Conceptual Frameworks in Legal
Research Instruction:
Where Pedagogy and Design Principles Meet to Make
Better Tutorials and Presentations
Paul D. Callister, JD, MSLIS
Director of the Leon E. Bloch Law Library &
Associate Professor of Law
Email callisterp@umkc.edu
http://www1.law.umkc.edu/faculty/callister/models/cali04.ppt
© 2004, Paul D. Callister
Take out a sheet of paper, in the next two minutes
graphically represent (other then in grammatical
sentences) your favorite subject to teach.
Part I
Why Bother with Conceptual
Frameworks?
The Problem
Find Ursa Major and Draco
The Solution
“We do not first see, and then define,
We define first, and then see.”
--Walter Lippmann, Public Opinion 81 (7th printing, 1961)
Semantic Network Theory
“Our memory is organized
into networks consisting of
interlinked nodes. Nodes
are basic pieces of
information or individual
words. . . . Learning is
the process of building
new knowledge
structures by acquiring
new nodes.”
Peter A. Hook, Creating an Online
Tutorial and Pathfinder, 94 Law
Libr. J. 243, 248-49 (2002)
(citations omitted)
Jenny Preece, Human-Computer
Interaction 127 (1994, reprinted 1997)
Semantic Network Theory
“Research has shown that ‘ideas with any sort of structure
are better recalled than unstructured lists of ideas.’. . .
[W]hat separates expert and novice problem solvers is the
well-developed and interconnected knowledge networks of
the experts that facilitate both the interpretation and
solution of a problem."
Peter A. Hook, Creating an Online Tutorial and Pathfinder, 94 Law Libr. J. 243,
249 (2002) (citations omitted)
The Power of a Good Conceptual
Framework
In the classic Greek philosophical text,
Meno, Socrates proves that even an
ignorant slave boy can deduce the
Pythagorean Theorem with the power of
reason and the aid of a simple model
sketched in the dirt.
Why Use Conceptual Frameworks with
Electronic Media?
• Simple transfer of text from print resources
doesn’t capture potential
Why Use Conceptual Frameworks with
Electronic Media?
• Simple transfer of text from print resources doesn’t
capture potential
• “Just-in-time learning”
Why Use Conceptual Frameworks with
Electronic Media?
• Simple transfer of text from print resources doesn’t
capture potential
• “Just-in-time learning”
• Non-linear capabilities of multi-media
Why Use Conceptual Frameworks with
Electronic Media?
• Simple transfer of text from print resources doesn’t
capture potential
• “Just-in-time learning”
• Non-linear capabilities of multi-media
• Nesting of layers of information
Another example
Why Use Conceptual Frameworks with
Electronic Media?
• Simple transfer of text from print resources doesn’t
capture potential
• “Just-in-time learning”
• Non-linear capabilities of multi-media
• Nesting of information layers
• Learn at user’s pace
Why Use Conceptual Frameworks with
Electronic Media?
• Simple transfer of text from print resources doesn’t
capture potential
• “Just-in-time learning”
• Non-linear capabilities of multi-media
• Nesting of information layers
• Learn at user’s pace
• Schemata and schema in interface design
On Schema in HCI
“A schema is a diagrammatic outline of something that
conveys its essential characteristics. One understands
incoming information to the extent that it conforms to our
schema or ways of knowing. If it fits a predefined pattern,
it can be understood and incorporated into the knowledge
base. If it doesn't, it is gibberish.”
Kent L. Norman, The Psychology of Menu Selection: Designing Cognitive
Control at the Human/Computer Interface § 4.3.2 (1991) (available at
http://www.lap.umd.edu/poms/).
What’s the Schema?
Why Use Conceptual Frameworks with
Electronic Media?
• Simple transfer of text from print resources doesn’t
capture potential
• “Just-in-time learning”
• Non-linear capabilities of multi-media
• Nesting of information layers
• Learn at user’s pace
• Schemata and schema in interface design
• Learning styles
Why Use Conceptual Frameworks with
Electronic Media?
• Simple transfer of text from print resources doesn’t
capture potential
• “Just-in-time learning”
• Non-linear capabilities of multi-media
• Nesting of information layers
• Learn at user’s pace
• Schemata and schema in interface design
• Learning styles
• “Death to bullet points”
Part II
Kinds of Frameworks
or
Our Tool Chest
Kinds of Frameworks
•
•
•
•
•
•
•
Structural
Functional
Metaphorical
Narrative
Relational
Formulaic
Contrastive
•
•
•
•
•
•
Complemental
Oppositional
Analytic
Systemic
Computational
Environmental
Structural Frameworks
• How it works
• From the designer’s perspective
• Doesn’t reveal how it functions (or how to operate it)
Functional Frameworks
• How to use it
• From the user’s perspective
• Minimum of necessary information
Example of Functional Framework in
Legal Research Context
Second Example of Functional
Framework
Peter Hook, Federal Legislative History Tutorial & Pathfinder
Metaphorical
• Emphasizes characteristics by another object (the metaphor) in which
the features are more pronounced
• Accomplished by overlaying subject with metaphor
Narrative
• Uses story (hopefully one that is memorable)
• The story must have some sort of meaning which can be
extracted from it
“My first assignment as a law clerk was not to
‘Shepardize’ a case or find some statute, but to
determine the average retirement age of female
OBGYN physicians in California. The IRS had
challenged actuarial assumptions for the defined
benefit plan of one the firm’s prominent clients. Not
surprisingly, I hadn’t a clue of where to start.”
Relational Frameworks
• Emphasizes relationships of two or more subjects in
terms of characteristics and attributes
• Spatial layout is important
Table based upon Christopher G. Wren and Jill Robinson Wren, The Teaching of Legal Research, 80 Law Libr. J. 7, 35
(Matrix A) (1988). See also Christopher G. Wren and Jill Robinson Wren, The Legal Research Manual 17 (fig. K) (2d ed.
1986).
Second Example of Relational Framework
Formulaic
• Sets the relationship of certain concepts down in
mathematical, scientific or other formula
• Emphasis is on economy and precision of
communication
Two Measures of a Search
Precision = (RetRel)/(All Doc’s Retrieved)
Recall = (RetRel)/(All Relevant Documents)
(RetRel strands for the relevant documents retrieved)
Rule for terms and connectors: if you have more than one
connector, use parentheses to control the search.
Contrastive Frameworks
• Emphasizes what’s different
• Contrast examples, not just
definitions
• Goal is to cultivate discernment
• What’s different must be
important
• Helpful to provide technical
criteria or nomenclature for
making distinctions
Example of Contrastive Framework in
Legal Research Context
The table is based upon a similar taxonomy developed in Jean L. Sears &
Marilyn K. Moody, Using Government Information Sources: Print and
Electronic 6-9 (2nd ed., 1994).
Complemental Frameworks
• Illustrates a reciprocal or complementary relationship
• As one subject increases the other decreases
Oppositional Frameworks
• Describes the opposing force
• Identifies forces to be “overcome”
Source: Claude E. Shannon & Warren Weaver, Mathematical Theory of
Communication (1949) (Downie’s adaptation)
Analytic Frameworks
• Emphasizes the what something is made up of
• Details constituent elements and prerequisites
• Need criteria for analysis
2nd Example of Analytic Framework
Bibliographic Info
Title, Database Name, Function or Service
Author(s)
Publisher
Ed/Year
Relationship to Legal Authority
Authority
Primary
Secondary
Branch of Government/Kind of
Law*
Courts/Caselaw/ Legislature/Statutory
Court Rules
Executive/Admin.
Regulations &
Rulings
Official Citation*
Yes/No
Combined
Constitution Treaty
al
If not, what is the official citation?
Geographic Jurisdiction
Covered
Years Covered
*For primary legal sources only.
Organization and Features
Arrangement Chronological
Topical
How is it
updated?
Pocket Supp. Looseleaf
Part
Annual
Serial
Indexing
Controlled
Nat. Language/
Voc/Key Word Words & Phrases
Table of Contents/Hierarchical
Case/Party Names Regulations Statutes/Act
Name
Electronic
Searching
Full Text
Terms &
Connectors
Table of Contents/Hierarchical
Subject Segment/
Field Restricted
Format
Electronic
Print
If electronic, is it in PDF format?
Computer Disks/CDs
Web Sites/Online Service
Supplementa Form Books
l Materials
Full Text Natural
Language
Shepards
KeyCite
Abstracts (or other than full
text)
Systemic Frameworks
• Emphasizes the “big picture”
• Depicts one or more subjects in relation to the whole
• Genus or family is important
Second Example of Systemic Framework
Best Use of Resources
Audience
Academia
Practicing
Attorney
Law Student
Government
Public
Other
Professional
Known Item
Subject
Agency or
Organization
Statistical
News
Special Expertise
General Description of Content
Problem Type
Similar or Competing Product or
Service
Type of Legal Issues Covered
Place in the Legal Research
Octant
Other Comments
Factual
Which Octant Best Describes?
Legal--Procedural
Place in the Research Process
Legal--Substantive
Which Stage Best Describes?
Computational Frameworks
• Allow manipulation
• Permit calculation of a result
HTML Coding Interactive Rollovers
<html>
<head>
<script language="javascript">
<!-swishoff= new Image(590,590)
swishoff.src = "Octant1.jpg"
swishon1 = new Image(590,590)
swishon1.src = "octant_PKE.jpg"
....
// -->
</script>
</head>
....
<body>
<map name="navagation">
<area onmouseout="document.swish.src =
swishoff.src"
onmouseover="document.swish.src =
swishon1.src"
coords="296,140,463,222" shape="rect">
....
</map>
<img usemap="#navagation" border="0"
name="swish" src="octant1.jpg" hspace="2“
width="590" height="590">
</body>
</html>
Environmental Frameworks
• Show environment or ecosystem of a subject
• Attempt to describe holistically how environment and
subject affect each other
Source: Richard Saul Wurman, The Non-Information
Explosion, in Information Anxiety 31-50 (1989)
Summary of Frameworks
•
•
•
•
•
•
•
Structural
Functional
Metaphorical
Narrative
Relational
Formulaic
Contrastive
•
•
•
•
•
•
Complemental
Oppositional
Analytic
Systemic
Computational
Environmental
Part III
Application
or
Now You Try It
Assignment: In small groups, discuss what problems
you would anticipate in teaching first-year law students
to use a legal periodical index such as LegalTrac or
Index to Legal Periodicals.
What Problems Do You Anticipate?
• Understanding what is being searched
• Searching using subject v. keyword
• Understanding how results are presented and the
nature of relevancy ranked searching
• Understanding the nature of subject fields and their
relationship to human indexers (in contrast to “fulltext” algorithmic searches)
• Knowing when to use the resource
Use conceptual frameworks to address any conceptual
issues.
Contrastive
Functional
Discussion of Application
• How can you use this?
• What are the strengths (benefits)?
• What are the weaknesses (dangers, problems)?
“We do not first see, and then define,
We define first, and then see.”
--Walter Lippmann, Public Opinion 81 (7th printing, 1961)
The End