Introducing…Jim Hart as the December 2016 FCIL Librarian of the Month

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1. Where did you grow up?

Peoria, Illinois

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

I selected librarianship after deciding not to continue pursuing a PhD in classics.  Latin and Greek were OK, but adding French and German to them as research tools was too much.

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

I was already a law librarian and had worked for one faculty member whose expertise was English legal history and helped Human Rights Quarterly cite checkers.  So I knew that this was a whole area of law and legal research to me.  Since classical scholarship and Roman law were related to Europe culture, I started reading in the field and liked it.

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

The University of Cincinnati.  I have worked at the University since 1982 and the law library since 1989.

5. Do you speak any foreign languages?

I don’t speak Latin (I have a friend who can), but I can still read it.

6. What is your most significant professional achievement?

Probably my article on the Council of Europe and the European Court of Human Rights.

7. What is your biggest food weakness?

Without a doubt, vanilla ice cream!

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

Take your pick.  Any of the Beach Boys, the early Beatles, Benny Goodman’s “Sing, Sing, Sing,” and a few others.

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

To be able to draw, to be able work with wood, to speak Russian, to understand economics, and to write gracefully.

10. Aside from the basic necessities, what is one thing you do not go a day without? Meditation and coffee

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

Not unless we could have a two way conversation.

Introducing…Alyson Drake as the November 2016 FCIL Librarian of the Month

1. Where did you grow up?alysondrake1

Elmira, NY, a small city in upstate New York.  Looking back, I always wanted to escape, but now that I live so far away from home, I long to get back there to see my family, especially in the fall, when the hills are all lit up in oranges and reds.

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

I began working in libraries through work study as a freshman in college and never left—I just always felt comfortable surrounded by books.  After going to gets my M.L.I.S., I decided to go to law school, because I wanted to specialize in a subject that I would find interesting.  As a philosophy and history major in college, law seemed like a good fit.

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

I’ve always been interested in other cultures.  As a history major, I focused on the classical world and have always been its fascinated by its norms.  Studying abroad in Greece only increased my interest in other countries and so once I was in law school, my interests leaned strongly toward international law.  I was lucky enough to serve as a research assistant to one of my international law professors at William & Mary.  She focused on international criminal law and I became hooked.  Because of my background in international research from law school, international legal research questions started coming my way almost as soon as I began working as a reference librarian.

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

I worked at Texas Tech University School of Law.  I started here in January of 2016, so I’m still relatively new here.

5. Do you speak any foreign languages?

Speak?  No.  I read Ancient Greek and Latin, and can pick my way through some Italian and Spanish, thanks to the Latin background.  I took a little French and some Modern Greek in college, but they’ve fallen to the wayside due to lack of use.

6. What is your most significant professional achievement?

Probably the recent scholarship I’ve been working on.  My first (post-law school) scholarly publication is coming out in the next issue of Law Library Journal.  I also just completed an update for a Globalex article and had a second article accepted by a law review.  That being said, I think the best is yet to come—and I’m particularly excited to be the Vice Chair/Chair-Elect of RIPS-SIS this year, especially as we are starting work on an exciting initiative with other SISes (including FCIL-SIS) to bring instruction to law librarians on how to be better teachers!

7. What is your biggest food weakness?

Cheese.  Which is especially problematic as someone who is lactose intolerant.

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

Anything by Tom Petty.  It used to accompany all my trips back and forth to college.

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

I would like to be able to teleport anywhere in the world.  More realistically, I’d like to have better foreign language skills.

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

Puppy snuggles.

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

As the co-chair of the FCIL-SIS Publicity Committee, I love getting to hear about all the exciting initiatives that FCIL-SIS members are working on.  We’re always looking for new content for the blog, especially in the areas of technical services, collection development, and instruction.  Instruction is a particular passion of mine, and I’m hoping to start a monthly column sharing teaching ideas from FCIL members, so if you have any ideas, please contact me.

Introducing…Xiaomeng “Alex” Zhang as the October 2016 FCIL Librarian of the Month

alex-zhang1. Where did you grow up?

I grew up in Shenyang, a city in northeast of China. It was the capital of Manchuria Qing dynasty, the last dynasty of China and it was also occupied by Japanese for quite a few years during the World War II. As a result, Shenyang, today, has a diversity of history, culture and architectural styles.

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

As a philosophy and law major, I always enjoy critical thinking, researching, and writing. My advanced legal research class experience at the University of Kansas Law School and my later internship at the Law Library of Congress exposed me to the law librarianship field and made me realize that law librarianship is a perfect field that would not only allow me to continue to develop my critical thinking, legal research and writing skills, but also give me the opportunity to share my knowledge and expertise with others through teaching, research, and reference work.

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

I was extremely lucky to get to know many great mentors at the very early stage of my career: Jenny Selby (former Head of Reference and International Law Librarian at Michigan Law Library) introduced me to the profession. Barbara Garavaglia (current Director and former Assistant Director of Michigan Law Library) trained me and is still training me to become a better FCIL Librarian day by day. I started to learn about FCIL selection from Barbara and Jenny while I was still a student at the School of Information of the University of Michigan and I fell in love with and became attached to the area immediately.

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

University of Michigan Law Library. A bit over 7 years.

5. Do you speak any foreign languages? 

I work with materials in many different languages on a daily basis, but I do not speak any besides English and Chinese (which is actually my native tongue).

6. What is your most significant professional achievement?

I would say the best is yet to come 🙂 But I feel VERY honored to become the vice chair and chair elect of FCIL-SIS this year and look forward to working with all of you to accomplish something significant!

7. What is your biggest food weakness? 

Thai food.

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

I am a big fan of K-pop (Korean Pop Music), so I would say Super Junior’s Sorry, Sorry.

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

I would like to improve my empirical research skills a bit if time allows. I would also like to learn Spanish.

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

My new watch 🙂

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

I enjoy reading, writing, and traveling.

Introducing…Julienne Grant as the September 2016 FCIL Librarian of the Month

1. Where did you grow up?

I grew up in Lake Bluff, Illinois; it’s a small town about halfway between Chicago and Milwaukee.  Lake Bluff is not a very happening place, but it was a joy to spend my youth there.  Exploring the ravines, riding Lake Michigan’s waves, powering a 3-speed Schwinn, and slurping blue Mr. Freeze bars (it’s an acquired taste) was my idea of fun. Imagine, kids having fun without cell phones and tablets!

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

I wouldn’t say I “selected” it; it sort of just happened.  My goals of becoming an accountant (high school), an economist (college), and a Latin American Studies bibliographer (grad school/library school), didn’t pan out. I subsequently decided to go to law school, realized I didn’t want to practice, and thus law librarianship was my best option.

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

I was originally hired as a general reference librarian at Loyola, but FCIL questions immediately started coming my way, and I hit the ground running. I had not studied FCIL in law school, so I learned on the job. I found the FCIL work to be a good fit, as I have a background in foreign languages and an M.A. in Ibero-American Studies.  “Foreign and International Research Specialist” was added to my job title in 2007.

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

I have worked at the Loyola University Chicago School of Law Library for almost 12 years.

5. Do you speak any foreign languages?

I was a Spanish major at Middlebury College, and studied in Spain and Mexico.  I don’t speak as well as I used to, but I can get by.  My real love, however, is Italian. I’ve studied intermittently since college and received my B1 CILS (Certificazione di Italiano come Lingua Straniera) in 2011.  I studied at the B2 level in Rome in 2013.  I also studied French at the Alliance Française de Chicago for a few years, but I didn’t have an affinity for it.

6. What is your most significant professional achievement?

I just finished writing a book chapter with Teresa Miguel-Stearns (Yale Law School).  On par with that, I was awarded a bursary to attend IALL 2016 in Oxford, England (a terrific experience!).

7. What is your biggest food weakness?

Dark chocolate.

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

This will probably age me, but the B-52s’ “Love Shack.”

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

I would love to be able to speak Portuguese.

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

I try to exercise every day.  I really enjoy swimming, but I also walk and use weight machines.

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

Colleagues often ask me where my love of travel (sometimes I feel like the roaming Travelocity gnome) and interest in Latin America originated. My family is responsible.  My maternal grandparents traveled to over 100 countries—my grandfather sometimes in the pilot’s seat. Both of my parents lived abroad at some point during their childhoods (my father in South Korea, and my mother in Guatemala).   My parents and I traveled a lot to Mexico when I was growing up, and we also took a trip to Guatemala when I was in high school.

Also, my first gig out of library school was organizing a private library in a restored Moorish castle in Mallorca, Spain. Ask me about it sometime;  I’m always happy to reminisce.

Introducing…Janet Kearney as the August FCIL Librarian of the Month (and Winner of the Newest FCIL Librarian Award)

  1. Where did you grow up?

Although I was born in Texas, I’ve lived in the New Orleans area since I could talk. Even though I’ve traveled around a bit, I feel very lucky that I’ve been able to settle in New Orleans for the long term.

  1. Why did you select law librarianship as a career?
In Paris

In Paris, while studying abroad with Tulane Law School

I like to think that law librarianship selected me. In my last year of law school, I was an extern for the U.S. Court of Appeals for the Fifth Circuit Library. I chose this placement, honestly, because it sounded like a nice break in my schedule, but I discovered that I actually enjoyed it. I never liked the idea of working for a firm (policy nut here!), and I found this career that focused on my favorite part of work: research.

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

I’ve always enjoyed traveling, so I think an interest in FCIL issues is a natural extension of that. My undergraduate degree is in International Studies, and I studied abroad in undergrad and law school. I spent a summer as an intern for the U.S. Consulate in Belfast, UK and was able to do some fascinating legal/policy research on issues specific to Northern Ireland.

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

I am at Loyola University New Orleans Law Library as the Cataloging & Reference Librarian. It’s a small ship with an “all hands on deck” attitude – because of my background and interests, I’m lucky enough to serve as a de-facto FCIL librarian. I’ve been here since September 2015, originally as a reference staffer and now as an Assistant Professor.

  1. Do you speak any foreign languages?

    with RBG

    Meeting Ruth Bader Ginsburg in Paris

I have only elementary proficiency in French – enough to order food and get around on trips. My reading skills are a bit stronger, but I have a copy of the first Harry Potter in French that I use to stretch those muscles.

  1. What is your most significant professional achievement?

Finishing law school and passing the Louisiana bar exam. So much hard work and pain (and money) goes into both accomplishments. Working in a law school and talking to students prepping for the same bar, I consistently tell them it’s a horrible thing, but when you pass, the sense of accomplishment is off the charts.

  1. What is your biggest food weakness?

Ice cream or dessert in general. I believe there is an extra stomach just for dessert.

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

It’s so cheesy I’m almost afraid to admit it, but the song Nobody’s Perfect from Hannah Montana. I used to listen to it over and over to pump myself up for exams in law school.

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

Number 1 – stronger language skills. Way down the list is the ability to read my cat’s mind.

  1. Aside from the basic necessities, what is one thing you cannot go a day without?

Coffee! Or is it considered a basic necessity? I think this comes up frequently in these surveys!

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Ruth Bader, Janet’s cat, with the Bluebook

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

I have two cats, Ruth Bader and Drew Brees – named after the Justice and the Saints football player, respectively. At AALL in Chicago, I noticed that a lot of librarians also have cats, so perhaps people will find that interesting or at least cute.

 

#IALL2016 Recap: Precedent and Authority: the Continental Dimension

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By: Jim Hart

Professor Ibbetson began with the point that precedent has not always been a part of English law and has been more a part of Continental law than we think.  He explained that historically, in general, common law precedent focused on law as it was applied in court whereas civil law precedent focused on the principles and rules in the codes.

He began with England because here we’re on fairly familiar and firm ground. Before the nineteenth century there was no strict rule of bindingness and no structure by which courts were only bound by courts above them.  This is not surprising because it was only in the nineteenth century that we began to get enough regular, reliable reports and a clear hierarchy of courts to think of precedents binding on lower courts.

It was only in the seventeenth century that changes in the direction of the modern ways of thinking began to occur.   And it wouldn’t surprise anybody, especially after hearing Professor Baker’s lecture, that a central figure in this process was Sir Edmund Coke.  We need to address three closely related, but separate phenomena.  The first was the practice of following previous cases.  Although this was not new and it probably goes back as far as we think there was a common law system, it became more intense with high quality reports.  It’s probably hard for us to think of the common law without this since we expect judges to act consistently and English law had nothing like the books and rules of Roman law.

The second phenomenon was the development of the idea of authority. Professor Ibbetson paused a minute here before saying something more about it.  Naturally King had authority, sheriff had authority in his county, the bailiff in his bailiwick and so on.  From the late 15th century we begin to see that some texts were considered to have authority, which must mean that they contained rules that had to be followed, just as the instructions of King, sheriff or bailiff.  As the sixteenth century progressed we find it more normal to say that these texts were authority and being authority was something different from having authority. The only books that were authority, of course, were law books.  And increasingly there was a strong focus on decided cases that had been authorities.  I suspect that the development of the idea of authority at that time was related to the differences between Plowden and Dyer’s methods and those of the Year Books although Professor Ibettson did not say so.

And thirdly there was precedent.  Many lawyers had been familiar with precedent having prepared formal documents such as precedents of pleading.  In the early seventeenth century we find special status being given to judicial precedent, that is decided cases and, in particular, decided cases where the reasons had been recorded.  Just as we would say today that judicial rulings and decided cases as precedents were authorities.

This judicial authority developed from the theory of argument by dialectic, which would have been familiar to anyone from a medieval university.  At this time nearly any text could be authoritative.  But there were two categories of authority: necessary and probable.  The best example of a necessary authority was the Bible which was true by definition and any conclusion drawn from it was equally true as long as the argument was validly drawn from premise to conclusion.  Probable authorities were things that were not true in themselves, but might be true.  It was not what learned men said that constituted probable authority, but things like moralizing fables, popular sayings, and customary ways of doing things.  This is the world of the medieval university on the continent and in England.  In the early 16th century, perhaps first in Holland, a specifically legal dialectic began to appear about how to frame a forensic argument.  The argument from authority is the strongest in law (argumentum ab auctoritate est fortissimum in lege), wrote one commentator.  The authorities that formed the basis of the argument might be necessary or probable.  In the medieval university, the theory of authority was based on a tradition that went back to Cicero.  But dialectic and rhetoric were not miles apart.

There was another classical tradition.  This one was traced not back to Cicero, but to Quintillian. And here we find the Latin term, “praejudicia,” which we can translate as precedents.  We’re not sure what Quintillian meant by this term, but it might have meant things that had been adjudged before, the literal translation of praeiudicia.  In the early sixteenth century it was said that auctoritas and praeiudicia were interchangeable terms. We don’t know which of these ideas of legal dialectic were used in England, but we do know that some were.  Moreover as more common lawyers spent time at university, they would have come across Cicero and Quintillian and would be utterly familiar with the basics of dialectic and rhetoric.  We are sure that Coke was familiar with these precise terms when he was at university.  Coke used these two sources explicitly in his writing. Indeed he peppered his writings with quotations and near quotations on authority and precedent.  Coke was quite clear that these judicial precedents were only probable authority.  Although judicial precedent was only probable, it was authoritative in court.  All other things being equal, they should be followed.  But other things were not always equal. So from about 1700, England had a doctrine of precedent that was rooted in dialectical theory.  Notice that this process began about a hundred years before the period covered by Professor Baker and stretched to about fifty years later.

How different were things on the continent?  At first glance they weren’t very different in theory, but they differed in operation.  The writers on legal dialectic in Holland, Germany or elsewhere in Europe were thinking in terms of their own systems, not at all in terms of the unruly English common law.  So the argument from authority would have been utterly familiar.  To continental lawyers some authorities were necessary, in particular the writings of the Roman jurists.  It was laid down in Justinian’s code that they had the force of legislation.  The medieval jurists were not regarded as necessary authorities, but as probable ones and the same applied to all the modern writers.  The best way to influence a judge was to follow a long line of legal opinion.  But the dominant line of legal opinion might be held to be wrong, especially by an appellate court.  Previous cases were a problem.  Another Roman law text seemed to exclude their significance saying that judgments should be made on the basis of a lex rather than an exemplum.  But previous decisions could be distinguished.  What really mattered with previous decisions was that they came from a particular court that was known for its learning or issued its decisions under the name of the monarch or ruler.  It is tempting to conclude that the mass of citations from Roman law was little more than froth.  What really mattered was the jurisprudence of this court.  But we should resist that temptation.  We should say that the previous case showed the issue behind the mass of citation.  These were all probable authorities according to the writers on dialectic.  And the previous case merely showed what the correct path through all these authorities was.  Courts might look at previous decisions, but their decisions were made according to the true law.  Earlier decisions might help them to understand what law lay behind a complex plethora of authorities cited in a present case.  In England we can say that it was the printing of large numbers of reports that was really central in allowing the increase in the use of precedent in the early seventeenth century.

So do we get case reports in early modern Europe?  We certainly do and lots and lots and lots of them.  In Italy by 1600 there were thirty-two separate volumes of reports printed in very large folio volumes.  There was a real difference between these volumes and those in England.   The English reports included the arguments given in court sometimes together with the decision that had been reached, which allowed the successful arguments to be identified so that later readers could identify the reason for the decision and understand what the case was an authority for.  The continental model was different.  The reason for the decision was constructed by the person producing the volume.  In so far as they could be said to be authority, it was probable authority like all the other forms of legal writing that were being produced.

Although it’s anachronistic to make the comparison, the continental reports had the same authority as the textbooks used to elucidate the law whereas the English reports had far greater authority.  The legal systems of Europe of this time were similar and they were held together by the common Roman law.  Professor Ibbetson said that he didn’t think that it was an exaggeration to say that there was so vast an amount of legal literature on the continent in the sixteenth century that one could probably prove an argument and its opposite from it.  There was a crying need for something like the English doctrine of precedent to cut through all this mass.  A couple of Spaniards even suggested that all foreign law books should be burned.  And we do find something similar to the English doctrine, but, in one crucial respect, not identical to it.  We can begin tracing this in Naples in the 1490s; one of their statutes said that decisions of the Sacrum Concilium, the highest court, were given in the name of the prince.  Thus it was said that it was if the Sacrum Consilium’s judgements had been given by the prince himself, i.e. that they had legislative force.  This appeared in one of the most important collections of decisions.  But it did not apply to the most important court of the Roman Catholic Church, the Roman Rota, a court whose reasoning was worthy of enormous respect.  But its decisions were not given in the name of the pope so they didn’t count as legislation.  However, as the sixteenth century progressed all across Europe, decisions of courts were said to have the force of legislation.

One of the best discussions of this issue comes from early seventeenth century Portugal.  The core rule there was something like that of Naples: decisions of the Senate given in the presence of the King were treated as having legislative force since the king was presumed to have approved them.  But the king was not always present.  So further arguments were needed to bolster up the authority of court decisions.

One very important rule, backed up by a Roman law text, said that a rule of custom might displace a rule of Roman law itself since all law ultimately came from the people.  How could you identify such customs?  Decisions of the local court would suffice to do so provided of course that they had come from a court whose decisions were worthy of respect, effectively from a superior court.  Decisions of the Senate were always more or less acceptable.

European legal systems based on Roman law contained a great deal of probable authority, from many thousands of volumes, some of which were very thick.  But when we see citations to previous cases, they are overwhelmingly drowned out by the noise of commentators.  England had hardly any textbooks, but by the seventeenth century judicial precedents contained almost exclusively probable authority in what was a very small number of reports.  The continental doctrine of precedent, on the other hand, had come about differently.  For there the relevant case law in the judgment was necessary authority, which meant that it created absolutely firm binding rules.  The great advantage in the seventeenth century and today in the English doctrine was that it created a great deal of provisional bindingness.  But it was only the decisions of the House of Lords that produced any binding rules and they were relatively few in number.  On the continent Supreme Court decisions have stronger authority, but they lack the flexibility of the English doctrine.  Their very rigidity prevented them from developing into something like the English doctrine.  The continental doctrine lacked the ability to work over a very long time.

Professor Ibbetson followed with a gracious thank you and we with thundering applause.

 

#IALL2016 Recap: Law Reporting in England 1550-1650

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By: Jim Hart

After Professor Reynolds presentation, Diversities among Common Law Nations, Emeritus Professor Sir John Baker and Professor David Ibbetson spoke on the historical development of modern precedent and case reporting.  Although the two differ superficially, they are in fact deeply intertwined.  It may be said that they both spring from the same origin: changes in the theory of authority in the sixteenth and seventeenth centuries.

Professor Baker began with the origins of case reporting in England, as we know it, between 1550 and 1650.  The story begins at the end of the series of Year Books in 1535.  When Edmund Plowden entered the Middle Temple in 1538, he began compiling reports of cases and continued this practice throughout his career.  These reports were published as Plowden’s Commentaries in 1571. They were the first of the nominate reporters and differed in important respects from the Year Books.

Although the Year Books had been anonymous, Plowden published his Commentaries under his own name.  He had found out that someone had quickly and carelessly copied his notes and intended to publish them.  He was forced to publish them under his name to secure the credit for his assiduous work.  Indeed Plowden felt it necessary to apologize for putting out his reports in his own name.

A more substantive departure from the Year Books is his decision to include only considered decisions (decisions of particular importance that set precedent) in his reports.  Although he copied the Latin so that readers could see the pleadings, he translated them into law French because of the wide-spread doubt that the common law could be expressed satisfactorily in English.

But his greatest departure was recording cases after judgment because this is what the profession wanted.  The Year Books had recorded cases before trial, which is why they had not included many things that we now take for granted.   This is why the Year Books seem so inconclusive.  To the compilers of the Year Books, the judgment was considered legally uninteresting in comparison with the material that preceded it such as the pleadings, the issue, the arguments, etc.  At this time the judicial system was not designed primarily to elicit decisions, but to frame the points that were to be referred to a jury.  Judges’ rulings concerned procedure and were spoken in court so they were not available for copying.  By Plowden’s time things had changed.  The profession wanted to know how and why a case ended as it did.  It seems to me that this is the most important point made in Professor Baker’s talk.  For it was the development of the idea of precedent both on the Continent and in England at this time, as Professor Ibbetson was to explain next, that led to the changes in the legal system that the  profession’s need for a new kind of reporter.

Finally there were two other new, important practice adopted by Powden. Unlike the Year Books, Plowden also consulted those who were involved in the case to ensure accuracy and he included the judgment, which the Year Books could not have done because they reported cases before judgment.  The judgments were set in a different type so they wouldn’t be confused with the reports.

Plowden set a high standard and there was never to be another volume quite like it.  Most of what Plowden included is to be found in today’s reports. Indeed Plowden’s departures from the Year Books were the origin of our view of what a good report should include.  What we now call the judgment includes the judge’s informal statement of the case, the facts of the case, the legal question, the arguments presented in court, references to the authorities, and the reasons for the conclusion.

The second most important point that Professor Baker made, in my opinion, was that there was a continuous line of reporting that began with Plowden and continued through Dyer and Coke.  This line formed the tradition that the future nominate reports continued.

The work of the next reporter, Dyer, was published posthumously.  Sir James Dyer began gathering his reports in the 1530s, before Plowden had begun.  He left his manuscripts to his two nephews who were law students.  The published edition was taken straight from Dyer’s notebooks.  Although it included over a thousand entries, it left a lot out, e.g, cases that might embarrass a living person, cases that Plowden had already covered, and matters too sensitive to make public for reasons of state.  Within twenty-five years of their publication, the notebooks were in the possession of Sir Edmund Coke who cited them often.

It was common for judges to keep jottings in notebooks at this time as aids to memory.  The exception to this was Edmund Coke whose work was published in eight volumes.  He began taking notes in the 1570s and began making them available to others in the next decade.  The earlier notebooks were essentially the story of Coke’s rise in the bar.  Coke embellished and amplified on many of the cases.   In 1616 he was charged with inaccurate reporting and assigned to correct them.  Francis Bacon volunteered to help with the task.  In the very next year Bacon was made Lord Chancellor and banned Coke from Westminster.  He did, however, put forward a proposal to hire three lawyers to report on the cases at Westminster at a salary of £100 a year.  Although there were never more than two reporters, Bacon had revived the old custom.  He appointed lawyers to do the reporting because they did a better job than judges.  Before the reports were published, the reporters checked with the judges.  Bacon’s scheme continued Coke’s reports up to 1619 when there was a hiatus in reporting until 1621.

This presentation outlines the origins of the nominate reporters and our own systems of law reporting.  But many of them are still in manuscript form.  As the summary of Professor Baker’s presentation states, “Law reporting was to remain a matter of private initiative until the end of the eighteenth century, and many of the best reports…have still not been published.  Anyone seeking to trace the evolution of a legal doctrine or practice before about 1700 must regard manuscript reports as an essential recourse.”