Forthcoming: “Guide to Legal Research in Cuba,” By the Latin American Law Interest Group

The Latin American Law Interest Group is excited to announce its forthcoming publication, “Guide to Legal Research in Cuba” (edited by Julienne Grant, Sergio Stone, and Marisol Florén-Romero.)

The purpose of the Guide is to provide a snapshot of Cuban law and legal research as they exist in the political fluidity of the moment.  Historical context will also be included. Research for the project in general has been painstakingly difficult. Both Spanish and English-language resources will be covered.

Twelve authors have contributed to the project, which is currently in the editorial phase.  The IG expects to complete the guide by September 1, after which it will be submitted to a journal or published in open access.

Want to learn more? The Latin American Law Interest Group will give a brief presentation on the development of the research guide at the FCIL-SIS Jurisdictions IG Joint Meeting, to be held on Sunday, July 17, 2016, 12:30 PM – 2:00 PM, in the Hyatt-Water Tower Room. Presentation by Steven Alexandre da Costa (Boston University School of Law) and Juice Lee (Northeastern University School of Law.

latin_america

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…

View original post 477 more words

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.

IALL Recap: Legal Blogs as a Means to alter Scientific Communication Structures and Legal Research: Insights from Verfassungsblog’s Research Project

By Teresa Miguel-Stearns

Humbolt University Berlin, Faculty of Law

Humbolt University Berlin, Faculty of Law

Researcher Hannah Birkenkotter, of Humboldt University Berlin, gave a fascinating presentation on the various types of German legal blogs and their effects on German society. She acknowledged that she and her fellow researchers do not know exactly who is reading the blogs, and that although blogs are not yet firmly entrenched in the establishment, they are genre that provides a valuable space for experimentation and the exchange of ideas. Birkenkotter described two types of blogs:

  1. External alteration blogs: to spread ideas and alter scientific discussion
  2. Internal alteration blogs: to shake up academic institutions and structure

In 2009, legal journalist Maximillian Steinbeis, started blogging to report on constitutional law developments in Germany. The intended audience of Verfassungsblog is the general public and the desired outcome is to shape and affect policy. The blog is primarily in English in an effort to reach a broad audience. Although Steinbeis is the solo owner and moderator of this “external alteration” blog, he has a long list of guest contributors including several U.S. law professors.

Humboldt University Berlin, Main Campus

Humboldt University Berlin, Main Campus

Several years ago Andreas Palos, then a practicing attorney, started a popular international law blog. It was short and informative with a clear opinion. Palos is now a sitting judge on the Federal Constitution Court and, therefore, no longer maintains this solo blog, but at the time it was a primary means of sharing developments in international law with the public who would not otherwise have timely, in depth, and easy access to such developments.

Several popular blogs are group projects where there is a pre-publishing peer review process allowing for a less formal forum for publishing one’s scholarship. One such blog is a group of young researcher in German public law who run Junge Wissenschaft im Offentlichen Recht, an “internal alteration” blog. This blog provides ample opportunity for up-and-coming scholars to express their ideas and get feedback from their peers through posted comments and responses.

Some of the most popular legal blogs in Germany are the following:

In sum, blogs in Germany, though not as prolific as in the United States, provide an important tool for scholars and experts to share developments in the law, exchange novel ideas and receive instant feedback, and educate the public in a timely, open fashion. Not so different from DipLawMatics Dialogues!

Humboldt University of Berlin, Main Campus

Humboldt University of Berlin, Main Campus

AALL 2015 Recap: Chinese Legal Information: Availability, Accessibility and Quality Control

By Alex Zhang and Anne Mostad-Jensen

NewAALLClogoSmallHave you ever been tasked with finding an English translation of a recently enacted ordinance in Hong Kong when all of your colleagues in the Hong Kong office on the other side of the world are asleep in their beds? Have you been asked to help a member of the law journal reverse engineer and decipher an esoteric citation to a Chinese regulation that has been translated into English? Have you ever been asked by your favorite law professor to figure out whether the State Council of the People’s Republic of China has translated its open government information regulation into English?

The Asian American Law Librarians Caucus (AALLC) program on Chinese legal information, held on Monday, July 20 from 4:30pm to 5:30pm, was designed to help you to handle these problems and others like them that you may have already encountered or will likely encounter in the future. Alex Zhang, from the University of Michigan Law Library, and Anne Mostad-Jensen, from the University of North Dakota Law Library, explored some of the most practical yet important issues related to English translations of Chinese primary legal materials, such as availability, accessibility and quality control.

Before using any English translation of primary legal materials of any jurisdiction, it is important to understand and fully appreciate the characteristics of the legal system and infrastructure. The Chinese legal system is a mixed legal system composed of the socialist civil law system of Mainland China, the common law system of Hong Kong Special Administrative Region (HKSAR), and the civil law system of Macao Special Administrative Region (Macao SAR). Each section has its own official language that directly impacts the authority and availability of English translations of primary legal materials. For example, in Mainland China, the official language is Mandarin Chinese nationwide. As a result, English translations, regardless of its issuing organ, are only for informational purposes. On the other hand, English and Chinese are both official languages of HKSAR and therefore, English and Chinese versions of primary legal materials issued by the official governmental entity are considered equally authoritative. Macao SAR is unique in the sense that Chinese and Portuguese are both considered as official languages. Consequently, English translations are of informational purposes only.

The different legal systems and framework also impact the availability and accessibility of English translations of primary legal materials in all three jurisdictions. With English as one of the official languages, English versions of primary legal materials of Hong Kong SAR are the most accessible among the three jurisdictions. Legislation in both English and Chinese is available through HKSAR Department of Justice Bilingual Laws Information System. The website also provides glossaries of legal terms prepared by the Law Drafting Division of the Department of Justice. Similarly, Hong Kong Judiciary’s Legal Reference System provides the full text of court decisions in English.[1]

The PRC government is making progress toward making its laws available in English. Both the National People’s Congress and the State Council have been publishing English translations of selective laws and regulations since the late 1970s. Furthermore, both branches have made laws and regulations in English available online. For example, the National People’s Congress launched the online database Laws and Regulations in English in 2006. Its Chinese Law database also provides English translations of certain laws and regulations when available. Commercial vendors, such as Chinalawinfo, Westlaw China and Lexis China all provide extensive English translations of primary legal materials from Mainland China.

Users may have the least luck when it comes to finding English translations of Macao laws and regulations. Both Chinese and Portuguese versions of the laws and regulations of Macao are readily available at the Macao SAR Legislative Assembly website, but English versions are not included on the website. The Government Printing Bureau of Macao does make English translations of certain major codes available at its official website, including both the Commercial Code and the Industrial Property Code.

On the other hand, making translations available does not necessarily indicate the quality of the translations. Translation is hard. Legal translation is even harder. Deborah Cao claims “the sources of legal translation difficulty include the systematic differences in law, linguistic differences and cultural differences.”[2] Olga Burukina argues that legal translators are constantly challenged with “time and quality issues as well as a number of contradictions” related to time, systems, terminology, meaning, etc.[3]

Relying on a misleading translation is worse than not relying on a translation at all. Therefore, both presenters spent time discussing issues and concerns with the quality of the currently available English translations of all three jurisdictions. The presenters provided concrete examples of some of the major concerns, such as inconsistency, lack of officially issued bilingual legal terminologies for Mainland China and Macao SAR, and omissions and additions of words from the version in the source language. At the end of the presentation, presenters also shared tips and strategies for using English translations of Chinese primary legal materials with the audience. If you would like to receive a copy of the presentation materials by email, please feel free to contact Alex Zhang (zxm@umich.edu) or Anne Mostad-Jensen (anne.mostadjensen@law.und.edu).

[1] HKSAR judicial decisions are issued either in Chinese or in English, with a majority of cases still issued in English. Judicial decisions of jurisprudential value originally issued in Chinese are translated and made available in English as well. See http://legalref.judiciary.gov.hk/lrs/common/ju/tjpv.jsp.

[2] Deborah Cao, Translating Law 23 (Multilingual Matters, 2007).

[3] Olga Burukina, The Legal Translator’s Competence, 5 Contemporary Readings in Law and Social Justice 809, 810–812 (2013).

AALL 2015 Recap: “International Attorneys and LL.M. Students: Filling Research Gaps”

By Alexis Fetzer

scalesThe late Sunday afternoon session entitled “International Attorneys and LL.M. Students: Filling Research Gaps” targeted librarians working with international students in an instructional setting. Each speaker presented on his or her experience working with foreign LL.M. students.

The first of the three speakers was Jinwei Zhang, Reference and Instructional Technologies Librarian at the University of Tennessee School of Law. Ms. Zhang had a unique experience in that she had been a foreign LL.M. student herself. She began by discussing some of the unique challenges instructors face in teaching these students, such as language barriers, cultural differences, and introducing a new legal system. One cultural difference that Zhang emphasized was a reluctance to ask questions in class. Many of these students are coming from learning environments in which they are not encouraged to interrupt a lecturer with comments or questions. It is important to be patient and encouraging of these students in order to get them to open up in class. One suggestion offered was instituting more one on one meetings with students in order to get them comfortable talking to instructors and to answer any questions that they are too uncomfortable to pose before an entire class.

Nina Scholtz, Head of Reference Services & Instruction Coordinator at Cornell University Law School, was the second of three speakers. Ms. Scholtz spoke on her experience as an academic law librarian instructing LL.M. students in legal research in their Principles of American Legal Writing course. In this course she instructs students in four class sessions and then works with students individually on their research for writing projects.

One challenge she highlighted was the difficulty in overcoming language barriers for legal citation abbreviations. It is important for instructors to keep in mind that what appears to make sense in the English speaker’s mind as an abbreviation for a court or publication may not always translate clearly to the foreign student. An instructor should look for ways to make this easier for students to understand and should be able to point to resources that can assist students in abbreviating or deciphering abbreviations of citations.

Scholtz shared one of the exercises she performed with her students, entitled “Thinking like a Common Law Lawyer.” This exercise focuses on the factual analysis that needs to take place before students can begin tackling legal research. Students are tasked with finding the basis of the case, generating search terms, and looking to other synonyms and antonyms of those terms. After the class performs this exercise together as a whole, students are broken up into smaller groups and given the same type of assignment with a different fact pattern.

The final speaker was Furman Scott DeMaris, Research Services Librarian at Reed Smith LLP, who spoke of his experience as a firm librarian when Reed Smith took on several Chinese LL.M. students as apart of work-study program with Temple University School of Law. One thing the firm did was to offer research refreshers and training for these students. Mr. Demaris found that it was important to let these students know that the librarians were there to assist them, because otherwise they might not have identified the librarians as a resource. Research guides were also offered to students on topics such as how to avoid research pitfalls and how to perform cost effective research. One challenge in hosting these LL.M. students was that, because they were guests rather than employees, they could not be given access to all of the firm’s resources. At the end of their time with Reed Smith, the students were asked to give a presentation on Chinese Law. This was a great way take advantage of the special knowledge of these foreign educated attorneys and to educate the firm’s attorneys on a foreign legal system.

After the final speaker, attendees were asked to discuss amongst members seated at their table the challenges in training foreign attorneys in an LL.M. instructional program or similar setting. The microphone was then opened for attendees to share and for the speakers to answer any questions.

AALL 2015 Recap: European Union Information Workshop

By Alyson Drake

EU InfoI was lucky enough to attend AALL 2015’s preconference workshop on EU Information, along with the rest of a sold out crowd. Our speaker was Ian Thomson, who serves as both the Director of the European Documentation Centre at Cardiff University and the Executive Editor of European Sources Online. While not a complete EU novice, I learned about a host of new (to me) resources beyond EUR-Lex that will be a huge aid next time I teach our International and Foreign Legal Research course or have patrons come with EU questions.

Rather than give a summary of the topics discussed, I thought I would highlight ten resources I didn’t previously know about that will be helpful to those out there researching European Union-related issues.

1.  ECLAS (European Commission Libraries Catalogue)

ECLAS is a major bibliographic index to help researchers find EU publications, treatises, journal articles and more on topics of interest to the EU. ECLAS provides hyperlinks to full text if freely available.

ECLAS

2.  Registers of Documents

The Registers of Documents from European Union institutions are a fantastic research tool for finding unpublished EU information not available in other EU-focused search engines and databases. Each of the registers includes documents relating to its activities, as well as official documents sent to it by other institutions and EU member states. The three main bodies of the EU, the European Parliament, the European Commission, and the Council of the European Union each have their own register.

3.  European eJustice Portal

Use European eJustice Portal to find links to information aimed at many different audiences (citizens, businesses, legal practitioners, and judges). Among other resources, researchers can find EU member state legislation and case law, as well as information on the legal processes in each EU member country.

ejustice4.  European External Action Service

Use the EEAS to find summaries of and information on the European Union’s relations with every country.

5.  IATE: Interactive Terminology for Europe database

IATE is the official database for interpreters of the EU. Researchers can enter an important term for their research and find the translation in over 20 languages.

iate6.  European Parliamentary Research Service

The EPRS, the European Parliament’s internal research department, provides the European Parliament with analysis and research on policy issues important to the European Union, in the form of briefings on current topics.

7.  IPEX (InterParliamentary EU Information Exchange)

IPEX provides access to reports from national parliaments concerning EU legislative proposals and initiatives.

8.  Dec.Nat—National Decisions

Dec.Nat helps researchers find court decisions from the national courts of member states concerning issues related to EU law.

9.  Euro|topics

Euro|topics translates articles from EU member country sources from their original language into German, English, and French. It provides an interesting way to get into the mindsets of media in other countries. Their “Main Focus” section gives articles on one hot topic of the day and then provides a list other news items of note.

eurotopics10.  Europe on the Internet

For more help finding useful websites and databases for information on the European Union, see Thomson’s own Europe on the Internet. It’s incredibly comprehensive and covers a great deal of what attendees were shown at the workshop.