print titles that are frequently updated (e.g. International Encyclopaedia of Laws titles), and those with broad interest for law and other disciplines (e.g. ProQuest Legislative Insight).  Campus-wide access is negotiated whenever possible and cost effective.

The Library increasingly receives faculty requests for highly specialized databases, products used in commercial fields and law practice, and datasets of interest to one or a small number of researchers (e.g. PI Navigator, Global Arbitration Review, Investor-State Law Guide).  The library supports these resources whenever possible and seeks out cost sharing with other libraries or interested faculty at Duke, and funding sources available elsewhere in the law school or through research grants. Costs are also managed through negotiating limited time periods, academic rates, and arranging trials to ensure the product meets the desired need.

A list of Legal databases and links is maintained on the Library website, including both those managed by the Library and Duke Universities. Databases are also identified through the catalog discovery services.

IV. Special Collections

A. Riddick Collections


Dr. Floyd M. Riddick, Parliamentarian Emeritus of the United States Senate and a Duke alumnus, and Marguerite F. Riddick were major benefactors of the Goodson Law Library. In addition to their support for the construction and furnishing of the Rare Books and Special Collections Room, the Riddicks established an endowment to support the Library's collections in the areas of legislative and parliamentary procedure, and American government.

Dr. Riddick also donated major portions of his own library to Duke. These materials are organized in four groups: the Senatorial Collection (books written and autographed by U.S. senators and other politicians), the Parliamentary Collection (materials on parliamentary procedure), the Congressional Collection (U.S. Senate materials), and selections from his personal library.

B. Rare Books and Special Collections


There are over 2600 titles and close to 3900 volumes in the Goodson Law Library rare book collection. Rare books are defined as books having value aside from, or in addition to, the intellectual content of the text, for example, works that are unique or contain interesting inscriptions, and pre-1900 titles held by a limited number of academic law libraries. The collection consists primarily of English books published before 1800, American serials published before 1820, and American monographs published before 1900 with a focus on early North Carolina law books. The collection is housed in the Marguerite F. and Floyd M. Riddick Rare Book and Special Collections Room and in locked stacks.

The Library actively collects in the following areas: civil rights, legal and law related items about North Carolina and southeastern United States, parliamentary materials, and justice of the peace handbooks. Titles held in the Rubenstein Collection of Duke University are generally not purchased by the Library. 

Most works in the collection were gathered from a review of the Library's general collections. Books that have been identified as possibly qualifying for rare book status continue to be identified from the general collection and titles targeted for transfer into Rare Books is an ongoing process.

Recent gifts and purchases include:  Blackstone’s Commentaries, 1st edition given by Duke Alumnus Colin W. Brown ’74; Henry Sumner Maine, Ancient Law: Its Connection With the Early History of Society, and Its Relation to Modern Ideas (1867) given by the faculty in honor of George C. Christie on his retirement; Senate Manual of 1907, stamped Mr. Justice Holmes on the cover and containing handwritten updates to a list of Supreme Court justices; Justice of the Peace manuals; collection of letters home written by Robert E. Seaks a Duke law student in the 1930s; President Richard Nixon’s personal letter to Judge John Sirica in 1973 claiming executive privilege in declining to comply with the subpoena to turn over tapes in the Watergate investigation; Robinson Everett redistricting papers, litigation files and depositions created during Professor Robinson’s representation of the Plaintiff’s in Shaw v. Reno and related cases, the North Carolina cases on issues of redistricting and voting rights decided in the Supreme Court; donation from John Simpson of Charlotte, North Carolina of a collection of books and memorabilia related to the Nuremberg Nazi war crime trials, named in honor of his uncle, Marshall Doswell.
C. Christie Collection in Jurisprudence


This collection was established in 1973 in honor of George C. Christie, James B. Duke Professor Emeritus of Law, and consists of treatises on jurisprudence and legal philosophy. The collection is intended to promote the scholarly study of legal philosophy. Monographs on jurisprudence and legal philosophy are collected at a nearly comprehensive level.

D. Cox Legal Fiction Collection


In 1987 James D. Cox, the Brainerd Currie Professor of Law, donated funds he received as recipient of the Duke Bar Association Distinguished Teaching Award to purchase fiction involving lawyers or legal themes. The collection is designed to highlight law in popular culture, and "in the hope that a fiction collection with some connection to the law may well spark students and others to enjoy a pleasant diversion while rationalizing it as field work." The Library also selects films and television series with lawyers as characters or law-related themes for the collection. Professor Cox continues to contribute funds for this collection.

E. Duke Law School Publications
 

1. Faculty Collection

The Faculty Collection includes books authored or edited, and books with original contributions by Duke Law governing faculty, published during their appointments in the Law School (other than short contributions such as entries in multi-volume encyclopedias). Faculty are asked to autograph authored and edited books. Second copies are also added to the general collection. Born-digital faculty writings, including blog postings and PDF-only formats, are collected in the Duke Law Scholarship Repository.

2. Duke Law Scholarship Repository

The Duke Law Scholarship Repository, established in 2005, is an open access (OAI-compliant) archive of the  texts of most article length publications by current and former faculty members, as well as the texts of all articles published in the School’s student edited journals. Projects are underway to include publications by historical faculty members as part of an improved law school history presence on the website, and to provide video, posters and schedules from journal symposia. Faculty bibliographies are maintained on the Duke Law website with links to the text of articles in the Repository. 

3. Law School Events

Law School conferences, panel discussions and special lectures sponsored by or held at the Law School, have been regularly recorded since 2000 and webcast since 2002. The Library enhances access with subject and speaker records in the catalog and tagged YouTube content, and permanently archives digital versions. In 2011, the library and Academic Technologies staff began a project to convert all Law School media assets into consistent stable format, using the latest digital standards and maintaining the integrity of the files by automation of fixity checking.

4. Law School History

Duke University Archives is the official repository for all Duke University records. To provide local access to Law School materials, the Library also collects and maintains copies of many Law School and Library publications in a separate in-house collection. This material includes bulletins, yearbooks, exams prior to 2000, memorabilia and miscellaneous historical documents and reports, library records, and unique donations from alumni and library friends related to law school history. It is kept  in the Law Library Conference Room to accommodate regular access to and browsing of the collection.

Historical photographs documenting law school events from the 1930s to 2000s are maintained in print and in a searchable digital photo archive, accessible to law school faculty and staff.  The Library’s on-going oral history project features recorded interviews with faculty members capturing their stories - how they came to work at Duke Law School, what changes they have observed at the Law School and in Durham during their years at Duke, and highlights of their careers.

5. Alumni Authors and Thesis Collection

The Library collects law, nonfiction and fiction books written and edited by Duke Law alumni. These books are displayed in a separate Alumni Authors Collection in the Reading Room. Beginning in 2012, the Library celebrates National Library Week by inviting a recent alumni author to visit the school and talk about their book. Theses from Doctor of Juridical Science (SJD) students have been deposited in the Library’s Thesis Collection from 1980.  Print copies for current SJD graduates are actively added to this collection, and deposited in the Law School Scholarship Repository where the author gives copyright permission.

V. Other Collections

A. North Carolina Materials


Legal materials from North Carolina are collected to support the curriculum and law school clinics, and at a more selective level the research needs of the local bar and the community. The collection includes up-to-date print copies and electronic access to all primary sources, and the print citator.  All treatises on North Carolina law from reputable publishers are acquired, including legal practice titles. Standing orders for publications of the UNC School of Government, annual reports from state bar committees, and selected reports of government agencies and continuing legal education materials are collected. Two print copies of all law reviews published by North Carolina law schools are purchased and maintained with other law journals. North Carolina and 4th Circuit Court of Appeal records and briefs are held in multiple formats depending on time period.

B. Pamphlet and Miscellaneous Documents Collections


The pamphlet collection is an historical collection of legal and non-legal Anglo American pamphlets dating from approximately 1765 through 1974.  Pamphlets are bound by size and numbered in a single series with each pamphlet fully cataloged for subject access. A similarly organized collection dating from approximately 1880 through 1975 contains miscellaneous government documents related to law, or considered of scholarly interest at the time of publication. Foreign pamphlets in several languages, including Spanish, French and Italian, were also collected in a separate series which dates from approximately 1920 through 1968.

C. Reference Collection


The Reference Collection is intended for quick consultation to aid further research for both legal and non-legal topics. It includes such standard reference sources as dictionaries (legal and general, for both U.S. and foreign audiences); encyclopedias; citation guides and major style manuals for law and other disciplines; biographical directories for legal and non-legal subjects;  legal research guides for state, federal, foreign, and international jurisdictions; indexes and finding aids for legal periodical literature and government publications; statistical data compilations for the federal government, the legal system, and specific courts; and selected standard reference tools from other disciplines. The collection also contains a small library of self-help guides to aid the general public with locating information about common legal matters.

D. Reserve Collection


Student texts, such as hornbooks and nutshells, treatises for first year courses, citation guides and style manuals, DVDs from the Cox Legal Fiction Collection and other materials and other texts requiring limited circulation are maintained in a closed circulation area.  In response to increased requests and expectations for the library to provide required textbooks, particularly during the first few weeks of the semester, the library also purchases required texts for all 1L courses and selected texts for regularly offered upper level courses.  The Library does not maintain electronic reserves, but works with faculty to post course materials and links through course management software. 

E. Superseded Collections


The Library’s Superseded Collections include state and federal code volumes, older Reference Collection materials, cancelled loose-leaf services volumes from BNA and CCH, and tax materials. Items in this collection are considered to be "superseded" by alternative sources, including electronic databases and are retained for historical research.

VI. Gifts

Donors contribute to strengthening the collections and fulfilling the mission of the Library through their financial support, and gifts of books and other library materials. Generally, books about legal and law-related subjects are accepted that fit within the scope of the collections. Duplicate copies are evaluated on a case-by-case basis. Donations of  manuscripts, papers and other materials that fit within the scope of the Library’s collection, and are of manageable size for staff to process are also accepted. The Library reserves the right to retain or dispose of gift materials as it deems appropriate.

A list of gifts-in-kind is provided annually to any faculty member requesting one. A letter acknowledging the receipt of materials is sent to non-faculty donors and items are book-plated with the donor's name. Under tax law, the Library is not permitted to appraise donations.


[1] The history of the early years of collection development is traced in William R. Roalfe, The Duke University Law Library: An Account of Its Development, 35 Law Library Journal 41, 42-45 (1942).

[2] To learn more about TRLN, see http://www.trln.org/about.htm.

[3] More about differences between the civil and common law traditions can be found in this posting.


Appendix A - Collecting Levels for Secondary Sources

The level definitions used here are adapted from the Association of Research Libraries and Research Libraries Group and have been refined for the Duke Law Library's collections.

[1] BASIC: A collection of up-to-date general materials that serve to introduce and define a subject and to indicate the varieties of information available elsewhere.  In addition to important treatises and introductory books, it may include access to appropriate bibliographic data bases, historical surveys, bibliographies, and a few widely used periodicals on the subject.  A collection at this level supports general research and brief examination of a topic.

[2] BASIC ACADEMIC SUPPORT: A broader selection of materials for a subject is provided on a wider range of topics with more depth.  This collection would include a greater variety of material such as explanatory and reference works, analytical works, a range of periodicals and historical descriptions.  Subjects are often included in this category due to a strong legal component in an interdisciplinary area, a developing academic interest in the area, or special library funding supporting the area above a basic level.

[3] INSTRUCTIONAL SUPPORT: A collection that is adequate to support law school and graduate instruction, or sustained independent study and generalized examination of a topic. An instructional legal collection includes most primary sources, a significant number of monographs, selected treatises that are regularly updated, retrospective and historical works, a selection of specialized journals, access to appropriate non-bibliographic databases, and the reference tools and fundamental bibliographical apparatus pertaining to the subject. This level may include some practitioners' materials and authoritative multi-jurisdictional titles.

[4] RESEARCH: A collection that includes the major sources in a defined area necessary to do extensive research including materials required for dissertations and independent research. A research level legal collection includes materials that allow for extensive research, seminar level research and writing, and most faculty research needs.  It also supports journal publication and editing.  It includes an extensive range and more specialized secondary sources, nearly all monographs in the area, and a range of specialized databases. This level includes representative practitioners' titles, and materials for most jurisdictions.  Pertinent foreign language materials are included. Older material is retained for historical research.

[5] COMPREHENSIVE:  A collection that includes, so far as is reasonably possible, all significant works for a defined field, including extensive historical collections.  While this level of collection intensity does not rise to that of a "special collection," the aim is to anticipate and serve research needs of faculty and any academic researcher.  Some exclusions and omissions will occur, but these will be limited. Such a collection includes all significant current and historical secondary legal materials, and may include manuscripts, and material on related non-legal aspects.  Subjects at this level may result from maintaining historical collection strengths, matching the strengths of the law school curriculum and programs, or supporting special interests of the community.

COLLECTING LEVEL BY SUBJECT

Accounting

 

2

Administrative Law (includes Food & Drug Law)

 

4

Alternative Dispute Resolution

(see also International Commercial Arbitration)

 

3

Animal Law

 

3

Antitrust (see also Trade Regulation)

 

4

Appellate & Trial Practice

 

2

Art Law & Cultural Property

 

3

Banking Law

 

3

Bankruptcy

 

3

Business Associations

(includes Corporations, Partnerships, Agency, etc.)

 

4

Children & the Law (see also Family Law)

 

3

Civil Procedure

 

4

Civil Rights (see also Human Rights)

 

4

Commercial Law (includes UCC)

 

3

Comparative Law

 

5

Conflict of Laws

 

5

Constitutional Law

 

5

Contracts

 

4

Courts

     Federal

     State

     U.S. Supreme Court

 

 

4

2

5

Criminal Law & Procedure (but Juvenile Justice 2)

 

4

Cyberspace Law (includes Internet, Cybercrime, Privacy, E-commerce)

 

3

Death Penalty

 

4

Education & the Law

 

3

Election Law (includes Voting Rights)

 

3

Energy Law

(includes Renewable, Sustainable Energy, Fracking)

 

3

Entertainment Law

 

3

Environmental Law (includes Natural Resources)

 

4

Evidence

 

3

Family Law (includes Domestic Relations)

 

4

Gender & Law (includes Women & the Law)

 

4

Health Law

(includes HIV/AIDS, but Medical Malpractice 1)

 

3

Human Rights

 

5

Immigration Law

 

3

Indigenous Peoples

 

3

Intellectual Property

(includes Copyright, Trademark, Patents)

 

5

International Business Transactions

 

3

International Commercial Arbitration

 

4

International Trade (see also Trade Regulation)

 

3

Jurisprudence

 

5

Labor & Employment Law (but Pension Law/ERISA 1)

 

3

Law & Economics

 

4

Law & Literature (includes Legal Fiction)

 

2

Law & Religion (but Islamic Law 3)

 

1

Law Librarianship

 

5         

Law of the Sea (but Admiralty/Maritime Law 1)

 

4

Legal Biographies

      Judges

      Lawyers

 

 

5

2

Legal Education

 

4

Legal Ethics (includes Professional Responsibility)

 

4

Legal History (includes Roman & Greek Law)

 

3

Legal Profession (but Legal Careers 2)

 

4

Legal Research & Writing

 

5

Legislative Branch

 

3

Military Law

 

3

National Security Law

 

3

North Carolina Law

 

5

Privacy Law (includes areas of Torts & 4th Amendment)

 

3

Property (but Land Use Law 3)

 

4

Race & the Law

 

4

Science, Technology & the Law (includes Biotechnology)

 

3

Securities

 

4

Sports Law

 

3

Taxation

 

4

Telecommunications Law

 

3

Torts (includes Remedies, but Products Liability 3)

 

4

Trade Regulation (see also Antitrust & International Trade)

 

4

Wills, Trusts & Estates

 

3

Appendix B - Collecting Levels for Foreign Jurisdictions

The levels for foreign jurisdictions have the same definitions as those in Collecting Levels for Secondary Sources modified to more accurately describe primary and secondary foreign legal materials. The collecting levels apply here to the jurisdiction, rather than to a subject.

Only works in the vernacular are considered to be primary sources.  In common law jurisdictions, the primary sources of law are statutes and cases. In civil law countries, codes are primary (i.e. binding) sources of law. Traditionally, court reports, although important, are considered to be non-binding.  Journals and treatises are considered secondary sources in all jurisdictions.  See, e.g., Alan Watson, The Making of the Civil Law 168-178 (1981).

[A] COMPREHENSIVE:

Primary Materials: The Library collects all codes or collections of statutes, and reports from all courts in common law jurisdictions.

Secondary Materials: The Library collects reports from all courts in civil law jurisdictions, translations of codes and court reports into English, works in English on all aspects of the legal system, and works in major languages on important aspects of the legal system.

[B] RESEARCH:

Primary Materials: The Library collects most codes or collections of statutes for both civil law and common law jurisdictions, and collects most court reports in common law countries.  

Secondary Materials: The Library collects most court reports in civil law countries, English translations of codes and court reports, works on the legal system and on wide variety of specialized subjects.  The Library selects only the most important treatises or other materials requiring frequent supplementation, and collects expensive monographs and serials selectively. The Library does not select practitioners' materials unless essential to a subject area. The Library collects secondary works in English and the vernacular.

[C] INSTRUCTIONAL SUPPORT:

Primary Materials:  The Library collects major codes or collections of statutes based on subject and court reports from the highest court, and selected reports from lower courts in common law jurisdictions. 

Secondary Materials:  The Library collects selected court reports from civil law jurisdictions, and translations of codes and court reports. The Library collects works on the legal system and on selected subjects.  The Library does not select practitioners’ materials, unless essential to a subject area, and collects expensive monographs and serials selectively. The Library collects secondary works in English and the vernacular.

[D] BASIC ACADEMIC SUPPORT:

Primary Materials: The Library collects selected codes or collections of statutes based on subject.  The Library collects court reports from the highest court in common law jurisdictions.  

Secondary Materials:  The Library does not collect any court reports for civil law jurisdictions.  The Library collects selected English translations of codes based on subject, general works on the legal system, and works on major subject areas (e.g., Contracts, Business Law).  Secondary works in both English and major European languages are collected.

[E] BASIC:

Primary Materials:  The Library does not collect codes or court reports.

Secondary Materials: The Library collects English-language secondary works only.  The Library collects general works on the legal system and on major subject areas (e.g., Constitutional Law) in English.

COLLECTING LEVEL BY JURISDICTION*

(*Countries not explicitly enumerated in the tables above are generally collected at Level E.)

COUNTRY

 LEVEL

Africa

Nigeria, Rwanda

D

Ghana, Kenya, South Africa

C

East and Southeast Asia

Korea

D

China, Hong Kong, India, Japan

C

Europe

Belgium, Croatia, Netherlands, Russia, Switzerland, Yugoslavia (Serbia and Montenegro)

D

Italy, Spain

C

France, Germany, Ireland, Scotland

B

United Kingdom

A

Middle East ­

Israel

D

North and South America

Peru, Venezuela

D

Argentina, Chile, Brazil

C

Canada, Mexico

B

Oceania

Australia, New Zealand

B

COUNTRIES ORGANIZED BY LEVEL*
(*Countries not explicitly enumerated in the tables above are generally collected at Level E.)

LEVEL

COUNTRIES

A

United Kingdom

 

B

Australia, Canada, France, Germany, Ireland, Mexico, New Zealand, Scotland

 

C

Argentina, Brazil, Chile, China, Ghana, Hong Kong, India, Italy, Japan, Kenya, South Africa, Spain

 

D

Belgium, Croatia, Israel, Korea, Netherlands, Nigeria, Peru, Russia, Rwanda, Switzerland, Venezuela, Yugoslavia (Serbia and Montenegro)

Appendix C - Collecting Levels for International Organizations

The levels for international governmental organizations (or IGOs) have the same definitions as those in Collecting Levels for Secondary Sources modified to describe primary and secondary legal materials more accurately. The collecting levels here apply to the organization, rather than to a subject.

Types of primary legal materials from IGOs include treaties, charters, legal acts (e.g., decisions, resolutions, directives), decisions of tribunals, etc.  Many IGOs also publish secondary materials such as yearbooks and annual reports, country and technical reports, monographs, periodicals, and press releases. 

The Law Library does not systematically collect materials from IGOs that do not publish legal materials; however, materials from these organizations may be purchased if they fit subject criteria for the Library’s general collection development policy.

[A] COMPREHENSIVE:

Primary Materials:  The Library collects all available primary materials.

Secondary Materials: The Library collects all important works on all aspects of the organization’s legal activities. The Library collects secondary works in English and major languages.

[B] RESEARCH:

Primary Materials:  The Library collects most primary sources.

Secondary Materials: The Library collects works on the organization in general and on a wide variety of specialized subjects. Loose-leaf treatises or other materials requiring frequent supplementation, and expensive monographs and serials are collected selectively. Practitioners’ materials are not selected unless essential to a subject area. The Library collects secondary works in English and major languages.

[C] INSTRUCTIONAL SUPPORT:

Primary Materials:  The Library collects selectively.

Secondary Materials:  The Library collects works on the organization in general and on selected specialized subjects. The Library collects secondary works in English and major languages.

[D] BASIC ACADEMIC SUPPORT:

Primary Materials: The Library collects selectively.

Secondary Materials: The Library collects general works on the organization and works on major subject areas (e.g., Intellectual Property, Environmental Law) in English and major European languages. 

[E] BASIC:

Primary Materials:  The Library does not collect primary materials.

Secondary Materials: The Library collects general works on the organization and works on major subject areas (e.g., Human Rights) in English. 

INTERNATIONAL ORGANIZATION COLLECTING LEVELS*

(*Organizations not enumerated in the table above are generally collected at Level E)

Organization

Level

Bank for International Settlements (BIS)

C

Council of Europe

B

Economic Community of West African States (ECOWAS)

B

European Free Trade Association (EFTA)

C

European Union (EU)

A

International Bank For Reconstruction And Development (IBRD or World Bank)

C

International Court of Justice

A

International Criminal Court

B

International Labour Organization (ILO)

D

International Monetary Fund (IMF)

C

Mercado Commún Del Sur (MERCOSUR )

B

NAFTA Secretariat

B

North Atlantic Treaty Organization (NATO)

C

Organization of African Unity (OAU)

B

Organization of American States/Organización De Los Estados Americanos: (OAS/OEA) 

B

Organization for Economic Co-operation and Development (OECD)

B

Organization for Security and Co-operation in Europe (OSCE)

C

Permanent Court of Arbitration (PCA)

B

World Intellectual Property Organization (WIPO)

A

United Nations (UN)

A

World Trade Organization (WTO)

A