Increasing Public Access to Government Data and Laws

Our friend and hero Carl Malamud is quoted in a “special report on managing information” from the February 25, 2010 issue of The Economist.

We’ll be making the article, “The open society: Governments are letting in the light,” required reading for our advanced legal research class.

The article discusses efforts and impediments, at both the local and national level, to making government information freely available.

Locally the article quotes San Francisco CIO Chris Vein on how “providing more information can make government more efficient.”  An example is a site called San Francisco Crimespotting ”that layers historical crime figures on top of map information.”  The article notes that “[o]ther cities, including New York, Chicago and Washington, DC, are racing ahead as well.”

The article goes on to say that “[o]ther parts of the world are also beginning to move to greater openness.  A European Commission directive in 2005 called for making public-sector information more accessible.”

The article also discusses some of the impediments, such as Crown copyright where “in Britain and the Commonwealth countries most government data is state property” and there are use constraints, and PACER’s paywall.

The direction is for more openness and for “new forms of collaboration between the public and private sectors.”  And as the article concludes:

John Stuart Mill in 1861 called for “the widest participation in the details of judicial and administrative business . . . above all by the utmost possible publicity.” These days, that includes the greatest possible disclosure of data by electronic means.

Online: Laws on Government Organization Restructuring Government for the Future of Korea

South Korea’s Ministry of Government Legislation has posted the following online book: “Laws on Government Organization Restructuring Government for the Future of Korea (2008 ed.)” The book includes a guide to Korea’s legislative system and procedure.

http://www.moleg.go.kr/english/notice?pstSeq=46838&pageIndex=6

The books includes the full-text of 4 statutes in English:

Government Organization Act

Act of the Establishment of the Financial Services Commission

Act on the Establishment and Operation of the Broadcasting and Communications Commission

Act on Designation and Management of Free Trade Zones

British Library Warning as to Potential for Loss of United Kingdom’s Online/Web Heritage

The British Library is warning of the potential for the United Kingdom to lose its online/Web heritage.

See the BBC News article:

“British Library warns UK’s web heritage ‘could be lost’”

For information on the British Library’s web archive efforts see:

Web Archiving Programme

Cross-posted on Law Library Blog.

Annotated Bibliography of Spanish-English Legal Translation and Interpretation

Professor Gladys Matthews of the College of Charleston reviews various Spanish langauge legal dictionaries and bilingual legal dictionaries in the following article available online:

An Annotated Bibliography of Spanish-English Legal Translation and Interpretation

Gladys Matthews

Proteus Newsletter of the National Association of Judiciary Interpreters and Translators

Vol. 19,  No.1 (Spring 2010)

Pages 9-12.

Online version of article is only available to members of NAJIT.

http://www.najit.org/publications/proteus.php

SSRN: Judgment in the First Case Before the African Court on Human and Peoples’ Rights

Available on SSRN:

Judgment in the First Case Before the African Court on Human and Peoples’ Rights: A Missed Opportunity or Mockery of International Law in Africa?

Chacha Bhoke Murungu

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1526539

Full-text of the court’s decision can be found at the Minnesota Human Rights Library: In the Matter of Michelot Yogogombaye v. Republic of Senegal.

http://www1.umn.edu/humanrts/africa/comcases/1-2008.pdf

http://www1.umn.edu/humanrts/africa/comcases/1-2008b.pdf

 

Article Abstract:     
On 15 December 2009 the African Court on Human and Peoples’ Rights (‘the African Human Rights Court, or ‘the court’) sitting in Arusha, Tanzania delivered its first ever judgment. The purpose of this article is to reflect and comment on several issues and principles found in this first ever case to be filed before the court. In the course of discussion, the article will present the conclusion reached by the court and the Separate Opinion of Judge Fatsah Ouguergouz. At first, a discussion is on the arguments raised by the applicant, Mr Michelot Yogogombaye against Senegal in respect of the on-going legal proceedings instituted in Senegal against Hissene Habre, former President of Chad, charging him with crimes against humanity, particularly torture committed in Chad between 1982 and December 1990. Then, a discussion is on Senegal’s preliminary objections to the application touching on the lack of jurisdiction by the court on the basis that Senegal has not made a declaration under article 34(6) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (the Protocol) allowing individuals to institute cases against it before the court.

Although the judgment of the court did not go into the merits of the case, this article discusses the implications that the judgment would have had on the developments of international law in Africa, had it gone into merits and substance of the case. It examines several key issues that had been raised by the applicant before the court. These include ‘functional immunity’ of former heads of state in relation to serious human rights violations as alluded to by the applicant; the principle of ‘universal jurisdiction’; retroactivity of penal laws; status of a political asylee under the law on refugees; issues of access to the court by individuals under the concept of personal jurisdiction (jurisdiction ratione personae) as reflected in article 5(3) of the Protocol, and whether the court may ‘receive’ applications from individuals against a state which has not made an express declaration under article 34(6) of the Protocol. In this connection, the article follows the interpretation of the words ‘receive’ and shall’ as found in articles 5(3) and 34(6) of the Protocol, and offers its own interpretation of ‘individuals’ as used in the same provisions of the Protocol. Further, it examines the possibility of the court’s judgment to suspend the decision of the Assembly of the African Union (AU) mandating Senegal to try Hissene Habre. The article further examines whether the court had been seized with an opportunity to develop its own jurisprudence on international law in Africa, in line with the provisions of the Protocol.

In addition to the questions raised, the article also examines whether the applicant in the case had indeed understood some of the principles he contended that Senegal has violated in prosecuting Hissene Habre or his arguments are simply a mockery of international law and obligations of states in the prosecution and punishment of individuals who commit human rights violations.

To understand the context of the judgment of the court, it is necessary that the application and preliminary objections as well as statement of defense filed before the court be discussed as a whole. But, before attempting to discuss the judgment of the court, it is necessary to consider the pre-existing legal proceedings against Mr Hissene Habre and Senegal before different legal and judicial institutions in the world. These proceedings will inform the readers about the context within which the present judgment of the court came into being. For brevity reasons, it suffices to highlight here that Hissene Habre sits at the centre of various legal proceedings before national and international judicial bodies. The prior legal proceedings that had been instituted against Mr Hissene Habre in Senegal and Belgium, as well as against Senegal before the United Nations Committee against Torture (CAT) and the International Court of Justice (ICJ) are the ones that also have an impact on the first case before the African Human Rights Court. What follows below is now a discussion on the judgment in the first case before the African Human Rights Court and its

Articles on UK Human Rights Act

Today’s Times of London runs two articles focusing on criticisms of UK”s Human Rights Act

Repealing the Human Rights Act May Not Be as Alarming as it Seems 

Prof. Vernon Bogdanor

http://business.timesonline.co.uk/tol/business/law/article7030952.ece?&EMC-Bltn=PNSCX2F

Businesses are Behind the Big Increases on Human Rights Cases

Frances Gibb

http://business.timesonline.co.uk/tol/business/law/columnists/article7031129.ece?&EMC-Bltn=PNSCX2F

Ending Copyright Claims in State Primary Legal Materials

Katie Fortney —  a recent San Jose State University (SJSU) School of Library and Information Science (SLIS) graduate (MLIS) and Librarian and Docketing Clerk at Simpson Thacher & Bartlett LLP in Palo Alto, California, as well as a former intern at the Robert Crown Law Library at Stanford Law School — has contributed “Ending Copyright Claims in State Primary Legal Materials: Toward an Open Source Legal System” in the latest issue of Law Library Journal, vol. 102(1), pages 59-68.

As stated — importantly — in the abstract to her article:

An informed democratic society needs open access to the law, but states’ attempts to protect copyright interests in their laws are a major roadblock [boldface added].

She considers, among other things, the complexity of copyright law for state and local government works, plus how that law could be changed (by 3 main avenues: legislation, litigation, and persuasion).

Article on French Legal Blogs – La Blogosphère Avocats

La Semaine Juridique recently published a short article on legal blogs in France. It profiles the blog portal, La Blogosphère Avocats, which lists hundreds of blogs by subject and location.

Le barrau virtuel des avocats blogueurs

Aurélie Taschon

La Semaine Juridique 18 January 2010, No.3 page 72.

Yann Gre’s blog has posted a  copy of the article:

http://2.bp.blogspot.com/_SWauszTszwA/S3U1OEUitXI/AAAAAAAABjk/GV_iw2C1JOU/s1600-h/Lebarreauvirtuel.jpg

Here is a partial list of the blogs profiled:

La Blogosphère Avocats  http://avocats.fr/portal/la-blogosphere/

Yann Gré

http://yanngre.blogspot.com/

Veronique Levrard

http://avocats.fr/space/veronique.levrard

Laurence Leraille

http://avocats.fr/space/laurence.leraille

Annabel Rideau

http://avocats.fr/space/annabel.rideau

Ley.mx

Our friends at Justia have released Ley.mx, a portal of Mexican statutes and regulations. The site includes federal and state constitutions, codes, statutes, and regulations. Materials are available in HTML and Pdf formats. The Web site also posts legal news alerts and has useful links to u publications, law schools, and law firms.  Along with UNAM’s Unidad de Documentación de Legislación y Jurisprudencia, Ley.mx offers another free portal to Mexican primary legal resources. Many thanks to the folks at Justia for all their excellent work.

Ley.mx

http://www.ley.mx/

Report on Nepal’s New Draft Constitution

NYU School of Law’s Center for Human Rights and Global Justice has released the following report:

Rights Within Reach: Securing Equality and Human Rights in Nepal’s New Constitution
http://www.chrgj.org/projects/docs/rightswithinreach.pdf

From the report’s conclusion:

Ending centuries of caste-based discrimination and ensuring Dalit rights in both public and private spheres must be a central feature of Nepal’s long awaited social, political, and economic transformation.

The new Constitution will serve as the basis for the development and enforcement of legislative, administrative, budgetary, judicial, and educational measures that are necessary to secure this transformation. The drafting of the new Constitution presents the Constituent Assembly with the profound opportunity to demonstrate Nepal’s commitment to human rights and to affirm the inherent dignity of all individuals. Many of the Thematic Committees’ proposals for the new Constitution take significant steps toward meeting these goals. However, as noted throughout this Statement and the accompanying Chart, in order for Nepal to meet its human rights obligations, certain revisions to the proposals are needed. In addition, rights that are not currently reflected in the proposals must be included and guaranteed. CHRGJ strongly encourages members of the Constituent Assembly to consider these recommendations as they deliberate on and draft the new Constitution.