UNIVERSITY OF CALIFORNIA, BERKELEY School of Law (Boalt Hall) Berkeley, California 94720-7210 March 12, 1997 ABA Citation Resolution Administrative Office of the United States Courts Thurgood Marshall Federal Judicial Building #1 Columbus Circle Suite 4-512 Washington, D.C. 20002 (I was told on the telephone that the above was the correct address for Federal Express submissions) Attention: Joan Countryman In response to the February 12, 1997 Federal Register request for comments concerning the ABA Citation Resolution I would like to submit the enclosed article (10 copies included) for your consideration. The article was published in Volume 83, No. 2 of the California Law Review and is entitled "On Not Throwing Out The Baby: Planning the Future of Legal Information." In the article I state my views on the question of using vendor neutral citation. Rather than restate the article's points let me just summarize the points that I think the committee should consider. First, the vast majority of individuals who need access to federal judicial opinions do not have access to electronic information, and any plan should contemplate continued paper products. Second, the need for some central repository of the edited, quality controlled information remains. For many years the courts have relied on private publishers to serve this function. It is neither simple nor inexpensive to provide the editing and quality control necessary to accomplish this task. Revisions to opinions, changes to opinions etc. present genuine challenges. Third, if there is only a paragraph citation required, it may be impossible to ascertain what information the person using the citation was looking at when he or she read it. Fourth, the current system of distributing information works very well. Before it is modified extensively, there must be pressing reasons to do so. Many small publishers are innovating right now. When new and better information systems develop, they will pull citation systems to follow them. It is dangerous to mandate a new citation system which depends on non-existent tools. Let the market sort this out as it always has in the past. Yours sincerely, Robert C. Berring Walter Perry Johnson Professor of Law and Law Librarian