Teaching FCIL as a Non-FCIL Librarian: Go-To Resources

By Janet Kearney & Michelle Penn

SlawFCILCareersWordle1This is the second in a set of posts from Michelle and Janet on FCIL for non-FCIL librarians; the previous post highlighted some go-to databases, and our next post will take a look at collection development. Michelle and Janet are both from Fordham Law Library, where Michelle is Faculty Services Librarian and Janet recently made the leap from Reference Librarian to FCIL Law Librarian. Thanks for having us!

When we first proposed this idea for a blog post, we did not realize just how often DipLawMatic Dialogues discusses tips for new teachers and FCIL teaching. Our challenge was to make this a useful post that doesn’t simply repeat the great advice of our colleagues who have come before us. We decided to once again focus on “go-to” resources in the hope that this will serve as a useful guide no matter what FCIL teaching situation finds you.

How might you find yourself teaching FCIL? In addition to the fact that we all do things outside our wheelhouse, teaching FCIL research can be a great way to help keep your FCIL research skills current even when you are not a FCIL librarian. Proposing a FCIL course can encourage you to brush up on your FCIL skills and help prepare you to move to a FCIL position in the future, if that’s something you want. For the less experienced non-FCIL librarian, teaching a FCIL class in a general advanced legal class, or offering research instruction for a doctrinal class, such as International Criminal Law or International Business Law, can be great ways to gain teaching experience and subject matter familiarity, without committing to teach an entire course on the subject. Offering research help for FCIL student journals, is another good way to explore different areas of FCIL research.

Although there are so many great resources out there on teaching, like 7 Things I Wish I Knew Before I Started Teaching Legal Research, here a few geared specifically towards FCIL.

Teaching Tip: Above all else, ask for help when you need it.

Do not hesitate to ask for help from other librarians! Even though our job is to provide assistance, it can still be difficult to turn around and be the one asking for help instead. Many of your colleagues probably have varying degrees of FCIL research experience and may be willing to share their course materials and insights on teaching FCIL. This includes your immediate colleagues, but the wider world of the FCIL-SIS is incredibly helpful as well.

Where can I ask for help?

The FCIL-SIS website, https://www.aallnet.org/fcilsis/education-training/teaching-fcil/, has information on existing classes and contact information for people willing to answer questions. You can send out an email on a listserv, like the FCIL-SIS My Communities forum or the Int-Law listserv. You could also leave us a lovely comment on this post!

Where can I find course documents, like syllabi or assignments?

The FCIL-SIS website also contains a Syllabi and Course Materials Database, https://www.aallnet.org/fcilsis/education-training/teaching-fcil/syllabi-course-materials-database/. This resource is very helpful and mentioned in almost every teaching FCIL post on DipLawMatic Dialogues. Check out this entry, Teaching FCIL Research Series: Fun with FCIL Assignments, https://fcilsis.wordpress.com/2018/02/13/teaching-fcil-research-series-fun-with-fcil-assignments/.

What are the best texts to help me prep/assign for reading?

The general consensus seems to be:

  • Marci B. Hoffman & Robert C. Berring, Jr., International Legal Research in a Nutshell (2d ed. 2017).
  • Marci Hoffman & Mary Rumsey, International and Foreign Legal Research: A Coursebook (2d ed. 2012).
  • Heidi Frostestad Kuehl & Megan A. O’Brien, International Legal Research in a Global Community (2018).

For more on textual selection see this AALL panel review and this post on selecting books.

How can I find more helpful DipLawMatic Dialogues posts on this subject?

This blog allows you to find posts by subject using both tags and categories using the right-hand side menu. Check the posts tagged teaching here, https://fcilsis.wordpress.com/tag/teaching/, and the category of teaching here, https://fcilsis.wordpress.com/category/teaching-2/. Last May, Alyson Drake compiled a great list, Teaching FCIL Research: Revisiting 15 DipLawMatic Posts on Teaching, https://fcilsis.wordpress.com/2018/05/22/teaching-fcil-research-revisiting-15-diplawmatic-posts-on-teaching/.

 

Locating UK and EU Guidance on Brexit

By Alison Shea

Brexit
Over the past week, two things happened which inspired me to write this post.  First I read this story on how the Dutch government had set up a website to provide guidance to its citizens on how to prepare for Brexit, and of course I immediately imagined how awesome it would be if the Dutch Brexit monster featured in the story teamed up with Gritty for a buddy comedy.  Second, I read FCIL-SIS Chair Catherine Deane’s column in the FCIL Newsletter asking for people to volunteer to write a blog post for Diplawmatic Dialogues.

As much as I know you were hoping to read my script ideas for the Gritty/Brexit monster buddy comedy, I began wondering if any other countries had created a comprehensive guidance site for its citizens and businesses in advance of Brexit (and especially a no-deal Brexit).  It had previously occurred to me that teaching an EU and/or UK research classes this semester would be very challenging given the timing of Brexit, and I figured the best thing I could recommend to students given this uncertainty would be to look for and follow government guidance documents.

Why recommend government guidance documents?  Because the actual withdrawal of the United Kingdom from the EU – currently scheduled to occur at 11pm GMT on March 29 – now looks like it will be very abrupt (if it happens at all), it will not be possible to amend all relevant laws to reflect the changes immediately (check out this blog post for a brief overview of the magnitude of changes that need to occur).  Thus, it will be important for anyone with an interest in Brexit to follow the government’s guidance on how to deal with it until the law can catch up.  Not only is the guidance going to be crucial for those living and working in the UK, it will also be extremely important for any country that currently engages with the UK in its (soon to be former?) capacity as a fellow EU member.   Therefore, a list of places to locate government guidance seemed like a good tool to create for librarians and FCIL instructors to have in their toolbox over the coming month(s).

After spending a few days searching and locating guidance information for most of the EU member states, I realized that the EU had already beaten me to creating a list of the relevant government guidance sites.  This was an extremely disappointing discovery, since I had already pitched this as a great blog post to Alyson and Susan and was really proud of my advanced Google (and Google Translate) skills.  However, from all my searching I can at least share my top research tip: because “Brexit” isn’t a real word, it’s a great search term to use in any language!   In the end, Alyson and Susan convinced me that there could still be value in my post, and so I humbly present a (shorter) list of relevant sites for locating government guidance on Brexit.

It should go without saying that this is what I was able to locate as of February 26, 2019; the landscape of Brexit guidance will undoubtedly change the closer we get to “B-day”, and will also change if the UK government takes new action in the interim (the latest update is that a “meaningful vote” will be held by March 12), so stay tuned!*

United Kingdom guidance

European Union guidance

Individual European country guidance

Even non-EU member states are finding it necessary to prepare for Brexit, as these countries interact with the United Kingdom under various bilateral agreements with the European Union and the European Economic Area; see, for example, this recent agreement on arrangements of citizen’s rights for many of these non-EU countries.  Three countries that have especially close ties with the UK are listed here:

 

*Looking for suggestions on how to “stay tuned” to the ever-changing world of Brexit?  Here are some of my go-to sources for Brexit coverage:

Teaching a FCIL Research Course for the First TIme

By Sarah Reis, Foreign and International Law Librarian, Northwestern Pritzker School of Law

 This is the third post in a series of posts over the next year about adjusting to my new position as a foreign and international law librarian. I started my position at the Pritzker Legal Research Center at Northwestern Pritzker School of Law in February 2018.

A couple of weeks ago, I started teaching my Foreign, Comparative, and International Legal Research course for the spring semester. (Perhaps in Chicago, it would be more accurate to refer to the “spring semester” as the “winter semester.”) Not only is this the first time I am teaching a FCIL research course, but it is also the first class that I am teaching on my own, which has been simultaneously exciting and nerve-racking.

Reis - Photo 1.jpgTo help me feel more comfortable with teaching, I spent the fall semester co-teaching an Advanced Legal Research class with one of my colleagues. I learned so much from my co-instructor, Clare Willis, about how to ensure that assignments are appropriately meeting learning objectives, how to develop useful rubrics for grading assignments, and how to effectively employ creative teaching methods to keep students engaged during class. I am grateful I had the opportunity to work closely with an experienced instructor for a semester prior to teaching on my own.

In designing my FCIL research course, I consulted materials other librarians have generously shared and read through the DipLawMatic posts about teaching. Additionally, the teacher’s manual for International Legal Research in a Global Community has been an essential resource in preparing my class materials (thank you, Heidi Kuehl and Megan O’Brien!). I chose not to require my students to purchase a textbook, but rather assigned selected chapters from International Legal Research in a Nutshell, which is available electronically through our West Study Aids subscription, along with a few chapters from International Legal Research in a Global Community and International and Foreign Legal Research: A Coursebook, for which we have copies on reserve.

My two-credit class meets twice a week for 55-minute periods. Already, I recognize it is going to be challenging to fit in a lecture/discussion and an in-class exercise while leaving sufficient time for a debriefing or review. I am looking forward to experimenting with various methods to give students time to practice using research tools and resources. For instance, some class sessions are set up with short exercises scattered throughout the session, while other class sessions are going to be dedicated workshop days where they will spend almost the entire class period working on a research problem in a guided environment.

One of the most exciting things about this class is the student diversity. The class has fifteen students, which includes a mix of JD students, LLM students, and students from our LLM in International Human Rights program. Some students have taken several international law courses, other students have already spent a semester working on projects for the Center for International Human Rights, whereas still others are completely new to international law concepts. I am encouraging the students to work together on in-class exercises so that some of the students who are more familiar with international law can help others who might not have taken an international law course before. Because the LLM students are familiar with legal systems in other countries, I am really looking forward to our class sessions on foreign law because I know the students will learn a lot from each other.

Throughout the semester, students will be required to submit four assignments accompanied by research logs so I can provide them with continuous feedback. Because I anticipated that that they would have diverse interests in areas of law (which was confirmed by the responses to the intro survey I had them fill out during the first week of class), I have incorporated an element of choice into the course by allowing them to select their own final project topic.

I realize that my first semester teaching this class will be the most challenging semester because over the next three months I’ll be getting a feel for what works well—and what doesn’t. After each class session, I have been carefully documenting and keeping track of how I felt the class session went so I can remember to adjust things as needed in future semesters. I am looking forward to reviewing all of these self-assessment notes alongside feedback from the course evaluations at the end of the semester. I also always welcome stories, suggestions, and teaching tips from other librarians—both from those who are newer to teaching like me, as well as from those who are experienced pros!

 

Teaching FCIL Research Series: A New FCIL Librarian’s Very First FCIL Research Course

By Meredith Capps

Following in the footsteps of past newbie FCIL librarians, I write to share my experience teaching my first for-credit FCIL research course.  At my institution, Transnational Legal Research is a one-credit, pass/fail class, offered once in an academic year in either the fall or spring.  Though it made for a busy fall semester, it seemed worthwhile to offer the course then, so as to benefit the 2L students on our transnational legal research journal at their point of need as they tackle initial cite-checking assignments and select note topics.

teachingfirstcourse.jpeg

Topic selection:

The FCIL course materials page, teaching materials from prior iterations of the course, and two texts: International and Foreign Legal Research: A Coursebook and International Legal Research in a Global Community, proved invaluable resources as I planned my course.  I identified treaties, international courts/tribunals, the UN, the EU, and foreign law as major topics covered in most FCIL research courses, and determined that I could cover custom, NGOs, and IGOs more generally in the conjunction with these.  Since many of our graduates initially accept positions at large law firms, I also felt that it would be worthwhile to spend a week on private international law and international commercial arbitration.

Reading:

Based on feedback from other FCIL librarians, I chose not to assign a textbook, and instead assigned chapters from International Legal Research In a Nutshell, which students could access online via their West Academic subscription, and a handful of articles and chapters from treatises and study aids in West.  I assumed that most students would not do the reading—a highly accurate assumption—requiring me to cover the most critical points in lecture; I posted lecture slides in the course page immediately after each class.

Assignments:

I designed in-class exercises to introduce key resources and skills, with more advanced or open-ended questions included in weekly, graded post-class assignments.  Here prior course materials again proved valuable, as for about half of my questions, I modified a research question used by a colleague.  Post-class assignments consisted of two research questions along with a reflection question, in keeping with the ABA’s focus on self-assessment for skills-based courses.

As a final project, I asked students to devise a fairly simply, practice-oriented hypothetical of their choosing involving transnational elements, and draft a research report detailing their process, along with a reference list of at least twelve sources, all of which should be evaluated within their research report.  Students described their projects in brief, five-minute presentations during our last class.

So, what did I learn?

  • My in-class assignments were always too lengthy and complex. Reduce and simplify!
  • My students seemed more engaged in class when divided into small groups to work on assignments. (I gave up, however, on asking students to demonstrate their work at the podium by class 4.)
  • I was a tad anxious that in assigning weekly, substantive assignments, I’d have too little time for grading during a busy time of year. Grading these assignments was a far lesser burden than I feared, and proved a valuable component of the course for several reasons:
    • they provided students an opportunity to practice skills discussed in class without time constraints,
    • they provided me a benchmark for student progress and comprehension, and
    • they provided me timely examples to review at the start of the next class and discuss common difficulties.
  • Allowing students to select their final project topics ensured that they researched a subject that was of interest to them, and often of use in other course or journal projects. I was pleasantly surprised by the variety of topics selected, though several were initially far too broad.
  • My greatest disappointment in the final projects was sloppy writing, which I perhaps should have anticipated in a pass/fail course! Alas, I will be adding spelling and grammar to my already detailed grading rubric.
  • In most instances, materials from colleagues provided me great ideas, but that I could not shortcut the effort of creating lectures and assignments that were current and suited to my own teaching style.

Overall, I was very pleased with the course, and took extensive notes on each assignment regarding students’ unexpected findings, difficulties, and ambiguities.  I also left this year’s IALL course with a host of ideas for future assignments!

Teaching FCIL Research Series: An Interview With Myself

By John Scherrer

Author’s note: The format of this post was inspired by Saul Bellow’s “An Interview with Myself.”  Or Henry Hart’s The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic.  Or the author is just too plain lazy to pen prose.  You decide.

Q: Let’s start: you’re an FCIL librarian?

A: Not at all—I just dabble.  For one, our school doesn’t offer an FCIL course.  My reference office neighbor says I know how to find old, weird English things, so she’s dubbed me the unofficial FCIL dude.  In that role, I’ve done a few one-off presentations.
sherlockQ: What was your last gig?

A: Comparative Criminal Law.  The instructor is a serious Sherlockian, as in being an authority on Doyle.  His class reads Holmes stories and they analyze how the stories’ crimes would be treated by U.K. and U.S law in Victorian and modern times.
Q: So how did you prepare for the class?

A: Watching lots of Benedict Cumberbatch.  That’s my jam, as the kids say.
Q: No Tony Stark?

A: He’s Derek Lutz and also that obnoxious dude in Weird Science.  Not Sherlock.
Q: You’re totally betraying your age.

A: Don’t my students know this.
Q: And after a copious amount of PBS Masterpiece…

A: Chapter 22 in Fundamentals of Legal Research is excellent—that gives a great overview of UK resources.  I also looked at the Foreign Law Guide and GlobaLex.  And Alison Shea submitted a UK lesson to the AALL-FCIL syllabi bank.  By the way, I’ll be embarrassed if I missed any other UK centric materials on the FCIL-SIS site.
Q: What about pedagogy?

A: My previous presentations on foreign law resources have seemed like mere smorgasbord offerings to the students.  In, say, Comparative Constitutional Law, the students’ paper topics were all over the place, so there was a lot of ground to cover.  It wasn’t a very interactive class.  So I thought this was a great opportunity to use Nearpod and insert multiple choice quiz questions throughout the PowerPoint.
Q: How did that go?

A: Still a work in progress.  But I was thrilled that no student chose Lloyd Dobler’s Commentaries on the Laws of England as the answer to the last question.
Q: Huh?

A: OK, I grow old, I grow old, I shall wear my trousers rolled.  Or should my peeps refer to an ill-fitting cardigan?  I will say, though, that when I suggested Flavor Flav as a mnemonic device to remember Wayne LaFave of Search and Seizure fame, just about everyone got it.  Everything old is new again.
Q: So what was the biggest challenge for this class?  Besides your propensity for self-indulgence…

A: Our library doesn’t have a particularly strong UK collection.  If the students wanted, say, The Digest or a current edition of Halsbury’s, they would have to take the Metro to Georgetown.  But for the historic UK material, I actually love that a student couldn’t rely upon a Westlaw keyword search and instead should start by looking at the index in the first edition of Halsbury’s.
Q: And you didn’t have to worry about translations.

A: Indeed.  Thankfully no student has come to me with a Law French document.  The closest thing I’ve come to a translation is telling students how to read the regnal years.  That was mostly solved with a handout.
Q: You also met for required individual research consultations shortly after the class?

A: Right.  One takeaway from those meetings was that despite adding a “major key alert” to the secondary sources slide (and a shout out to DJ Nick Harrell for the major key alert idea), I needed to emphasize secondary sources more in class.  Simply too many students were starting with Google.  After the meetings, I sent follow-up emails to the students that included links to Halsbury’s and Russell on Crime.  In retrospect, I should have given the students a tour of HathiTrust during my initial presentation and pointed out the finding aids available for Halsbury’s and Russell.  After all, the Halsbury’s index is itself two volumes and around 2000 pages.  It’s intuitive for me to start there, but not for them.
Q: Backing up a second, is Google really all that bad?

A: Well, no.  Using Google I found that the Wikipedia entry for Statutes at Large includes a very useful index for Pickering’s Statutes with hyperlinks.  But I don’t want the students to start and end their research with Google.  The ones who do might suffer the fate of Sisyphus?  Almost make it to the top of the hill but don’t quite summit.  Then starting anew, they try a fresh keyword search and yet still never reach the top.
Q: Last question: any advice to librarians tackling UK law?

A: Don’t assume the students will be able to find a case even when they know the citation—especially with the old stuff.  Thank goodness for the Cardiff Index to Legal Abbreviations!

AALL 2018 Recap: Diverse Interactions: Addressing Race and Implicit Bias in Legal Research Instruction

By Kate Britt

Diverse Interactions 2.JPG

The panel for “Diverse Interactions: Addressing Race and Implicit Bias in Legal Research Instruction,” featuring moderator Raquel Gabriel and panelists Shamika Dalton, Michelle Rigual, and Clanitra Stewart Nejdl.

Speaking to a large crowd of curious and captivated attendees, moderator Raquel Gabriel began the program “Diverse Interactions: Addressing Race and Implicit Bias in Legal Research Instruction,” sponsored by RIPS-SIS.

University of Florida’s Shamika Dalton asked “Why now? Why us?” addressing the natural tendency to avoid uncomfortable topics. Regarding “why now?” she listed the social issues that had been the topic of discussion among attendees all weekend–African-Americans killed by police, LGBTQ+ persons refused service, under-compensation of women and people of color, detention of immigrant children, refugees turned away. Answering the question “why us?” she made a strong case for awareness of race and implicit bias as basic tenets of competency for attorneys. She pointed to the ABA’s professional conduct rules of competence, diligence, and ethical advising, as well as learning outcomes the ABA prescribes for law schools. Dalton recommended overcoming student resistance to the topic by directing them to the ABA’s Diversity and Inclusion 360 Commission site. She called on attendees to evaluate what steps their committees and organizations are taking to make sure they are inclusive and diverse, asserting that “in order to have diversity and inclusion, it must be in every fiber of the organization.”

Next, Michelle Rigual of the University of New Mexico spoke about addressing the external and internal fears that can dissuade an instructor from broaching topics of race and implicit bias. Beginning with those we can control–internal fears–Rigual noted that in her experience, white people are reluctant to discuss race in “polite conversation,” and law librarians may feel under qualified to teach on race. Legal research instructors “don’t need to be an indoctrinator, [they] need to be a facilitator,” she counseled. Teachers can push students to think about issues, not what to think. Perhaps the class will veer off course, but instructors can use basic classroom skills to regain control and redirect back to the topic.

External fears may relate to how others receive or react to the topics of race and bias, with potential challenges from students, colleagues, administrators, or institutions; some instructors may even feel their employment is on the line. Rigual encouraged teachers to start slowly, create relationships with students, assess the comfort level of the class, discuss possibilities with colleagues, and seek support from administrators. Rigual exhorted directors to push librarians to develop classroom skills in this area. Teachers may never be completely comfortable when addressing these topics, but that should not be a barrier to discussion.

Giving practical guidelines for how to incorporate race and implicit bias in the classroom, Clanitra Stewart Nejdl of Northern Illinois University first encouraged instructors to evaluate the names used in hypotheticals. By including names that may raise a legal issue involving race, teachers add depth to students’ analysis and research. Teachers must also address generating search terms using outdated or disfavored terminology in order to yield comprehensive results, noting that terms for race, disability, sexual orientation, and gender identity fluctuate over time. Nejdl recommended using current events to create hypotheticals, since students’ future clients will likely face similar issues, and provided a list of possible topics and resources from which to gather hypo ideas.

Diverse Interactions 1.JPG

Groups discuss how they would approach a hypo with potential race and implicit bias issues during the program.

Encouraging attendees to face their fears of discussing race, Gabriel presented a hypo with potential race issues, and the room broke into groups to discuss how they would approach the hypo in the classroom. After a few minutes, volunteers related some issues their groups considered. Additional points brought up in this exercise included examining a single fact pattern in multiple combinations of race, gender, and other identifying factors; training students to think about multiple legal issues at a time; using a client as a legal research resource; and delving into scientific literature to determine whether race is a factor in medical or social issues.

Watch the complete recording here: https://www.aallnet.org/recording/aall2018-diverseinteractions/

AALL 2018 Recap: Lightning Lessons: Research Instruction in a Flash

By Taryn Marks

Presenters: AJ Blechner & Heather Joy

This was the best presentation that I attended at AALL. It was informative, adhered to the description given in the program, kept my attention, and easily blended expert advice and practical experience, so that I both learned about something someone else had done and got solid, replicable advice on how to implement that something at my own institution. It also was by far one of the most-attended sessions I’ve ever seen at AALL (the speakers had 100 copies of their handouts and quickly ran out).

H3_speakers2

Heather Joy and AJ Blechner discussing how to implement your own lightning lessons.

First, the speakers described what they mean by lightning lesson (a short, less than 5 minute instructional session)—and then they provided an actual demonstration of how they have conducted a lightning lesson at their own institutions. Second, they handed out an overview and outline of how to create a lightning lesson at your own institution, providing easily scalable and replicable information that can be translated across different institutions. This was not the typical, “here’s how I did it at my institution, you can do the same thing;” they took a mile-high view of the process as they implemented it at their respective institutions, removed the esoteric descriptions of their own institutions’ quirks, and translated them into planning and organizing tips for any institution. Then, they allowed time for workshopping, so that each person could start to plan their own lightning lessons based on the material given to them at the session. Lastly, they gave the audience tips that they learned about creating and implementing lightning lessons (the two most important: get colorful baked goods, and own how cool and important the lesson you’re giving is, regardless of what it is).

H3_lighting lesson demo

AJ Blechner and Heather Joy demo how to do a lightning lesson at AALL 2018.

The session was recorded, and I encourage anyone interested in or thinking about the idea of lightning lessons to watch it. You only need to see the first 15 minutes or so to get the speakers’ demonstration of a lightning lesson and their suggested process for creating and implementing the lightning lessons, and the last 10 minutes or so to get their quick tips and answers to questions. If you are interested in creating your own lightning lessons, they posted their material to Google Drive, so that you can download them and use them to organize and plan your own lightning lessons.