Invisible Shackles: The Monopolization of Public Access Legal Research due to Government Failures

“The creation of a system that relies on past decisions, or precedent, such as case law, without providing an opportunity to meaningfully organize such information has circumvented the principle of public access to the law. In fashioning such a flawed scheme, the government has relinquished responsibility and vested in private parties the power to structure significant portions of the legal system on their own. Now, more than two centuries after the inception of the United States legal system, sophisticated corporations have captured the market for legal research and the government has provided no viable alternative that serves the public interest.

This comment argues that the current paradigm for legal research, particularly for free information such as state and federal case opinions and statutes, federal agency regulations, and many law review or journal articles, is one that inhibits rather than promotes public access to the law. The core problem is that properly organized and intelligible legal data is sealed away behind paid, proprietary software while official government sources remain archaic, unintuitive, and disordered….”