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  1. RDA-Related Changes to the Cataloging of Law Publications Presented at the Big Apple Catalogers’ Klatsch 2011 Spring Meeting, Pace University Law School, April 8, 2011 George A. Prager New York University Law School Library pragerg@exchange.law.nyu.edu

  2. Outline • 1. Overview • 2. Laws • 3. Treaties (general) • 4. Treaties, etc., between Two or Three Governments • 5. Treaties, etc., between Four or More Governments • 6. Revised Treaties • 7. Protocols, Amendments, Etc. • 8. Differentiating Two Legal Works with the Same Access Point • 9. Deferred Changes

  3. 1. Overview • RDA has carried over many of the legal rules virtually unchanged from AACR2 • Most significant law-related changes are in the area of treaties • Some changes have been deferred until future releases of RDA (See Section 9) • Elimination of collective uniform titles, or at least use of “etc.” in these phrases • Date of signing a treaty • Simplification of entry for reports of one court • Miscellaneous other changes

  4. 1. Overview • Most important sections of RDA dealing with law cataloging: Chapter 6: Identifying Works and Expressions 6.19 Preferred Title for a Legal Work 6.20 Date of a Legal Work 6.21 Other Distinguishing Characteristic of a Legal Work 6.22 Signatory to a Treaty, etc. 6.26 Title of an Official Communication

  5. 1. Overview 6.29 Constructing Access Points to Represent Legal Works and Expressions 6.31 Constructing Access Points to Represent Official Communications Chapter 11: Identifying Corporate Bodies Chapter 19: Persons, Families, and Corporate Bodies Associated with a Work 19.2 Creator (many legal examples) 19.3 Other Person, Family, or Corporate Body Associated with a Work

  6. 1. Overview • General rules on corporate bodies as creators of works: RDA 19.2.1.1.1 reads much like AACR2 21.1B • Laws of a political jurisdiction • Decrees of a head of state, chief executive, or ruling executive body • Bills and drafts of legislation • Administrative regulations, etc. • Constitutions, charters, etc.

  7. 1. Overview • Court rules • Treaties, international agreements, etc. • Charges to juries, indictments, court proceedings, and court decisions • Preferred titles for legal works are discussed in RDA 6.19 (AACR2 25.15-16) • Constructing access points for legal works and expressions: RDA 6.29 (corresponds to AACR2 21.31-36)

  8. 1. Overview • Often need to consult both RDA 6.19 & 6.29 to formulate headings and choice of entry correctly—sometimes general rules as well

  9. 2. Laws • RDA and AACR2 rules almost identical for entry and uniform titles for single laws, collections of general laws, and subject collections of laws • Authorized access points for constitutions are often different than the AACR2 form • Constitutions, Charters, Etc. • AACR2 and RDA enter under the jurisdiction or intergovernmental body • AACR2 adds a uniform title per 25.15A2 and general rules 25.3

  10. 2. Laws AACR2 25.3: general statements of responsibility are omitted from the title if it is allowed grammatically LCRI 25.3B: Use the word “constitution” or its equivalent as the complete uniform title, unless it is better known by a different name AACR2/LCRI example: 110 1# $a Italy. $t Costituzione 410 1# $a Italy. $t Costituzione della Repubblica italiana • ## $a Italy. Costituzione della Repubblica, 1990: $b t.p. (Costituzione della Repubblica) running title (Costituzione della Repubblica italiana)

  11. 2. Laws Constitutions (cont.) RDA 6.19: Rules for preferred titles of a legal work (specifically 6.19.2.5-6.19.2.6) contain no special provisions for constitutions. Relevant general rules on preferred titles (6.2.2.3-6.2.2.7) contain no provisions to omit general statements of responsibility from titles RDA example of constitution: 110 1# $a Italy. $t Costituzione della Repubblica italiana 670 ## $a Italy. Costituzione della Repubblica, 1990: $b t.p. (Costituzione della Repubblica) running title (Costituzione della Repubblica italiana) But: LCPS for RDA 19.2 has the same provision as LCRI 25.3B: Generally, use the word "constitution" (or its equivalent) as the preferred title for a constitution. So, for those libraries following the LCPS, the preferred titles for constitutions will remain largely the same as before.

  12. 3. Treaties (General) • AACR2makes a basic distinction between treaties of 1-3 parties, and treaties of 4 or more parties. • Bilateral and trilateral treaties always have a jurisdiction/other corporate body main entry (MARC 21 field 110); multilateral treaties never do • “Treaties, etc.” is only used as a uniform title for bilateral and trilateral treaties, not multilateral treaties, which have uniform titles based on the best known title

  13. 3. Treaties (General) • RDA treats all types of treaties the same, as much as possible • Authorized access point (MARC 21 field 110) for almost all treaties • “Treaties, etc.”, with additions called for in the rules, is the preferred title for all treaties in almost all cases (exception on slide 32)

  14. 4. Treaties, etc., between Two or Three Governments AACR2(21.35A1) enters bilateral treaties under the government whose catalog entry heading is first in English alphabetic order The uniform title (AACR2 25.16B) is formed by combining: Treaties, etc. Name of other party to treaty (if only two) Add date of signing in form: year, abbreviated name of month (as per B.15), number of the day AACR2 bibliographic record: 110 1# $a Great Britain. 240 10 $a Treaties, etc. $g Ireland, $d 1985 Nov. 15 245 10 $a Agreement between the Government of Ireland and the Government of the United Kingdom.

  15. 4. Treaties, etc., between Two or Three Governments AACR2 calls for a jurisdiction/uniform title added entry (710) from the other signatory , the corresponding LCRI calls for a see reference (410) on the authority record: 110 1# $a Great Britain. $t Treaties, etc. $g Ireland, $d 1985 Nov. 15 410 1# $a Ireland. $t Treaties, etc. $g Great Britain, $d 1985 Nov. 15 Authority record number: n 86065107

  16. 4. Treaties, etc., between Two or Three Governments RDA enters bilateral treaties under the authorized access point representing the signatory named first and the preferred title (6.29.1.15, 6.19.2.7, 6.20.3, 6.22, 6.29.1.33) The RDA record enters the treaty under Ireland, not Great Britain, because Ireland is named first in the resource embodying the treaty. “Great Britain” appears in the addition to the preferred title. The date of signing appears in the same form as in the AACR2 uniform title (slide 14), except that the name of the month is not abbreviated. RDA bibliographic record: 110 1# $a Ireland. 240 10 $a Treaties, etc. $g Great Britain, $d 1985 November 15 245 10 $a Agreement between the Government of Ireland and the Government of the United Kingdom. 710 1# $a Great Britain.

  17. 4. Treaties, etc., between Two or Three Governments • RDA (19.2): The first signatory is an RDA core element as creator • RDA (6.22): For a bilateral treaty, the 2nd signatory is also an RDA core element (this requirement is met by giving the name of the 2nd signatory in $g of the 240 field) • Optionally, a library could also give a simple added entry for the second signatory (AACR2 requires a jurisdiction/UT from name of 2nd signatory; the corresponding LCRI calls for see reference on NAR instead)

  18. 4. Treaties, etc., between Two or Three Governments (Hypothetical) RDA authority record for the above treaty, based on information in chief source: 110 1# $a Ireland. $t Treaties, etc. $g Great Britain, $d 1985 November 15 410 1# $a Great Britain. $t Treaties, etc. $g Ireland, $d 1985 November 15 430 #0 $a Agreement between the Government of Ireland and the Government of the United Kingdom $d (1985) RDA 6.29.3.3 calls for variant access points (cross references) for the treaty: 1. From the title of the treaty, plus year of signing of the treaty (6.29.3.3) 2. From the access points for all of the other signatories, with the additions given in 6.29.1.3

  19. 4. Treaties, etc., between Two or Three Governments The hypothetical authority RDA would look much like the AACR2/LCRI record, but with the 110 and 410’s reversed, and the month of signing spelled out in the RDA record • RDA (6.29.1.15) has an exception to continue the AACR2 provision for a treaty having a single goverment on 1 side, and 2 or more governments on the other side; name the work by the single government and the preferred title

  20. 4. Treaties, etc. Between Two or Three Governments AACR2/LCRIs: (Partial) Authority Record for NAFTA: 110 1# $a Canada. $t Treaties, etc. $d 1992 Oct. 7 410 1# $a Mexico. $t Treaties, etc. $d 1992 Oct. 7 410 1# $a United States. $t Treaties, etc. $d 1992 Oct. 7 430 #0 $a North American Free Trade Agreement $d (1992) 430 #0 $a NAFTA $d (1992) Authority record: n 92099941

  21. 4. Treaties, etc. Between Two or Three Governments • (Hypothetical) RDA authority record for NAFTA: • Must determine which signatory is named first (in a text of the treaty) • From NAFTA Secretariat Website: • Preamble in English: The Government of Canada, the Government of the United Mexican States and the Government of the United States of America … Following this source, the RDA form of entry for the treaty on a NAR would be: 110 1# $a Canada. $t Treaties, etc. $d 1992 October 7

  22. 4. Treaties, etc. Between Two or Three Governments • RDAheading for NAFTA (cont.): • The French text of treaty also gives Canada first, but the Spanish text of the treaty gives Mexico as the first name • RDA 6.29.1.15 has a paragraph to deal with such cases: When there is no consistency in the order in which the governments are named in resources embodying the work or in reference sources, use the authorized access point for the government named first in the first resource received, followed by the preferred title for the treaty, etc.

  23. 5.Treaties, etc. Between Four or More Governments AACR2(21.35A2/25.16B2) enters treaties and related agreements between four or more governments under title (the name by which the treaty is known) The earliest year of signing is added in parentheses AACR2 bibliographic record: 130 #0 $a Treaty of cooperation between Denmark, Finland, Iceland, Norway and Sweden $d (1962) 245 10 $a Treaty of cooperation between Denmark, Finland, Iceland, Norway and Sweden.

  24. 5.Treaties, etc. Between Four or More Governments RDA enters all treaties (regardless of the number of signatories) under the authorized access point representing the signatory named first and the preferred title* Source: Treaty of cooperation between Denmark, Finland, Iceland, Norway and Sweden (the Helsinki Treaty) This treaty was signed on 23 March 1962. *Exception will be discussed on slide 32

  25. 5.Treaties, etc. Between Four or More Governments RDA bibliographic record for Treaty of cooperation …* 110 1# $a Denmark. 240 10 $a Treaties, etc. $d 1962 March 23 245 10 $a Treaty of cooperation between Denmark, Finland, Iceland, Norway and Sweden. 710 1# $a Finland. 710 1# $a Iceland. 710 1# $a Norway. 710 1# $a Sweden. *The cataloging agency has the choice of using from 0-4 added entries here for any signatory whose name is not given first in the resource. The first named signatory must be given as part of the authorized access point for the treaty (RDA core)

  26. 5.Treaties, etc. Between Four or More Governments (Hypothetical) RDA authority record:* 110 1# $a Denmark. $t Treaties, etc. $d 1962 March 23 430 0# $a Treaty of cooperation between Denmark, Finland, Iceland, Norway and Sweden $d (1962) *Optionally, the cataloging agency can add 0-4 jurisdiction/preferred title see references (430s) for the other signatories

  27. 5.Treaties, etc. Between Four or More Governments AACR2 form of heading: 130 #0 $a Treaty on European Union $d (1992) Authority record: n92079431 • Text of treaty from EU Official journal: TREATY ON EUROPEAN UNION (92/C 191/01) HIS MAJESTY THE KING OF THE BELGIANS, HER MAJESTY THE QUEEN OF DENMARK … Available at: http://eur-lex.europa.eu/en/treaties/dat/11992M/htm/11992M.html#0001000001

  28. 5.Treaties, etc. Between Four or More Governments RDA bibliographic record for Treaty on European Union: 110 1# $a Belgium. 240 10 $a Treaties, etc. $d 1992 February 7 • Entry is under Belgium as the first named signatory • Added entries for any number of the other signatories is optional in RDA RDA heading in NAR would be: 110 1# $a Belgium. $t Treaties, etc. $d 1992 February 7 • Authority record would have see reference from “Treaty on European Union” $d (1992)

  29. 5.Treaties, etc. Between Four or More Governments AACR2 form of heading: 130 #0 $a Schengen Agreement $d (1985)* Authority record: n 93030497 Official text of agreement: AGREEMENT between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders The Governments of the KINGDOM OF BELGIUM, the FEDERAL REPUBLIC OF GERMANY, the FRENCH REPUBLIC, the GRAND DUCHY OF LUXEMBOURG and the KINGDOM OF THE NETHERLANDS, hereinafter referred to as .the Parties. … *Available at: http://eur-lex.europa.eu/LexUriServ/site/en/oj/2000/l_239/l_23920000922en00010473.pdf

  30. 5.Treaties, etc. Between Four or More Governments RDA bibliographic record for Schengen Agreement: 110 1# $a Belgium. 240 10 $t Treaties, etc. $d 1985 June 14 710 1# $a Germany. 710 1# $a France. 710 1# $a Luxembourg. 710 1# $a Netherlands. • First named signatory is given in the 110 field • When there are 3 or more signatories, the number of additional signatories to give as added access points is cataloger’s judgment or library’s policy decision other than the first named signatory

  31. 5.Treaties, etc. Between Four or More Governments • RDAauthority record for Schengen Agreement: 110 1# $a Belgium. $t Treaties, etc. $d 1985 June 14 410 1# $a Germany. $t Treaties, etc. $d 1985 June 14 [optional] [optionally, additional 410s for other signatories] 430 #0 $a Schengen Agreement $d (1985)

  32. 5.Treaties, etc. Between Four or More Governments • RDA (6.19.2.7): When first signatory cannot be ascertained for a treaty betwen four or more governments: • Use the name by which the treaty is known as the preferred title • 130 #0 $a Agreement Establishing the World Trade Organization $d (1994) • In this case, the RDA entry for the treaty will match the AACR2 form • Full text available at WTO Website: http://www.wto.org/english/docs_e/legal_e/04-wto_e.htm

  33. 5.Treaties, etc. Between Four or More Governments • Added entries or cross references? • AACR2 calls for the following name/uniform title added entries: • Added entry for the government of the cataloging agency if it is a signatory • Added entry for any other government publishing the item being cataloged, if the government is a signatory • Added entry for the government named first in chief source if it is neither a home government nor the publishing government

  34. 5.Treaties, etc. Between Four or More Governments • LCRI 21.35A2 calls instead for jurisdiction/uniform title references on the authority record 130 #0 $a Convention on Desertification $d (1994) 410 1# $a United States. $t Treaties, etc. $d 1994 Oct. 14 (U.S. is signatory & home government) Authority record: no 94042939

  35. 5.Treaties, etc. Between Four or More Governments RDA 6.29.3.3 calls for variant access points (cross references) for the treaty: 1. From the title of the treaty, plus year of signing of the treaty (6.20.3) 2. From the access points for all of the other signatories, with the additions given in 6.29.1.3

  36. 6. Revised Treaties • AACR2 (21.35E2) treats revised treaties and related documents as independent works. Added entries are made under the heading for the revised treaty. The corresponding LCRI calls instead for a see also reference (5XX) on the record for the revised treaty to the original treaty. • RDA does not have a specific rule for revised treaties. The LCPS for RDA 26.1.1.3, “Referencing Related Expressions”, also calls for a see also reference on the record for the revised treaty to the original treaty.

  37. 6. Revised Treaties • LCPSexample: 130 #0 $a Berne Convention for the Protection of Literary and Artistic Works $d (1971) 530 #0 $w r $i Revision of: $a Berne Convention for the Protection of Literary and Artistic Works $d (1886) This example is also given in LCRI 21.35E2, except that the LCPS example here uses the newly defined value “r” in 530 $w/0, as well as the relationship designation in $i. The relationship designation in this case has been taken from the list in RDA Appendix J. For an explanation of these values, see the MARC 21 Authority Format section on References and tracings—general information, available online at: http://www.loc.gov/marc/authority/adtracing.html

  38. 7. Protocols, Amendments, Etc. AACR2: “Enter a separately published protocol, amendment, extension, or other agreement ancillary to a treaty, etc., under the heading for the basic agreement. Add uniform titles as instructed in 25.16B3.” Use the uniform title for the original agreement followed by Protocols, etc. and the date of signing 130 #0 $a Treaty on European Union $d (1992). $k Protocols, etc., $d 1997 Oct. 2 Authority record: n 98041275

  39. 7. Protocols, Amendments, Etc • RDA (6.29.1.19) like AACR2, enters protocols under the authorized access point for the basic agreement • “Protocols, etc.” is added after the access point for the basic agreement, followed by the date of signing (6.29.1.33) • Because RDA enters most treaties under the first signatory given in the chief source, authorized access points for protocols will look different than they do in AACR2 (see next slide)

  40. 7. Protocols, Amendments, Etc. • AACR2 heading for Treaty of Amsterdam: • 130 #0 $a Treaty on European Union $d (1992). $k Protocols, etc., $d 1997 Oct. 2 • RDAheading for Treaty of Amsterdam: 110 1# $a Belgium. $t Treaties, etc. $d 1992 February 7. $k Protocols, etc., $d 1997 October 2

  41. 8. Differentiating Two Legal Works with the Same Access Point • RDA6.29.1.34 refers to the general instructions under 6.27.1.9 for distinguishing access points for two works with the same title: • Add one or more of the following, as appropriate: • A term indicating the form of the work (RDA 6.3) • The date of the work (6.4) • Place of origin of the work (6.5) • And/or a term indicating another distinguishing characteristic of the work (6.6.) There is a lengthy corresponding LCPS for 6.27.1.9, similar in content to the LCRI for Conflict resolution (25.5B)

  42. 8. Differentiating Two Legal Works with the Same Name Differentiating two treaties or similar agreements with the same access point: • RDA 6.29.1.33 does not give assistance in breaking a conflict between two treaties or similar agreements with the same access point, other than adding the name of the other signatory (for bilateral treaties), or the date of signing (for all treaties). • The corresponding LCPSinstructs: • Add in parentheses a word or words from the title proper

  43. 9. Deferred Changes a. Future changes likely in use of collective uniform titles: • Laws, etc., Treaties, etc., Protocols, etc.: The Joint Steering Committee for Development of RDA (JSC) expressed some dissatisfaction with the use of collective uniform titles for legal materials, especially the use of “etc.” as part of these uniform titles

  44. 9. Deferred Changes • Two solutions proposed: i. Discontinue use of such collective titles ii. Define “laws”, “treaties”, and “protocols” to mean the range of resources listed in the instructions • The American Association of Law Libraries’ Descriptive Cataloging Policy Advisory Group (AALL-DCAG) was asked for comments, but couldn’t agree upon a solution. Some in the wanted to discontinue collective uniform titles for law, suggesting that genre/form headings could replace them. Others wanted to keep them. Removing “etc.” from such titles would be difficult, because then it would be necessary to enumerate all the things covered under “Laws, etc.” and the other collective uniform titles.

  45. 9. Deferred Changes • b. Date of signing of a treaty • In basic instructions (6.20.3.3), you must sign date in the form of year, name of month, number of the day • When treaty is recorded as preferred title and date alone, however, only the year is added (6.29.1.33). Variant access points from title of treaty use year of signing, rather than year, month, and day (6.29.3.3) • This issue may be addressed during later releases of RDA

  46. 9. Deferred Changes • c. Reports of 1 court (AACR2 21.36A, RDA 6.29.1.10) The AACR2 rules are very complex: First, you must know the accepted legal citation practice in the country where the court is located. Are they cited under the name of a reporter, or under the name of the court? Second, you must determine if the reports are issued by or under the authority of the court. This can be very difficult to determine, and may change from year to year.

  47. 9. Deferred Changes AALL-DCAG submitted a recommendation to ALA that the court should always be the primary access point, since reports are the decisions of the court, and the decisions are created by the court. This recommendation was forwarded to the JSC on Feb. 15, 2011.* *Full text of recommendation is available at: http://www.rda-jsc.org/docs/6JSC-ALA-1.pdf

  48. Questions?? Thank you very much!