FCIL Program Ideas in 2020 IdeaScale, Week One

By Susan Gualtier

French Quarter, New Orleans

Dear FCIL Colleagues:

Happy Monday! I hope that you all had a great weekend and that those of you on the East Coast stayed safe during the heat wave!

Each Monday from now through August 16, DipLawMatic Dialogues will bring you an update on all of the FCIL-related program ideas currently posted in IdeaScale to encourage you to “up-vote” these programs. For more on why up-voting is important, see here.

We also encourage you to submit your own program ideas to IdeaScale.  You can do this anonymously if you like.  If you have questions, comments, concerns, or calls for help, please reach out to me (sgua@law.upenn.edu) and/or Dennis Sears (searsd@law.byu.edu).  As co-Chairs of the FCIL-SIS Education Committee, it is our job to encourage and support you in developing ideas and program proposals in anticipation of next year’s meeting.

In the meantime, please go check out and vote for these amazing program suggestions!

How Codes are Made: Creating Laws in Civil Jurisdictions

Is there a difference between a code and a set of statutes? How does the process of codification differ between common law and civilian jurisdictions? What roles do legislatures and law reform bodies play? This panel will help librarians to understand the role that codes play in civilian and mixed jurisdictions and how and whether it differs from that of the “codes” that most of us would recognize as codified statutes. The panel will explore how codes are constructed in a variety of jurisdictions.

Speakers will include law faculty and drafters from Louisiana, as well as from or familiar with similar jurisdictions, such as Quebec, Scotland, and South Africa.

BOK Content Area:  Research & Analysis

Is it Napoleonic? Foreign/Domestic Influences on LA Civil Code

Interpreting and researching modern civil law depends upon an understanding of the historical sources from which those laws evolved. People often say that Louisiana uses the Napoleonic Code, but is that true? Louisiana has been both a French and Spanish colony, and it has been a part of the American legal system for over 200 years; it has also been influenced by Roman Law, Greek Law, Canon Law, and the Germanic Civil Law tradition.

This panel will help librarians understand the legal system of Louisiana, how the Louisiana Civil Code is drafted, and how the Civil Code operates within Louisiana’s mixed, partially common law jurisdiction. It will explore the relationship between codes, statutes, and cases, and how primary and secondary authority are defined and developed within Louisiana’s unique legal system. The panel will also cover elements of Louisiana legal research, including Louisiana’s unique legal publishing industry, the importance of print resources in Louisiana legal research, and available historical treatises and primary sources. The program will be accompanied by a LibGuide to assist non-Louisiana law librarians in researching Louisiana legal issues.

Speakers may include Louisiana law librarians, Louisiana law faculty, and members of the Louisiana State Law Institute (LSLI).

BOK Content Area:  Research & Analysis

Researching, Publishing, and Collecting the Laws of Louisiana

Most law librarians are aware of Louisiana’s unique and “different” legal system. But what does that mean for legal research, legal publishing, and collection development in the Pelican State?

This program will cover aspects of Louisiana legal research and collection development, including Louisiana’s small and specialized legal publishing industry, the importance of print resources in Louisiana legal research, and available primary and secondary sources. The program will be accompanied by a LibGuide to assist non-Louisiana law librarians in researching Louisiana legal issues and choosing Louisiana legal resources.

Speakers may include Louisiana law librarians, legal scholars, and representatives of university presses and other publishers of Louisiana law.

BOK Content Area:  Research & Analysis

LA Civil Code & Other Influences on Civil Law in Latin America

The Louisiana civil code has directly and significantly influenced civil law in Latin America. It is generally believed that Spanish language translations of a mid-nineteenth century digest of world civil codes served as the first introduction of the civil law in Latin America. The Louisiana civil code was included in this digest (along with the codes of France, Sicily, Piedmont, the Netherlands, Bavaria, Austria, and Prussia), and the Spanish translation of the digest would therefore have served as the very first Spanish translation of the Louisiana civil code.

Around the same time, Spain was beginning to draft its first civil code post-unification, which would not be enacted until 1889. The commentaries provided during the drafting of the Spanish civil code, many of which referred to the code already in place in Louisiana, also heavily influenced the development of the civil law in Latin American countries.

Latin American lawmakers turned to the Louisiana civil code not only because of the Spanish language translations and commentaries, but also because it was the first civil code to be drafted in the New World and could therefore serve as a model for Latin American countries that had been fighting for their own independence and that sought to express that independence through their own civil codes. Similarities between the Louisiana and French codes during this period were also significant, as the French code, which captured the spirit of post-Revolutionary France, had also captured the imagination of Latin America. As scholarship on Latin American civil law points out, the first Latin American codes were nearly word for word translations of the French civil code and its corresponding Louisiana code provisions, with departures only where the Latin American codes made reference to much older Spanish laws.

This program will explore the historical influences on Latin American civil law, which are invaluable in helping us to understand and research the modern laws. Speakers will consist of law librarians and civil law scholars who have researched extensively the development of Latin American civil law.

BOK Content Area:  Research & Analysis

Recent Reforms in the French Law of Obligations

Adapted from a symposium recently held at the Louisiana Supreme Court, this panel will address recent reforms to the French Law of Obligations and what they mean both for France and for French-influenced jurisdictions like Louisiana. Speakers will discuss the need for reforms to adapt the law to modern economic and social environments and to make French law more attractive to international markets. Specific changes to the law, as well as how they are playing out in practice, will be discussed in detail depending upon the available speakers’ expertise. We will round out the panel with a brief discussion of how the reforms in France could eventually affect the law of Louisiana and of other French-influenced jurisdictions.

Speakers would include scholars of French law, Louisiana law, and potential additional jurisdictions’ law, depending on availability. This program could be condensed into a short form program and/or proposed as a half workshop or symposium.

BOK Content Area:  Research & Analysis

Through the Codes Darkly: Slave Law and Civil Law in Louisiana

In his 2012 book, “Through the Codes Darkly: Slave Law and Civil Law in Louisiana” (https://www.lawbookexchange.com/pages/books/59912/vernon-valentine-palmer/through-the-codes-darkly-slave-law-and-civil-law-in-louisiana), Tulane Law Professor Vernon Palmer challenged the prevailing argument that Louisiana’s slave laws were more permissive or protective than those of the other states. The differences between Louisiana’s slave laws and those of the other states have been attributed largely to the alleged adoption of ancient Roman slave laws during the drafting of Louisiana’s Code Noir, or “Black Code.” Because the Romans owned slaves of all races, some scholars have argued that the Roman laws were “color-blind” and that their incorporation into the Code Noir laid the groundwork for a more permissive body of slave law in the French territories. These scholars contrast the civil slave laws to the body of case law that developed to govern slavery in the other states, and argue that, while the common law developed specifically within a racial system, the civil law did not develop from the intent to oppress any particular race.

In “Through the Codes Darkly,” Palmer breaks with the earlier scholarship claiming that the Code Noir was based on Roman law. He instead relies on archival research, examining the Code Noir drafters’ backgrounds, the instructions they received from France, and the notes they generated during the course of their work. Palmer argues that the Code Noir was in fact based on the drafters’ own experiences in the New World, and that the Roman slave laws, which would have been largely irrelevant to slavery in the Americas, did not, in fact, form the substantive basis of the Code Noir. In breaking with Romanist scholarship, Palmer owns that the drafters of the Code Noir created a “profoundly racial document embodying the prejudices of their own white supremacist society.”

This program would explore Palmer’s trailblazing research into the law of slavery in Louisiana. The speaker would ideally be Professor Palmer himself, although other local law professors would also be qualified to speak on this topic if Professor Palmer were not available.

BOK Content Area:  Research & Analysis

French, Spanish, African and Jewish influences in US Law

New Orleans and Louisiana in general with its rich city and legal history is the perfect set for this panel. Legal experts and historical experts will shed some light on the French, Spanish, African and Jewish influences which might have been present and even created in Louisiana or New Orleans and then made it to US law.

Potential speakers include historical and legal experts on the topic, local history expert, and a local legal history expert or just legal history expert.

BOK Content Area:  Research & Analysis

Legal information from U.S. Territories

Legal information from and on the current U.S. territories is a nightmare to find. Most major commercial vendors do not include this information and local institutions do not have the resources to digitize and make this information more accessible. What should we do?

Potential speakers include law librarians from different U.S. territories, law librarian specializing in this area, perhaps a government/court librarian from the territories.

BOK Content Area:  Research & Analysis

Is Google Translate the only option?

The legal document or any material you are working on has a few sentences on Spanish, Estonian, Swahili or Vietnamese. What do you do? If you’re under some pressing time constraints locating and hiring a translator might not be an option. Is Google Translate the only and best option we have? Are there any other options out there either free or not?

Potential speakers include: a FCIL librarian with experience using materials in foreign languages, a certified legal translator, a rep from Google Translate or someone working in one of the other translation sites or apps such as Linguee or Lingvo.

BOK Content Area:  Research & Analysis

Program Planning for New Orleans 2020: Ideascale Is Now Open!

By Susan Gualtier

Dear FCIL Colleagues:

I hope that you all had a wonderful conference and a safe trip home!  As we all make our way through the weekend’s unchecked emails and get ready for teaching and other fall commitments, it’s important to remember that it’s also time to start thinking about FCIL programming for the AALL Annual Meeting in New Orleans next year.  In case you didn’t notice, Ideascale opened yesterday with very little fanfare, and is available from now until August 16 for submissions and voting!

As your Education Committee Co-Chair, let me explain how you can contribute RIGHT NOW to our ongoing efforts to guarantee substantive FCIL programming at next year’s conference.

Phase 1: Ideascale

  1. Submit all your wild and crazy ideas to the Ideascale platform (you will need to register and join the AALL Annual Meeting Program Ideas community within Ideascale before you can submit). Ideascale is a crowdsourcing tool that the Annual Meeting Program Committee (AMPC) is monitoring to gauge membership interests.  The AMPC will use the information on Ideascale to identify the “must have programming” for next year’s meeting.
    • Any and every idea will suffice.
    • You can submit anonymously, if you like.
    • Submitting an idea does NOT obligate you to do any of the work needed to turn that idea into a program.
    • The system will ask you to categorize your idea as falling within one of the 6 domains of the “Body of Knowledge” (BOK).
  1. Upvote any ideas on the Ideascale platform that explicitly relate to FCIL work or that could be expanded to include a FCIL perspective. This will help us make connections across SISs and remind the AALL community that almost every topic on law and law librarianship can take on international and/or foreign dimensions.
    • The system allows for one upvote per idea.
    • The FCIL-SIS blog, DipLawMatic Dialogues, will post weekly updates of ideas submitted to Ideascale to encourage your upvoting. Please make sure to subscribe to the blog, if you have not done so already.

The Ideascale platform is up until August 16th.  Once it closes, I’ll send out another message about Phase 2 of our New Orleans programming plan.

If you have questions, comments, concerns, or calls for help, please reach out to me (sgua@law.upenn.edu) and/or Dennis Sears (searsd@law.byu.edu).  As co-Chairs of the FCIL’s Education Committee, it is our job to encourage and support you in developing ideas and program proposals in anticipation of next year’s meeting!

Laissez les bons temps rouler!

St. Louis Cathedral at night.

FCIL-SIS Book Discussion Group to Meet Again During Washington, D.C. Conference

nofriendbutthemountainsOver the past several years, the FCIL-SIS Book Discussion Group, started by Dan Wade in in 2014, has become a popular informal addition to the AALL Annual Meeting’s FCIL conference programming.  Each year, we select a book to read in advance of the conference and meet during the conference to enjoy a book discussion, lunch or snacks, and each other’s company.

This year, the group will meet on Monday, July 15, at 12:15, during the Attendee Lunch in the Exhibit Hall.  We will meet in the Registration Area, find a table, and take advantage of the complimentary lunch.

This year’s book selection is No Friend But the Mountains: Writing from Manus Prison, by Behrouz Boochani.  Mr. Boochani is an Iranian-Kurdish journalist, human rights defender, poet and film producer. He was born in western Iran and has been held in the Australian-run Manus Island detention center since 2013.  The following book description appears on the Pan Macmillan Australia website:

 

WINNER OF THE VICTORIAN PREMIER’S LITERARY PRIZE FOR LITERATURE AND FOR NON-FICTION 2019

Where have I come from? From the land of rivers, the land of waterfalls, the land of ancient chants, the land of mountains…

In 2013, Kurdish journalist Behrouz Boochani was illegally detained on Manus Island. He has been there ever since.

People would run to the mountains to escape the warplanes and found asylum within their chestnut forests…

This book is the result. Laboriously tapped out on a mobile phone and translated from the Farsi. It is a voice of witness, an act of survival. A lyric first-hand account. A cry of resistance. A vivid portrait through five years of incarceration and exile.

Do Kurds have any friends other than the mountains? 

WINNER OF THE NSW PREMIER’S AWARD 2019 

WINNER OF THE ABIA GENERAL FICTION BOOK OF THE YEAR 2019

PRAISE FOR NO FRIEND BUT THE MOUNTAINS

“Boochani has produced a literary, journalistic and philosophical tour de force. It may well stand as one of the most important books published in Australia in two decades…” The Saturday Paper

“A chant, a cry from the heart, a lament, fuelled by a fierce urgency, written with the lyricism of a poet, the literary skills of a novelist, and the profound insights of an astute observer of human behaviour and the ruthless politics of a cruel and unjust imprisonment.” Arnold Zable, author of the award-winning Jewels and Ashes and Cafe Scheherazade

a shattering book every Australian should read” Benjamin Law (@mrbenjaminlaw 01/02/2019)

“In the absence of images, turn to this book to fathom what we have done, what we continue to do. It is, put simply, the most extraordinary and important book I have ever read.” Good Reading Magazine(starred review)

“Brilliant writing. Brilliant thinking. Brilliant courage.” Professor Marcia Langton AM (@marcialangton 01/02/2019)

“Not for the faint-hearted, it’s a powerful, devastating insight into a situation that’s so often seen through a political – not personal – lens.” GQ Australia

“It is an unforgettable account of man’s inhumanity to man that reads like something out of Orwell or Kafka, and is aptly described by Tofighian as ‘horrific surrealism’. It is clear from Boochani’s writing that he is a highly educated and philosophical man; he segues effortlessly between prose and poetry, both equally powerful.” –The Australian Financial Review Magazine

“Behrouz Boochani has written a book which is as powerful as it is poetic and moving. He describes his experience of living in a refugee prison with profound insight and intelligence.” Queensland Reviewers Collective

“In his book Boochani introduces us to different dimensions of his experience and thinking. Both a profound creative writing project and a strategic act of resistance, the book is part of a coherent theoretical project and critical approach.” Omid Tofighian, translator of No Friend But the Mountains

It is a voice of witness, an act of survival. A lyric first-hand account. A cry of resistance. A vivid portrait through five years of incarceration and exile.” Readings

Boochani has woven his own experiences in to a tale which is at once beautiful and harrowing, creating a valuable contribution to Australia’s literary canon.” Writing NSW

it is a voice of witness and an act of survival” Law Society of NSW Journal

 

This year’s book selection promises to foster a rich discussion, and we look forward to welcoming both past book group members and new members interested in joining the discussion.  Again, this is an informal event, and RSVPs are not necessary; however, please feel free to let us know if you are planning to participate, so that we can get a general head count ahead of time.  Any questions or comments can be emailed to Susan Gualtier at sgua@law.upenn.edu.  We look forward to seeing you all in Washington, D.C. for another great book discussion!

2019 AALL Program Proposals due Oct. 1

deadline

There is only one week left to submit your program proposals for the 2019 AALL Conference in Washington, D.C. (see here for the call for proposals, which includes resources for creating a proposal and the AMPC’s timeline).   If you are interested in proposing a FCIL-related program for the conference or in joining someone else’s program as a consultant or speaker, please contact Dennis Sears and Loren Turner. They will help you develop your ideas, recruit speakers, and edit your proposals before submission.  There is no time to waste!

FCIL-SIS Book Discussion Group to Meet Again in Baltimore This Summer

By Susan GualtierKorematsu Cover

Over the past several years, the FCIL-SIS Book Discussion Group, started by Dan Wade in in 2014, has become a popular informal addition to the AALL Annual Meeting’s FCIL conference programming.  Each year, we select a book to read in advance of the conference and meet during the conference to enjoy a book discussion, lunch or snacks, and each other’s fine company.

This year, the group will meet on Monday, July 16, at 12:30.  As in past years, we will meet in the Registration Area, and will find a table or small room from there.  The event will be BYO lunch or snacks.

This year’s book selection is In the Shadow of Korematsu: Democratic Liberties and National Security, by Eric K. Yamamoto.  Professor Yamamoto is the Fred T. Korematsu Professor of Law and Social Justice at the William S. Richardson School of Law, University of Hawai`i. He is nationally and internationally recognized for his legal work and scholarship on civil procedure, as well as national security and civil liberties, and civil rights and social justice, with an emphasis on reconciliation initiatives and redress for historic injustice.  The following book description appears on the Oxford University Press website:

The national security and civil liberties tensions of the World War II mass incarceration link 9/11 and the 2015 Paris-San Bernardino attacks to the Trump era in America – an era darkened by accelerating discrimination against and intimidation of those asserting rights of freedom of religion, association and speech, and an era marked by increasingly volatile protests. This book discusses the broad civil liberties challenges posed by these past-into-the-future linkages highlighting pressing questions about the significance of judicial independence for a constitutional democracy committed both to security and to the rule of law. What will happen when those profiled, detained, harassed, or discriminated against under the mantle of national security turn to the courts for legal protection? How will the U.S. courts respond to the need to protect both society and fundamental democratic values of our political process? Will courts fall passively in line with the elective branches, as they did in Korematsu v. United States, or serve as the guardian of the Bill of Rights, scrutinizing claims of “pressing public necessity” as justification for curtailing fundamental liberties?

These queries paint three pictures portrayed in this book. First, they portray the present-day significance of the Supreme Court’s partially discredited, yet never overruled, 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration – a decision later found to be driven by the government’s presentation of “intentional falsehoods” and “willful historical inaccuracies” to the Court. Second, the queries implicate prospects for judicial independence in adjudging Harassment, Exclusion, Incarceration disputes in contemporary America and beyond. Third, and even more broadly for security and liberty controversies, the queries engage the American populace in shaping law and policy at the ground level by placing the courts’ legitimacy on center stage. They address how critical legal advocacy and organized public pressure targeting judges and policymakers – realpolitik advocacy – at times can foster judicial fealty to constitutional principles while promoting the elective branches accountability for the benefit of all Americans. This book addresses who we are as Americans and whether we are genuinely committed to democracy governed by the Constitution.

This year’s book selection promises to foster a rich discussion, and we look forward to welcoming both past book group members and new members interested in joining the discussion.  Again, this is an informal event, and RSVPs are not necessary; however, please feel free to let us know if you are planning to participate, so that we can get a general head count ahead of time.  Any questions or comments can be emailed to Susan Gualtier at sgua@law.upenn.edu.  We look forward to seeing you all in Baltimore for another great book discussion!

Announcement: FCIL-SIS (Informal) Book Discussion Group at AALL Annual Meeting

By Dan Wade

disarray_0The FCIL-SIS Book Discussion Group will meet at the Annual Meeting on Monday between 12:15 and 2:00p.m. We are gathering at the AALL Annual Meeting Registration Desk at 12:15p.m.

The book under discussion this year is A World in Disarray, by Richard Haass (New York: Penguin, 2017). Haass has been President of the Council of Foreign Relations since 2003. After graduating from Oberlin and receiving his M.Phil and D.Phil from Oxford, Haass worked for the Department of State and the Department of Defense. Between 2001 and 2003 he served the George W. Bush Administration by assuming the dual role of Director of Policy Planning at the State Department, where he became a close adviser to Secretary of State Colin Powell, and United States Special Envoy for Northern Ireland, for which he received the Department of State’s Distinguished Service Award. The book under discussion is Haass’ twelfth book, and it very much follows the line of thinking set out in probably his best known work, The Reluctant Sheriff,  in which he writes, “what will prove crucial is the ability of the United States to persuade others to adopt and abide by its preferences—and the will and ability of the United States to act as sheriff, to mobilize itself and others to insist on them when resistance emerges.” (p.44). In the present book he mellows some and invokes the principle of sovereign obligation, where a state works towards meeting the interests of other states. In the final chapter he addresses the issue of our country in disarray. (No, it is not about Donald Trump’s foreign policy.) Here he calls for more military spending. You can imagine how that analysis sits with this Connecticut Yankee and ordained minister (emeritus) of a historic peace church, e.g., Friends and Mennonites. The book does have value. I thought the discussion of R2P and United States debt were two of the high points.

I believe our group will be smaller this year, and if you are interested in foreign policy, world order, and international relations, please feel free to join us, even if you haven’t read the book. I will reserve a couple of extra places at the lunch table.

Cuban Law and Legal Research: A Snapshot During the Deshielo (Congelado?) – Monday, July 17, 2017, 9:45 a.m., Austin Convention Center, Room 18AB

By Julienne Grant

IMG_9721 (003)“The history of the United States and Cuba encompass[es] revolution and conflict, struggle and sacrifice, retribution and now reconciliation. It is time now for us to leave the past behind. It is time for us to look forward to the future together.”

-President Barack Obama, March 22, 2016, Havana, Cuba

 

“Therefore, effective immediately, I am canceling the last administration’s completely one-sided deal with Cuba.” 

-President Donald J. Trump, June 16, 2017, Miami, Florida

 

“Again, the United States Government resorts to coercive methods of the past, adopting measures to intensify the blockade, in force since February 1962, which not only causes damage and deprivation to the Cuban people and constitutes an undeniable obstacle to the development of our economy, but also affects the sovereignty and interests of other countries, inciting international rejection.” (Julienne E. Grant, translation)

-Declaration of the Revolutionary Government, June 16, 2017, Havana, Cuba

 

When I drafted a proposal last fall for an AALL program on Cuba, I envisioned a continuation of the dramatic deshielo (thaw) of relations between the U.S. and Cuba. Specifically, I assumed there would be a progression of the rapprochement that former President Obama alluded to in his speech in Havana on March 22, 2016.  What I didn’t foresee while crafting the program were the most recent proclamations by President Trump and the Cuban government.  Trump’s June 16th announcement in Miami that backtracks some of the previous administration’s initiatives has halted the thaw a bit. As such, this program is perhaps more appropriately a snapshot during the deshielo congelado (frozen thaw). However U.S.-Cuba relations can now be characterized, though, Cuba is on the cusp of dramatic changes, and it’s a hot topic.

Please join Dr. Marisol Florén-Romero (Florida International University), Teresa Miguel-Stearns (Yale), and me (Loyola University Chicago) as we first explore this enigmatic jurisdiction from a law librarian’s perspective. Our program will include a brief overview of the somewhat unwieldly nomenclature of Cuban law, as well as a short assessment of English-language sources that can provide insight into Cuba’s legal landscape. In addition, Teresa will offer a quick summary of her experience purchasing legal materials in Havana last year.  Accompanying the program is a useful 26-page handout that will be available for download.

Our featured speaker, however, is Professor Jorge R. Piñon, whose talk is titled “Cuba Business Scenarios:  Challenges and Opportunities,” certainly a timely topic in what is an extremely fluid political and economic environment.   Professor Piñon is the Interim Director of The University of Texas at Austin, Center for International Energy & Environmental Policy, and the Director of its Latin America & Caribbean Energy Program.

Professor Piñon is also recognized as an expert on Cuba’s energy sector, as well as on the island’s future economic transitional challenges and opportunities.  He is an advisor and a member of the Cuba Task Force at The Brookings Institution and co-author of “Cuba’s Energy Future: Strategic Approaches to Cooperation,” Brookings Institution Press, 2010.

Hope to see you on Monday for what is sure to be a lively, engaging, and enlightening hour!