Foreign & Intern’l Legal Research Seminar (Law 623A)

1. Foreign & Intern’l Legal Research Seminar (Law 623A) Roy L. Sturgeon, J.D., M.L.S., LL.M. (Chinese Law) Foreign & International Law Librarian, Library Liaison to the Public Advocacy Center, & Library Faculty February 12, 2009, 3:30-5:15pm, Rm. L308

2. Foreign law • Foreign law is the law of a nation (or group of nations with a common legal system, e.g., the European Union) not one’s own • It may consist of constitutions, statutes/codes, regulations, & court decisions • It doesn’t have effect outside that nation’s (or group of nations’) boundaries, but may regulate/bind foreign entities & persons inside it Important: court decisions in foreign nations aren’t always primary law as in America

3. Touro’s FIL hardcopy/print collection Where is it?: • Journals - concourse level & reserve room • Ready reference - 1st floor, north wing, near the reference office • Main collection - 2nd floor, call #s JZ3-KZD5625, south of the NY books • JudaicaRoom - 3rd floor, south wing • Microforms - concourse level, ask a librarian for help because it may be hard to find and use at first

4. Civil law jurisdictions/systems • “One of the two prominent legal system in the Western World, originally administered in the Roman Empire and still influential in continental Europe, Latin America, Scotland, and Louisiana, among other parts of the world” – Black’s Law Dictionary (8th ed.) • Primary sources include constitutions, statutes/codes (including those promulgated by the executive under delegated powers from the legislature), regulations, & custom • Secondary sources include court decisions & scholarly commentary (e.g., treatises, law reviews) • Reject stare decisis doctrine; glorify legislators & diminish judges • Q: Which legal system/tradition is newer: civil or common? And which is in the minority?

5. Mixed & religious jurisdictions Places where they co-exist: • Iran, Saudi Arabia, & the Holy See/Vatican (religious law reigns supreme, always trumps secular law) • Egypt, India, & Israel (secular & sacred, mutual trumping) • Louisiana & Quebec (civil & common) • Hong Kong (common & Chinese) • See Religious Legal Systems research guide on GlobaLex for much more info

6. Translations • Believe it or not, most foreign law in civil/mixed jurisdictions/systems doesn’t exist in English translation • Generally, the more foreign investment money ($$$) at stake, the more likely a law/statute will be translated into English • Generally, foreign caselaw is rarely translated into English • Whenever you find a translation, always ask yourself: is it authoritative (i.e., controlling) and is it official (i.e., from the government)?

7. Translations (cont.) • Online translators: + Yahoo! Babel Fish + Google Language Tools • Caveat emptor! Such translations are frequently unreliable & even unintelligible • See “Translation Software Causes International Incident” WSJ.com story (Nov. 9, 2007) on TWEN

8. Translations (cont.) Some tips for finding English translations/info about English translations: • Search the free internet (e.g., Google, Wikipedia, WorldLII, Yahoo, embassy websites), especially if you have the name of the statute/law, regulation, or case • Search the Library’s OPAC (e.g., keywords “property law” & “korea” & “english translation”) •Search Foreign Law Guide (in hardcopy & online) & GlobaLex

9. Translations (cont.) • Again, don’t be surprised if you can’t find what you’re looking for in English translation • Most foreign law from civil law jurisdictions/systems simply doesn’t exist in English translation

10. In conclusion . . . • Effective attorneys are effective legal researchers • Think of legal research as a way of empowering yourself. The better you are at researching, the more empowered you become • Don’t ever be afraid of asking a librarian---at Touro or elsewhere---for help. Most will be glad to help you because they view it as central to what librarians do