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Foreign & Comparative Law Research Training

Foreign & Comparative Law Research Training

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Foreign & Comparative Law Research Training

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  1. Foreign & Comparative Law Research Training University of Miami Law Library Foreign & Comparative Law Spring, 2012

  2. Foreign Law The domestic law of a non U.S. jurisdiction. 2012

  3. Comparative Law The study and evaluation of the differences and similarities between two or more legal systems. 2012

  4. Challenges 2012

  5. Language Foreign law is usually only published in the language of the country. 2012

  6. Availability Even if you read the appropriate foreign language, it can be difficult to find the primary materials. 2012

  7. Translations Translations are rarely official. Unofficial translations are secondary sources. 2012

  8. Reliability Is the translation reliable? 2012

  9. Secondary Sources Secondary sources are especially important, since it can be difficult to find primary materials. 2012

  10. Abbreviations • Prince’s Bieber’s Dictionary of Legal Abbreviations – 2009 – book • World Dictionary of Legal Abbreviations – 2001- book 2012

  11. Abbreviations • Cardiff Index to Legal Abbreviations – electronic 2012

  12. Citations • The Bluebook • Rule 20: Foreign Materials (page 179) • T2 – Jurisdiction Specific citation • Example - Chile 2012

  13. Citations • Guide to Foreign and International Legal Citations, Wolters Kluwer, 2009 (NYU) – book • First edition on web – 2006 2012

  14. Citations • Oxford Standard for Citation of Legal Authorities – electronic [OSCOLA] 2012

  15. Foreign Dictionary • Example – • English/Spanish and Spanish/English legal dictionary 2012

  16. Books to Get You Started • Mary Ann Glendon, et al. Comparative Legal Traditions: text , materials and cases on Western Law, 3d • Mary Ann Glendon, Comparative Legal Traditions in a Nutshell, 3d ed • Claire Germain, Germain’s Transnational Law Research: a guide for attorneys- 2006 2012

  17. More Books • Marci Hoffman and Mary Rumsey International and Foreign Legal Research: a coursebook – 2008 • Modern Legal Systems Cyclopedia– 2005 • John Henry Merryman, The Civil Law Tradition: an introduction to the legal systems of Europe and Latin America, 2007 2012

  18. CALI Lessons to Get You Started CALI Lessons • Examples of Lessons: Introduction to Foreign Legal Research, Introduction to Human Rights Research, and Researching Canadian Law: Case Approach. 2012

  19. Research Guides to Get You Started • Institute of Advanced Legal Studies, University of London • LLRX.com • GlobaLex 2012

  20. Research Guides to Get You Started • BerkeleyLaw Library • Duke Law – Library & Technology 2012

  21. TIP 1 Learn about the legal system before looking for the law Learn how its legal resources are structured: what codes or statutes exist, what role case law plays, etc. 2012

  22. TIP 2 Use secondary resources This will hopefully lead you to citations to the proper statute, code or case, etc 2012

  23. TIP 3 Now look for the law Depending on your Topic You can use (if one exists) a subject compilation of laws or You can look for the law by country 2012

  24. TIP 4 Remember that unofficial translations are secondary sources Is the translation a summary or a full translation? 2012

  25. Legal Systems • Civil • Common • Customary • Muslim • Mixed 2012

  26. 2012

  27. JuriGlobe–World Legal Systems – Research Group JuriGlobe is a research group formed by professors from the Faculty of Law of the University of Ottawa, which focuses on the development of a multilingual information data bank, accessible to all on the internet, containing general information relating to the different legal systems in the world, to the different official languages and to some of the most important international commercial conventions, as well as other multilateral commercial tools. 2012

  28. Country Reports/Studies • Lexis.com • News & Business / Country & Region (excluding U.S.) • Library of Congress • CIA World Factbook 2012

  29. Sites 2012

  30. Law Library of Congress – Guide to Law Online • International and Multinational • Nations of the World • U.S. Federal - includes U.S. Code and Constitution • U.S. States and Territories • Guide Index – by Country 2012

  31. Country-by-Country Guides to Foreign Legal Research • Lillian Goldman Law Library (Yale) 2012

  32. Foreign Law Sites • Cornell Law Library • Country-by-country listing of information on web. Also includes international and regional information 2012

  33. Foreign Law Guide • Current Sources of Codes and Basic Legislation in Jurisdictions of the World Reynolds and Flores • Access – Baron • http://baron.law.miami.edu/search/t?SEARCH=foreign+law+guide • Subscription Databases - http://www.law.miami.edu/library/databases.php • Internet Resources - Foreign 2012

  34. World Legal Information Institute • Access: Internet Resources - Foreign • Voluntary Site • List of countries with links to legal material available on the internet • 1230 databases from 123 jurisdictions via 14 Legal Information Institutes 2012

  35. Digests 2012

  36. Martindale-Hubbell International Law Digests • Martindale.com – • Search the Legal Library – Advanced Search • Country Name 2012

  37. Martindale-Hubbell International Law Digests • Lexis – Print & Electronic [Lexis.com] • More advanced searching than with Martindale.com • Legal – find “Laws by Country or Region”- “Foreign Laws & Legal Sources” - International Law Digests 2012

  38. Treatises • Baron • “doing business” • Brazil • International business transactions with Brazil 2012

  39. Deskbooks • Access – Baron • Example • China Law deskbook: a legal guide for foreign-invested enterprises. ABA 2010 2012

  40. Index to Foreign Legal Periodicals • The Index to Foreign Legal Periodicals, produced by The American Association of Law Libraries, provides access to legal literature worldwide, covering all forms of foreign (non-Anglo-American) law.  • This includes comparative law and legal systems, such as Islamic law; socialist law; public and private international law; and transnational commercial law. 1985 – • HeinOnline 2012

  41. HeinOnline • Subscription Databases • Law Journals • Separate listing for International & Non-US law journals • Yearbooks • Browse through different Journals for current awareness – comparative topics – “I” • Search also – do a field search – words in title or years • Table of Contents • pdf 2012

  42. Political Database of the Americas • Access: Internet Resources - Foreign • Georgetown • Links to executive, judicial and legislative information for 35 countries – including constitutions 2012

  43. GLIN – Global Legal Information Network • Public database of official texts of laws, regulations, judicial decisions, and other complementary legal sources contributed by governmental agencies and international organizations. • These GLIN members contribute the full texts of their published documents to the database in their original languages. • Each document is accompanied by a summary in English • All summaries are available to the public, and public access to full texts is also available for most jurisdictions. 2012

  44. Constitution of the Countries of the World • Access: Internet Resources - Foreign • Oceana • Provides English translations in full-text of almost 200 country constitutions. • Only one user may access this service at one time. 2012

  45. Constitution Finder • University of Richmond 2012

  46. Government Gazettes Online University of Michigan • Access: Internet Resources – Foreign • Attempts to list all online government gazettes and their characteristics. • A description of the contents and coverage are included for each gazette 2012

  47. Lexis - Foreign • Legal • Find Laws by Country or Region 2012

  48. Westlaw - Foreign • Add a Tab 2012

  49. Current Awareness • Library of Congress – Global Legal Monitor • The Global Legal Monitor is an online publication from the Law Library of Congress covering legal news and developments worldwide. It is updated frequently and draws on information from the Global Legal Information Network, official national legal publications, and reliable press sources. 2012

  50. Research Approaches and Strategy • Secondary Sources • Use Indexes, Table of Contents • Call an Expert – Librarians, the embassy, etc. 2012