Why Do We Do What We Do? Comparing Legal Methods in Five Law Schools Through Survey Evidence
Here’s a chapter by Mathias Siems (web | blog | twitter) (and me!) on legal research methods. It follows on from our 2012 piece ‘Mapping Legal Research‘, and will appear in a forthcoming edited collection. The companion website (with our data) is here, and you can download the paper from SSRN here. And the abstract:
For the purpose of this paper we conducted an empirical survey of academic staff at two German law schools (Heinrich-Heine University Düsseldorf; Bucerius Law School), two UK ones (University of East Anglia; University of Edinburgh) and one Irish one (Trinity College Dublin). We asked the legal scholars to indicate to what extent they identify with legal research as part of humanities, as part of social sciences, and as akin to the analysis of law in legal practice. In this paper we present and discuss our results, using tools of both classical and compositional statistics. We also relate our data to contextual information about these legal scholars (e.g., training, career stage) as well as institutional and country differences. Our main general finding is that scholars of the German law schools have a relatively strong preference for practical legal research and scholars of the UK and Irish law schools a relatively strong preference for law as humanities. Some of our specific findings are that international legal scholars tend to be closer to the social sciences and that younger scholars and private lawyers tend to be closer to practical legal research. We also observe some signs of convergence since, across the five law schools, scholars told us that they tend to use practical legal research methods less often, and social sciences methods more often, than ten years ago.
The latest Quilliam Club podcast is the first in a new series on ‘identity and technology’. The discussion took as its starting point Norberto Andrade’s “Oblivion: The Right to Be Different… from Oneself // Reproposing the Right to be Forgotten” (2012) 13 Revista De Internet, Derecho Y Politica 122-137. I am one of the voices heard on the recording, which can be found here.
Registration is now open for our one-day conference on misuse of private information, breach of confidence and the world since Campbell v MGN. You can register online here.
Here’s the draft programme (click to enlarge):
Two pieces of mine have recently appeared in online law journals. They are available without charge or login from the journals concerned; both journals are open access journals. You can also download the articles from SSRN.
The first article emerges out of the CREATe project on games, transmedia and the law. Along with my UEA friends Dr. Keith M. Johnston and Dr. Tom Phillips, I have been thinking about legal and business issues in and around the games industry, with a particular interest in new and emerging business models. This particular piece, “Multiplayer Games: Tax, Copyright, Consumers and the Video Game Industries” (European Journal of Law and Technology | SSRN) is a discussion of the impact of legal measures in each of the three cited fields.
The successes of the games industry requires an analysis of the way in which the state is influencing, or attempting to influence, the development of the sector. Drawing from a research project on games, transmedia and the law, including a roundtable with developers and others from the industry, a critical perspective is provided on the impact of three types of law (tax, consumer and intellectual property) on the UK industry. The negotiation and eventual approval of a tax credit for video game development expenditure is reviewed. This is an example of the games industry lobbying for and welcoming the creation of a specific (but film-influenced) legal status for the “video game” – but the passage of the scheme raises troubling questions about the cultural status of games. A significant commercial issue, that of consumer protection, is then discussed. Consumer legislation may prove to constrain certain developments in relation to games; it is argued that there is a special impact on new platforms, because of the (deserved) official attention now being paid to in-app purchases. In relation to intellectual property, the alignment (or misalignment) of copyright law with concepts of value in the sector is considered, with particular reference to “cloning”. In conclusion, the particular impact of the three fields on new platforms, and the different degrees to which legislation is contributing to the development of the games sector, is considered. It is argued that the emerging business model of F2P non-console games is not handled as well as it should be, particularly as compared with other business models in the sector.
The second, shorter piece is an update for the law and technology journal SCRIPTed on recent developments in online gambling law. I discuss two particular developments: a significant retreat from the ‘deregulatory’ Gambling Act in Great Britain (amended to provide for greater control over foreign providers advertising or doing business in the UK), and a further step in the EU’s attempt to get to grips with the field – a Recommendation from the European Commission. The piece is “When The Dealin’s Done? Recent Developments in Online Gambling Law and Policy” (SCRIPTed | SSRN) and, to my great delight, was submitted on Kenny Rogers’ 68th birthday.
Three job-related announcements.
1. The University of Edinburgh has advertised a post (Lecturer or Senior Lecturer) in “digital media law”. As you will see from the job description, there are a number of specific research and teaching needs, although digital media is to be broadly understood. The person appointed will be a part of the SCRIPT research centre and the IP, Media and Technology subject area at the Edinburgh Law School.
2. If you know me, the job description will sound not a million miles from what I do at the moment. And my name doesn’t appear on the list of people the successful candidate would work with. So it might not come as the greatest of surprises for me to say that I am leaving Edinburgh this summer, to take up a post as a Reader in Law at Newcastle University (specifically, Newcastle Law School).
3. Newcastle itself has advertised a further group of jobs. Three lectureships and a teaching fellowship. For the lectureships, there are particular needs at present in commercial law, land law/equity, criminal law, and maritime law.