Introducing…Daniel Wade as the September FCIL Librarian of the Month

Photo - Dan Wade1.  Where did you grow up?

I grew up in Merrillville, Indiana in a humble house, but which backed onto a natural area. It was an ornithological paradise. We had scarlet tanagers, Baltimore orioles, great blue herons, red-headed woodpeckers, etc. It was fabulous!

2.  Why did you select law librarianship as a career?

My transition from the study of History of Religions (Comparative Religion) is due to sheer necessity. In my early 30’s I needed to find work, so I became an ERISA and Tax paralegal at the major Chicago law firm of Kirkland and Ellis. I worked and went to night law school. I very much enjoyed my international law course with Cherif Bassiouni. To say the least, I had a very indulgent wife, who allowed me to stay in graduate school for 16 years. I was truly a professional student. I saw law librarianship as a way of staying in academia.

3.  When did you develop an interest in foreign, comparative, and international law?

I started library school at age 38. Before I went, I attended my first AALL Annual Meeting and went to a program given by Blanka Kudej (NYU) and Simone Marie Kleckner ( United Nations) on the basics of international legal research. I knew from then on I wanted to be a foreign and international law librarian.

4.  Who is your current employer? How long have you worked there?

After working as a documents librarian and research assistant for Igor Kavass at Vanderbilt (1 year) and a foreign and international law librarian at the University of Houston (4 years), I came to Yale as a foreign and international Law librarian in 1987. In 1991 I was promoted to Associate Librarian for Foreign and International Law and held that position until 2010, when I became Curator of the Foreign and International Law Collection (focusing on collection development), In 2012, I semi-retired because of health reasons, and work only 23 hours a week.

5.  Do you speak any foreign languages?

I speak a very little French and German and even less Spanish. But I have studied 15 languages in a formal classroom setting (classical Latin, French, German, Turkish, Arabic, modern Hebrew, Hellenistic Greek, Biblical Hebrew, Medieval Latin, Middle Egyptian, Aramaic, Sanskrit, Homeric Greek, Spanish, and Italian.) I have forgotten almost all of it!!! I use French, German, Spanish, Italian, and a wee bit of Portuguese in my work.

6.  What is your most significant professional achievement?

I believe my most significant professional achievement has been in the training of the next generation of foreign and international law librarians, because they can help others. I encourage members to read about the history of foreign and international law librarianship in my short article, “The Education, Training and Experience of Foreign and International Law Librarians Now Working in United States Law Libraries” in Training the Future Generation of International and Foreign Law Librarians, edited by Judith Wright, AALL National Legal Resources Committee, 1992. I consider my Last Will and Testament to be “The Wisdom from Mount Nebo (Hiei): Advice to a Young Person Aspiring to Become a Foreign and International Law Librarian,” 23 (2/3) Legal Reference Services Quarterly, 51 (2006). I am still working! Finally, my greatest achievement was getting a picture in a law book! I clearly wanted more pictures in my law school texts! I was able to get permission to reprint Henri Rousseau’s “Dreams” in my article “Building a Medium-to-Large Foreign Law Collection” in the publication from our first Institute, Introduction to Foreign Legal Systems, (edited by Richard Danner and Marie-Louise Bernal), New York: Oceana, 1994.

7.  What is your biggest food weakness?

Anything sweet! As a dialysis patient many foods are proscribed. When I go to heaven, I hope to have a root beer float!

8.  What song makes you want to get up and sing/dance?

The old Shaker hymn “The Lord of the Dance.” I have been married to Carol for 48 years; our song was Sonny and Cher’s “I Got You Babe!” We are children of the 60”s. We were in many anti-war protests and loved the folk music of the period, e.g., Peter, Paul and Mary.

9.  What ability or skill do you most wish you had (that you don’t have already)?

Russian and an understanding of international economics.

10.  Aside from the basic necessities, what is one thing you could not go a day without?

A kiss from my wife and a whiff of fresh air! (I work in a small carrel in the lower level of the library. I am two city blocks from an outside entrance.)

11.  Anything else you would like to share with us?

What else I think you need to know: I went to DePaul Law School and University of Illinois Library School. I have two daughters – Alyson, who teaches elementary school, and Malory, who is a pre-school teacher – and one grandson, Luke. Also, two cats, Chester and Luna.

Lyon Declaration on Access to Information and Development

By Marylin Raisch

Lyon DeclarationThe IFLA World Library and Information Congress, currently meeting in Lyon, France, 15-22 August 2014, has released a declaration on access to information which boldly and appropriately situates this important goal in the context of human rights, sustainable development, and the kind of transparency and accountability that makes for good governance. The document is intended to marshal libraries and human rights organizations into a united front with civil society in to advocate everyone’s ability to access, use, understand and share information as part of the United Nations post-2015 development agenda.

At a time when the value of libraries (and other cultural institutions) faces a set of challenging questions, this declaration articulates our answers in what I, and I hope other librarians, see as their best answers to these questions, particularly in article 4, which states as follows:

  1. Information intermediaries such as libraries, archives, civil society organisations (CSOs), community leaders and the media have the skills and resources to help governments, institutions and individuals communicate, organize, structure and understand data that is critical to development. …

The document goes on to list how information is undoubtedly the basis for everything that makes human development possible: information and communication technologies (ICTs in the language of the document) are part of human health, economy, cultural heritage and identity, civil and political rights and freedoms, and it is a precondition for reducing inequalities in how people are treated as well as the current states of poverty and declining infrastructure.

Because this document says everything I believe we would want to say and says it well, I am encouraged by the number of signatory organizations so far: 134, including the American Library Association and the Association of Research Libraries.

As the Foreign, Comparative, and International Law Special Interest Section, I would urge all of us to urge our parent organization, the American Association of Law Libraries, to sign on immediately, as the IFLA meeting completes its 80th annual congress. Look for a link to the declaration on the IFLA Home Page in the highlights section to the right. It certainly seems that they are living up to this year’s big theme of Libraries, Citizens, Societies: Confluence for Knowledge. By doing our part to keep knowledge linked to the rule of law, so should we.

Finding Foreign Case Law By Citation: A Practical Guide

By Lyonette Louis-Jacques

The following guide was originally posted to the INT-LAW listserv on July 10, 2014, in response to one of the list’s most frequently asked questions.  What happens when you or a patron have a case law citation, but don’t know how to find the text of the case? Here are a few tips to get you started.

universitylogo1-300x288First, figure out what the abbreviation for the case report stands for.  To do so, use the Cardiff Index to Legal Abbreviations, a free, online database that allows you to search for the meaning of abbreviations for English language legal publications, from the British Isles, the Commonwealth and the United States, including those covering international and comparative law, as well as a wide selection of major foreign language law publications.

Let’s say you want that famous cannibal case, R v Dudley and Stephens (1884) 14 QBD 273 –  but you don’t know what “QBD” stands for.  Plug it into the Cardiff Index and you will discover as follows:

Q.B.D. L.R.Q.B.D. ; L.R.Q.B.Div. ; Law Rep.Q.B.D. Law Reports, Queen’s Bench Division England & Wales

Now that you know that QBD stands for the “Law Reports, Queen’s Bench Division,” you can search local, nearby library catalogs for holdings, or use a free OPAC or union catalog to find out which libraries near you own it.  I like using Open WorldCat, AMICUS, KVK (Karlsruhe Virtual Catalog), Harvard, Yale, Columbia, and so on.  It depends on what I am trying to locate and whom I know at the library that holds it.

Proceeding with your search for R v Dudley and Stephens, you search a catalog to see which libraries have the 1884 volumes of the Law Reports, Queen’s Bench Division.  Then you have three options:

  1. Contact someone you know at a library that has the volumes, and ask for copies.
  2. Place an interlibrary loan request directly with a particular library.  There might be a document delivery service.
  3. Place an ILL request via OCLC or another established lending and borrowing arrangement.

dudleyIf a case is famous, it may be “Wikipedia’ed,” in which case there is a possibility that the article will contain links to the full text:

http://en.wikipedia.org/wiki/R_v._Dudley_and_Stephens

If no links are given, you may still be able to locate the full text as reported in a print resource by using Google Books, HathiTrust, Gallica, or one of several other digital libraries.  These virtual libraries digitize older case reports/reporters, so the text of cases are likely to be available here only if the cases are old enough.  Googling the case generally helps to establish a date if you don’t already have one.  There are also the legal information institutes that form part of the Free Access to Law Movement, but the text there might not be exactly as it is in in the QBD or in other print sources.

And you always have a fourth option:

  1. Ask your INT-LAW colleagues for help!

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DipLawMatic Dialogues thanks Lyonette Louis-Jacques for granting us permission to edit and post this guide.

Foreign Relations History News

By Susan Gualtier

indexThe Legal History Blog announced on Wednesday the unveiling of the new Society for Historians of American Foreign Relations (SHAFR) website.  The site contains a number of resources on researching and teaching the history of U.S. foreign relations, including links to the archives of a number of U.S. and international organizations and information on partner research organizations.

In a related post, the Legal History Blog highlighted a new article on legal and foreign relations history available on SSRN.  Legal History as Foreign Relations History, by Mary L. Dudziak, legal historian and professor at Emory University School of Law, discusses the importance of law in the study of foreign relations history.  The abstract is as follows:

This paper is for a leading work on the methodologies of foreign relations history.  Traditionally, diplomatic historians have been skeptical about law as a causal force in international relations, and have often ignored it.  Challenging that assumption, this essay shows that law is already present in aspects of foreign relations history scholarship.  Using human rights as an example, I explore the way periodization of legal histories is tied to assumptions and arguments about causality.  I illustrate the way law has worked as a tool in international affairs, and the way law makes an indelible mark, or acts as a legitimizing force, affecting what historical actors imagine to be possible.  Drawing from Robert Gordon’s influential work on the methodology of legal history, the essay shows the way law can help to constitute the social and political context within which international affairs are conducted.  I argue that the presence of law and lawyers in the history of U.S. foreign relations is too central to be ignored.

For a scholar without legal training, taking up law-related topics can pose special challenges.  This essay ends with a Legal History Survival Guide that includes advice about how to get started and how to avoid mistakes.

Legal History as Foreign Relations History will appear in the forthcoming publication, Explaining the History of American Foreign Relations, 3rd ed., Michael J. Hogan, Thomas G. Patterson, and Frank Costigliola, eds. (Cambridge University Press).

International Trade Research at LA Law Library

By Neel Agrawal

Due to the increased focus on international trade, it is essential for exporters, legal and business professionals, practitioners, and academics to acquire skills in international trade research.  The LA Law Library, in partnership with the Ports of Los Angeles, hosted Export University over the course of the spring and summer.  This twelve-part series provided an overview of exporting procedures, considerations, and the relevant law.  Additionally, this innovative series included an MCLE class taught by Neel Agrawal (Global Law Librarian, LA Law Library) on International Trade Research and Resources. For a review of the class, please refer to Christina Tsou’s (Research Law Librarian for Faculty Services, UC Irvine) recent article in the SCALL Newsletter (vol. 41(5), pg. 4).

Global Practice Sources: Trade

By Neel Agrawal and Sarah Wolfson

Int Trade Practice1.  International Trade PracticeThis two volume source provides a general overview of international trade law and the most salient portions of international treaties. For example the source covers the U.S. escape clause within GATT that allows the U.S. to disregard elements of GATT under certain circumstances and implement temporary additional import taxes. This source also covers administrative and judicial challenges and issues in dealing with international trade disputes.

WTO2.  Law and Practice of the World Trade Organization This five volume source, published by Oceana, gives researchers a comprehensive understanding of international trade laws and issues within international trade. For example, the text includes an entire section on multilateral agreements on trade in goods, providing the relevant primary source materials and commentaries. The text also contains decisions from dispute settlement cases.

UNCITRAL3.  UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration.   The United Nations Commission on International Trade Law publishes this digest of cases from jurisdictions that enacted the UNCITRAL Model Law on Commercial Arbitration. Each chapter corresponds to a specific area of the model law and cites the relevant case law, which is particularly useful to judges, arbitrators, practitioners, academics, and government officials. The purpose of this source is to assist in the dissemination of information on the model law and promote its adoption and uniform interpretation.

Tariff4.  Harmonized Tariff Schedule of the United StatesPublished by the U.S. International Trade Commission and available both online and in print, the HTS provides a full schedule of tariffs levied on imports. The chapters are grouped by type of item, for example, chapter 3 includes fish, crustaceans, molluscs, and other aquatic invertebrates. Each type of item is further classified with an identification number composed of the chapter, section, and subsection. For example, fresh fish are identified with 0302, and specifically fresh albacore is identified with 0302.31. This invaluable source also notes the item quantity, the tariff per quantity, and any exemptions or special notes.

Index5.  WTO Analytical Index: Guide to WTO Law and PracticeThe WTO Analytical Index (3rd edition) is a two volume compendium of key materials from the WTO. Agreements include, for example, the Agreement on Sanitary and Phytosanitary Measures as well as Trade Related Aspects of Intellectual Property Rights. The agreements are accompanied by annotations to panel reports and dispute settlement bodies. The Index also lists both GATT and WTO disputes by providing the full case title and citation. For national reports on trade policy of WTO Members, refer to the WTO Trade Policy Reviews.

Restatement6.  Restatement of the Law: the Foreign Relations Law of the United States.  Published by the American Law Institute (ALI), sections 801 through 812 encompass the law of international trade. Topics include most-favored-nation treatment, barriers to imports, subsidies and countervailing duties, dumping and antidumping duties, and export controls. Each section includes a summary of the law, a source note, commentary, and reporters’ notes. The Restatement cites to the relevant U.S. statutes, regulations, and treaties.

Upcoming Feature: Introductions via the DipLawMatic Dialogues Questionnaire

By Loren Turner

Annual conferences provide wonderful opportunities for FCIL librarians to reconnect face-to-face and for the FCIL-SIS to introduce itself to prospective members.  But conferences are infrequent, and interactions there are often rushed and incomplete due to packed program scheduling and conflicting obligations.

canstockphoto9132980To facilitate deeper connections, DipLawMatic Dialogues has designed a fun way to introduce (and reacquaint) FCIL-SIS members to each other and to the greater AALL community.  Each month, DipLawMatic Dialogues will feature a (retired or current) FCIL librarian along with his or her responses to the DipLawMatic Dialogues Questionnaire, a survey that mixes the personal and professional, the serious and whimsical.   We hope that this new feature entertains you, inspires you, and, most importantly, encourages you to reach out to each other for further conversation.