Ridicule and research support: Library Twitter strikes back!

Library and research branches of Twitter were outraged recently when two American Law students published a paper in the Harvard Journal of Law & Public Policy relating to abortion rights. The anger centred around the hypothesis that because the students didn’t find any historical literature relating to the term ‘abortion’ in their searches, that abortions simply didn’t exist in American history.

Tweet from Jacqueline Antonovich which reads: Fun story: These two law students published a paper about how they typed in the word "abortion" in a primary source database, didn't find much, and therefore conclude that "Founding Era Americans" didn't really know what abortions were and it was synonymous with miscarriage.

The thread of tweets goes on to explain that the furore surrounding this published paper is not that there was an investigation into historical abortions (which is topical worldwide since the recent overturn of the US Roe V Wade case), but that the flawed methodology was passed through teams of reviewers and editors and allowed to be published. Jacqueline Antonovich goes on to cite an article by Dr Lauren MacIvor Thompson published in the New York Times in 2019 entitled ‘Women have always had abortions’. (This article is behind a paywall but staff and students at the University of Edinburgh can read it in full using some of the news databases that the Library subscribes to.)

Aside from there being an entire school of academic research dedicated to the history of birth control rights, you may be wondering ‘what did those students actually do wrong?’ Dr Gillian Frank (@1gillianfrank1) provides some guidance in his tweets:

Fun fact: Just because you don’t find evidence in one database when you type in the word “abortion,” doesn’t mean a practice didn’t exist. Better historical questions are: Am I using the right keywords? Under what conditions could matters relating to abortion be spoken about?

Ronit Stahl (@ronitstahl) agreed:

And from there, ask questions like *Who* would be talking about this? Who would *write* about this? What *kinds* of documents/sources might include mention of this? *Where* might we find those sources? *How* do we think about/interpret silences?

More information about how to critically assess a search like this can be found by reading through Dr Frank’s twitter thread. Twitter can be an excellent tool for sharing resources and promoting discussion. This example is not only relevant because of the current news cycle but also because awareness of the importance of interrogating research methodologies rigorously is crucial if you are to publish well respected pieces of research.

Consider the bias in all your sources.

  • What power structures led to this work being published?
  • Who is speaking and why is their viewpoint important?
  • Who is missing from the conversation?
  • If there is a solitary viewpoint, why is this one in focus?

Librarians talk about bias quite often when discussing critical information skills with students and staff, because we want to be sure that the inferences you make from your source material are sound and fully considered. The Academic Support Librarian team have recently been working with one of our student interns to produce an online resource to help students to expand their searches and diversify their reading, due to be published this summer. We’ve also been crafting a toolbox to help our academic staff colleagues start conversations about including a wider range of resources in their core reading lists. Watch out for more news of both of these going live on the ASL blog.

In the mean time, if you’re struggling with your research and would like some advice on more robust search methodologies, you can contact the Law Librarians by email: law.librarian@ed.ac.uk, or any of our colleagues from the ASL team using the contact information on the ASL by subject area page. Although classes and exams are finished, we are around all summer so please contact us to make an appointment!

Getting resources not available in the Law Library Collections

Image of books stacked on a small table in the foreground on the mezzanine of the Law Library, looking out across a room full of students studying in the Senate Room (out of focus).

Books stacked on a table on the Law Library mezzanine. Photo by Sam Stills, copyright University of Edinburgh.

We often get asked by students how they get access to a particular item that we do not have in the Law Library collection. So here are a few ideas about how and where to get access!

Online or in print?

Some items are available both online and in print, others are only available in one format. It is worthwhile searching to see if the item is available in another format.

It’s useful to check on the databases (especially Westlaw, Lexis and HeinOnline) to see if we have online access. Although some material from these databases is added to DiscoverEd- not everything is!

Some print copies of key texts are in other libraries across the university (as well as the law library) so it may be that the item you want is available in another location.

  • For items outside the central area you can place a hold and collect them centrally.
  • For items held in the central area you need to visit the holding library and borrow from there.

We do not add all print journal article details to DiscoverEd, so if you cannot find the article online then it’s worthwhile looking to see if we hold the print journal.

Scan and Deliver

If you cannot come on to campus (you are studying online or perhaps self-isolating) then you can request a scan of a book chapter or journal article be emailed to you. There are limits (due to copyright law and if it has been requested previously) but the service has been well used during lockdown periods.

The library does not post out books to users, so if you want a full print book you would need to come in and borrow the item. Full detail of the service are at:

Interlibrary loans

Interlibrary loans (ILLs) are where you request an item and we see if we can borrow it on your behalf from a partner library. On campus students can request journal articles and book chapter scans and also print books (which will be collectable from a campus library). Online students can request book chapter scans and journal articles.

For journal articles and book chapters we request a scan and send it via email. There is a limit per academic year about how many you can request, but usually the amount is sufficient. The library does not post out books to users. Full detail are at:

Borrowing locally from another library

If you are living in/near Edinburgh then joining the National Library of Scotland might be an option. The National Library has access to the Advocates Library collection, which is an extensive legal collection.  Full details of how to join are at:

Requesting a purchase for the library

Students can request that the Library purchases an book for research or study. The Request a Book scheme (RaB) has been running for several years and the majority of the items requested have been purchased. Library staff may get back in touch with questions or suggestions depending on the item and the cost, but more often than not items are purchased. Full details are at:

If there is a journal that you think the library should get then contact us on law.librarian@ed.ac.uk to chat it over.

More details on each of these services and more are available on the Library webpages:

Session Cases: Celebrating 200 years of Scotland’s prestigious law report series

A row of leather bound books fills the frame from left to right. The title 'Session Cases' and the year are embossed on the spines. The leather is blonde and each spine has a red and black square.

Session Cases volumes 1971-1982, image courtesy of the Supreme Court Library team, SCTS.

This year the Scottish Council of Law Reporting celebrates 200 years of publishing Session Cases, Scotland’s most authoritative law report series. From the SCLR website:

The Session Cases law report series contains all the key appellate decisions, civil and criminal, from the Court of Session and High Court of Justiciary in Scotland together with selected cases decided at first instance.

Also included in Session Cases are all decisions, as issued, on Scottish appeals to the House of Lords and to the Privy Council. All judgments are reported in full.

The judges who gave opinions (judgments) in each case have the opportunity to review the report before it is published – this gives Session Cases its unsurpassed authority in Scottish courts.

The first case ever published in Session Cases was Rev. Wm. Strang v Wm. McIntosh (1821) 1 S.5, dated 12 May 1821. You can access a copy of this case via our subscription databases Westlaw or Lexis Library UK, via the Law Databases page. If you’re not familiar with using these databases we have a recording of a session on Using Legal Databases available here (22 mins) There’s more information about SC and other law reports available via our subscription services on the Law Subject Guide ‘Law Reports’ page.

To mark this anniversary the Scottish Council of Law Reporting is running a poll to determine readers’ top three cases featured in Session Cases. They don’t have to be the most important cases, legally, but may be just a quirky case or one that has caught your interest. You can vote for your cases here: SurveyLegend Survey.

Another way SCLR marked this milestone was by creating a postgraduate research scholarship available to students in Scottish institutions studying Scots Law. The inaugural recipient of this award was Shona Warwick, a PhD candidate at Edinburgh. The scholarship will contribute to her tuition and living costs as she completes her PhD thesis on Leases and Licences in Scotland. From the SCLR headlines page describing Shona’s research:

For commercial landlords and tenants in Scotland, the common law, rather than legislation, is the source of most rules. Yet, despite its widespread practical importance, a lack of research has left the common law regarding leases and licences to occupy riddled with uncertainty. Through a historical study, this research sheds light for the first time on some of the most fundamental unanswered questions: it evaluates which occupancy agreements can be validly created, and how their formation requirements differ.

The announcement of Shona’s success featured in the Scottish Legal News bulletin in September last year. Shona is also the winner of one of the two Scottish Universities Law Institute (SULI) Scholarships. Congratulations Shona!