Organizing and Participating in the “Open Access to Legal Knowledge in Africa” Workshop in Uganda

By Heather Casey

uganda2This past December, I had the privilege of traveling to Kampala, Uganda and assisting with a workshop on Open Access to legal knowledge in Africa. It was for law librarians in Anglophone Africa. The workshop was organized through the International Federation of Library Associations (IFLA), in cooperation with the International Association of Law Libraries (IALL). It was sponsored by IFLA, IALL, and HeinOnline.

I was one of several organizers – with me were Mark Engsberg (Emory University), Joe Hinger (St. John’s University), Caroline Ilako (Markerere University), Sonia Poulin (Alberta Law Libraries), and Bård Tuseth (University of Oslo). Over the course of several months, we worked to bring together a group of African law librarians that came from the following countries: Uganda, Ghana, Kenya, Cote d’Ivoire, Nigeria, Zimbabwe, Tanzania, and South Africa.

Our goals for the workshop were to empower participants to utilize the potential of open access legal sources in legal research. The workshop offered a method to build a network of law librarians across Africa in order to share knowledge and assist each other in solving practical legal research questions. Participation provided an overview of open access legal sources worldwide, the practical skills required to benefit from them, and an opportunity to establish contact with colleagues from different countries.

uganda1One essential component of the workshop was for every participant to give a presentation. Most were 5 minutes long and organizers spoke from 15 minutes to 45 minutes on various topics with Q&A sessions afterward. Our reasons behind having every participant give a presentation were several; first, it encouraged each participant to plan for the workshop and guaranteed active participation. Second, each participant shared information on the legal research environment in their jurisdiction, which allowed for other participants to learn more about jurisdictions outside their own. It also assisted with networking, as each presentation allowed participants to better acquaint themselves with one another. Getting up in front of their peers gave each participant a chance to exercise skills in public speaking that they may not have otherwise used over the course of the two-day workshop.

We also had three breakout sessions where participants were gathered into small groups to foster discussion. Organizers joined in at each group table to act as facilitators for the small group discussions. After 45 minutes to an hour of discussion, the entire workshop group would come together and people from each group would relay their group’s findings.

As organizers, we wanted to ensure that participants would continue to contribute to a network for African Law Librarians. To that end, we established several online forums after the workshop for participants and organizers to engage in virtual and practical collaboration with international colleagues. The forums included:

So far the email chain and WhatsApp groups have been very vibrant. Participants continue to reach out to one another to discuss resources and let one another know what is happening in their jurisdictions. The website has been good for exchanging slides from the workshop and members have discussed what they would like to further do with the website.

We are excited to see this group continue in its efforts to further the goals of the workshop and look forward to further collaboration with members of the workshop. The experience was unforgettable and one I personally was truly honored and humbled to take part in. It was also very enjoyable to visit Uganda and learn more about the vibrant culture there. I look forward to visiting again.

Recap: Asian Legal Information in English: Availability, Accessibility, and Quality Control

By Amy Flick

Because I frequently need to help students find primary authority of other countries, yet have no hope of finding materials published in Chinese, Korean, or Japanese, I was pleased to see a program on Asian Legal Information in English in the AALL Annual Meeting program. I was even more pleased to find the program interesting, useful, and supplemented with handouts.

Alex ZhangAlex Zhang was the coordinator, moderator, and introductory speaker. She started by stressing the importance of good, reliable translations, but noted that even “official” translations by government entities are still for informational purposes only. In presenting the portion of the program on finding primary law of China, she included:

  • The official site NPC (National People’s Congress) Database of Laws and Regulations. The search box is unreliable, so Alex recommended browsing by category, requiring some knowledge of the structure of Chinese law to find the appropriate category. She cautioned that the laws retrieved may not include the dates of coverage, making it unclear for the user if they have the most current version.
  • State Council Laws & Regulations
  • Commercial sources including Lawinfochina, Westlaw China, and Lexis China, all comparable, and expensive, but Alex is most familiar with Lawinfochina. She recommends it for comprehensive coverage and inclusion of the most recent laws, and for a citator link to amendments to laws.
  • Although case law is not considered primary authority in China, a Stanford Law School project is translating Chinese Guiding Cases.

Alex wrapped up by noting that good translation is hard: “the question in legal translation isn’t which one is right, but which one is less wrong.” She suggests comparing and contrasting multiple translations and asking experts for help.

 

Anne Cathrine Mostad-JensenAnne Mostad-Jensen presented on law of Hong Kong and Macau. For these jurisdictions, she stressed that it is particularly important to understand their histories. Because of Hong Kong’s history as a British colony, it has a hybrid system of common and civil law, and English is one of its official languages for legal publication. Sources for Hong Kong legal information in English include:

Macao as a former Portuguese colony has a civil law system. English translation is available for only select legislation and some indexes, not for caselaw, and the translations are not official. Sources include:

 

Juice LeeJootaek “Juice” Lee demonstrated resources on law of the Republic of Korea in English. Although South Korea has a civil law system, it has been influenced by U.S. common law. English translations are not official, but English is widely used, and there are English language versions of most government websites. However, terminology can be an issue because of differences in civil and common law. Most primary sources are available in English, and government publishers try to provide accurate translations. Juice warned that Korean law changes rapidly, and English translations may not keep up. There are also issues with understanding the differences between public, private, and social law. He recommended sources including:

 

Mike McArthurMike McArthur had the final presentation in the program on finding Japanese law in English. Japanese efforts to be more international led to a 2004 Japanese law requiring translation of Japanese laws. Laws are first made available in tentative translation before an “official” version is available. Of course, translations are still unofficial. Mike warned that the Japanese calendar has a different date system, so he provided a “cheat sheet” for Japanese dates.  Sources for Japanese law in English include:

  • The Ministry of Justice’s Japanese Law Translation The database of laws and regulations is searchable with multiple options (title, number, category), and it has a dictionary for finding Japanese legal terms.
  • The Supreme Court of Japan. Although Japan has a civil law system, Supreme Court decisions are relevant, and some are translated into English.
  • An additional resource for Japanese legal research is ministry reports and white papers, which are translated into English, and which include detailed statistics.

Mike reminded the audience, as did the other speakers, that a legal researcher working with foreign languages and translations can get in over their head quickly, and that they should reach out to a specialist for help.

 

All of the presentations in the program were outstanding, and I appreciate the hard work by the speakers in putting them together!

Recap: FCIL-SIS Teaching Foreign & International Legal Research Interest Group Meeting

By Loren Turner

This year, Catherine Deane led and coordinated the Teaching Foreign & International Legal Research Interest Group meeting at the AALL Annual Conference in Chicago, Illinois.  She invited three speakers to present on their teaching experiences:

  • Marylin Raisch shared a screencast, a MindMap, and a visual presentation, as examples of how she and her colleague, Charles Bjork, answer research questions in innovative ways.
  • Alexis Fetzer explained how she, as a librarian without the FCIL title, successfully proposed and taught an FCIL research course at the University of Richmond School of Law. You can read more about Alexis’s experience in the May 2016 issue of the FCIL newsletter.
  • Nina E. Scholtz spoke about her experience in creating an experiential learning course for LLM students. She shared her syllabus for that course and recommended implementing interactive discussion during class to overcome cultural differences.

FCIL-SIS Jurisdictions Interest Groups To Meet On Sunday

FCIL-SIS invites all AALL conference attendees to join us for our Jurisdictions Interest Groups Joint Meeting this Sunday, from 12:30pm to 2:00pm, in the Hyatt-Water Tower Room.  The program will include substantive presentations from several of our interest groups, as well as 15 minutes at the end of the meeting for each group to discuss their plans for the coming year.

The agenda for the meeting is as follows:

SUNDAY July 17, 2016

12:30 PM – 2:00 PM

FCIL-SIS Jurisdictions IG Joint Meeting (Africa, Asia, Latin America, Europe, Indigenous Peoples, Customary & Religious Law, Roman Law) (Hyatt-Water Tower)

Meeting Topics:

  • Welcome and Intro (Susan Gualtier, Louisiana State University School of Law Library) – 5 minutes
  • European Law: Recent Developments in German Law Related to Asylum and Refugees: A Brief Overview for Law Librarians (Jennifer Alison, Harvard Law School Library) – 20 minutes
  • Latin America: Cuban Legal Research Guide (Julienne Grant, Loyola University Chicago Law Library, et al.) – 10 minutes
  • Africa: Updates of the Digitization Case Law Project from South Western Nigeria (Yemisi Dina, Osgood Hall Law School Library) – 20 minutes
  • Indigenous Peoples: Indigenous Peoples and DNA Testing: Friend or Foe? (Steven Perkins, Greenberg Traurig, LLP) – 20 minutes
  • Individual Interest Groups business meetings – 15 minutes

Everyone is welcome to attend the presentations and to check out our interest groups, so please spread the word to anyone interested in these areas of foreign law.  FCIL-SIS looks forward to seeing you there!

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An Experiential Learning Primer

Alyson Drake has published a helpful primer on the ABA’s experiential learning requirements on the RIPS-SIS blog today. Alyson has contributed significantly to FCIL-SIS through her work with DipLawMatic Dialogues. She is also Chair of the European Law Interest Group, incoming Co-Chair of the Publicity Committee, and a member of the Customary and Religious Law Interest Group.

RIPS Law Librarian Blog

by Alyson Drake

Editor’s Note: This week’s post is by incoming RIPS-SIS Vice-Chair/Chair Elect Alyson Drake. Alyson is currently the Reference and Student Services Librarian and the Coordinator of the Excellence in Legal Research Program at the Texas Tech University School of Law Library. 

Experiential educationIt’s no secret that legal education is focused primarily on producing graduates who are “practice ready.” The ABA’s increased experiential learning requirement, requiring at least six hours of experiential courses for each student, is a direct response to the argument that new attorneys lack the necessary skills to act like a lawyer from day one on the job. With new attorneys reporting that they spend 35% of their time conducting legal research, it is no stretch to argue that legal education should devote more time and energy to experiential legal research education.

Our research courses have always focused on practical skills, but what else does it take to make…

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The Special Challenge of LL.M. Students

By Jim Hart

animated-question-mark-clip-art-Kijead5iqLL.M. students face a challenge that is more daunting than the one our J.D. students face; their knowledge of their own legal systems and legal publications interferes with their learning of ours.  Indeed, it is something like learning another language.  At the beginning, it’s like doing a puzzle in which all the pieces fit.  You learn it at this stage by comparing the foreign language to your own language.  At the intermediate stage, the two languages are no longer always comparable.  A lot of pieces of the puzzle don’t fit any more and it’s confusing.  At the advanced stage students don’t compare the languages anymore.  The foreign language has become separate from the native language.  Using it is now unconscious.

At the beginning of the semester, many LL.M.s don’t seem to have a clear idea of why they have to learn legal research.  But as the semester goes by, they become increasingly engaged.  I think that the reason for this apparent disengagement at the beginning is that, like American students, the U.S. legal system is entirely new to them.  American J.D. students, on the other hand, come to law without any previous idea to interfere with their learning the system.  LL.M. students, however, are already trained in their home legal systems.

Lawyers are experts in the legal systems of their own countries, including gazettes, codes, and other publications.  Their knowledge is highly complex, implicit, and entirely automatic to them.  They have used it as professionals for some period of time.  It would be nearly impossible for such knowledge not to interfere with new learning!  Let me explain.  We represent knowledge in our minds in structures.  It doesn’t matter whether you call them schemata (sg. schema), or mental models, or frames as used by Minsky.  These structures are organized hierarchically with more general concepts encompassing more specific ones and specific concepts encompassing particular instances.  Students are just learning these concepts and structures, but experts have become so adept at using them that they are unconscious of their use.  In other words, experts use them automatically.

So when lawyers from other countries try to learn our legal system and its publications, they will find that the two systems do not have the same structures.  Some aspects of their native systems may not have corresponding features in ours at all and ours will have some aspects that their systems lack, not to mention those aspects that are partially congruent.  To make things worse, our legal publications form a bibliographic system that adds another system to the complexity.  If the foreign students come from a civil law tradition, they may have difficulty with the need for the volumes of case reporters that are essential to a common law system.  Our codes may seem like a disorganized hodgepodge of laws to someone who is used to codes that are written like philosophical treatises.  But, as they learn more about our system, they see the usefulness of our tools of legal research.

So I believe that our LL.M. students begin learning our system by comparing elements of theirs to ours.  As they learn more, they go through a period of confusion from which they emerge near the end of a semester.  At this point, they no longer compare their native system to ours.  They understand ours as a second, independent one.  This explanation is simplistic of course.  This is a blog post, after all.  I hope this will do.

I suspect that there is no complete solution to this problem.  But I also suspect that giving the LL.M. students an overview of our system that includes the bibliographic aspects at the beginning of the semester and reminding students of the role (purpose?) of the relevant publications in the system when they study them might both help.  In addition, this kind of experience can suck their self-confidence right out of them.  Give them sympathy and encouragement.  Of course a little tea and crumpets wouldn’t hurt either.

In summary, the idea is to link the structure and content of the legal system with the concomitant publications.

CAFLL-WestPac Recap: Legal Research Instruction In China and Innovative Library Space Solutions

By Ning Han

The joint conference of Chinese and American Forum on Legal Information and Law Libraries (CAFLL) and AALL WestPac was held in Honolulu, Hawaii, October 7-11, 2015. The conference was a huge success and offered opportunities for law librarians from both countries to network, exchange ideas, and learn from each other. This blog post recaps a panel discussion that focused on legal research instruction in China and innovative library space solutions supporting legal education. The panel was moderated by Anne Mostad-Jensen, Head of Faculty Services at University of North Dakota School of Law.

Lee Peoples, Director and Professor of Law at Oklahoma City University Law Library, who has published extensively on innovative library space solutions, introduced the audience to the concept of user-centric library space design. The traditional notion of what an academic law library should look like has been disrupted by a combination of factors in recent years. Designing law libraries to encourage learning is the new focus. The variety of ways students use space and their learning styles should be accommodated. Professor Lee showcased the implementation of this new design notion through examples of several recently constructed or renovated academic law libraries. Data diner booths, bar-height tables, and collaborative spaces with built-in trendy technologies are no longer novel. The offering of outdoor studying space, either courtyard or roof-top, is quietly happening as well. Professor Peoples indicated that a nicely designed library space helps with admission and attracts donations. He even mentioned that many law schools have already converted the so-called “prime” space from law professor offices to student learning space. The mindset of space use and how to promote admissions, marketing, and publicity through transforming space has radically changed. Law librarians from China showed strong interest in this discussion.

Ning Han, Technical Services Librarian and Assistant Professor of Law at Concordia University School of Law and Liying Yu, Director and Professor of Law at Tsinghua University School of Law delivered the findings of their recently conducted survey. The survey aimed to find out what the current practices of legal research instruction in China are and compare them to the American legal research education practices. This new survey was derived from a 2008 survey conducted by Professor Liying Yu, which confirmed the dearth of legal research course offerings at that time. Twenty-five law schools were surveyed this time and the survey found a steady improvement of legal research course offerings in law schools in China since the last survey. The offerings of basic legal research course have gone up to 73%. ALR and SLR courses were found to be more available than in 2008. 38% of law schools surveyed are offering some sort of ALR or SLR courses. The format of the course, credit structure, teaching method, assessment method, and more were studied and compared to the U.S. approaches. Professors Han and Yu also touched on students’ and legal employers’ perception toward legal research courses and legal research skills. They also examined whether there is any feedback or regulatory system in place among legal educators, legal employers, the bar association, and Ministry of Education. A more detailed analysis of the survey will appear in the paper that Professors Han, Yu, and Mostad-Jensen are currently finishing.