“Abandoning Law Reports for Official Digital Case Law”

“Abandoning Law Reports for Official Digital Case Law” 

Cornell Legal Studies Research Paper No. 11-01
PETER W. MARTIN, Cornell Law School
In 2009, Arkansas ended publication of the Arkansas Reports. Since 1837 this series of volumes, joined in the late twentieth century by the Arkansas Appellate Reports covering the state’s intermediate court of appeals, had served as the official record of Arkansas’s case law. For all decisions handed down after February 12, 2009, not books but a database of electronic documents “created, authenticated, secured, and maintained by the Reporter of Decisions” constitute the “official report” of all Arkansas appellate decisions.
 
The article examines what distinguishes this Arkansas reform from the widespread cessation of public law report publication that occurred during the twentieth century and this new official database from the opinion archives now hosted at the judicial websites of most U.S. appellate courts. It proceeds to explore the distinctive alignment of factors that both led and enabled the Arkansas judiciary to take a step that courts in other jurisdictions, state and federal, have so far resisted. Speculation about which other states have the capability and incentive to follow Arkansas’s lead follows. That, in turn, requires a comparison of the full set of measures the Arkansas Supreme Court and its reporter of decisions have implemented with similar, less comprehensive, initiatives that have taken place elsewhere. Finally, the article considers important issues that have confronted those responsible for building Arkansas’s new system of case law dissemination and the degree to which principal components of this one state’s reform can provide a useful template for other jurisdictions.

Bluebook metastasis

Here’s a great article by Richard Posner:  “The Bluebook Blues, ” 120 Yale L. J. 850 (2011).

The Bluebook: A Uniform System of Citation exemplifies hypertrophy in the anthropological sense.  It is a monstrous growth, remote from the functional need for legal citation forms, that serves obscure needs of the legal culture and its student subculture.

Judge Posner has a short manual for his clerks (written, as the judge notes, chiefly by Stanford Law School’s alumnus Scott Hemphill, now a prof. at Columbia) which includes an appendix on “citation formats.”  The appendix is reproduced in the article and starts with clarity and commonsense:  “No parallel citations in cases; statutory provisions do not need years, unless the point is to identify an old law . . . “

Here at Stanford I can’t count how many times law students have come to the reference desk confused about what year to assign to a United States Code citation.

Read the short book review article – you’ll enjoy it!

Draft Palestinian Legislation found in Al Jazeera’s Leaked Documents

I have located two draft pieces of Palestinian legislation in  Al Jazeera’s Palestinian Papers Web site.  There may be others, but I have not found an efficient way to search the corpus of documents. Al Jazeera has not named their source, so authenticity cannot be verified.

http://english.aljazeera.net/palestinepapers/

1. Draft of Palestinian Police Law (2005)

Text is in Arabic.

http://transparency.aljazeera.net/en/document/287

Summary from Al Jazeera

This is a draft regarding guidelines that govern the Palestinian police which was sent from office of Mahmoud Abbas to the head of the security committee.

2. Draft of National Intelligence Law (2005)

http://transparency.aljazeera.net/en/document/286

Summary from Al Jazeera:

Draft law regulating the General Intelligence body; the document is addressed to the head of the security and internal affairs committees, and the head of the legal committee, asking them to get the draft ready as soon as possible and put it to the legislative council.

New Online News Aggregator “Ongo”

A new, for-pay Web resource called Ongo has launched.

Ongo seeks to aggregate/curate items from many different news outlets, including:

  1. The Washington Post
  2. Associated Press
  3. The New York Times
  4. The Boston Globe
  5. USA Today
  6. The Guardian
  7. The Indianapolis Star
  8. The Miami Herald
  9. The Detroit Free Press

Basic monthly service costs $6.99.

A free, one-day pass is available, as is a free month of service.

There is a tutorial video showing how Ongo works here.

Hat tip to ResourceShelf.com.

Cross-posted at Law Library Blog.

Brazilian Legal Portal: Memes Jurídico

Memes Jurídico: O Portal do Avogado

http://www.memesjuridico.com.br/jportal/portal.jsf

Memes Juridico is a Brazilian legal portal with links to legislation, case law, including  súmulas,  and legal news arranged by topic. Creating an account allows one to access additional materials, most of which are related to Brazilian bar examination materials.

All Website information is in Portuguese.

Book Review: Revue Bibliographique – Le Blog Droit Administratif

The Droit Adminsitratif blog publishes every two month a very handy compilation of new French language titles called “Revue bibliographique.”  The revue includes cover images, summaries, and table of contents.  Book includes various legal topics, not just administrative law. Highly recommended for collection management and acquisition librarians.  The blog also has an interesting “droit et cinema” category.

Le Blog Droit Administratif

http://www.blogdroitadministratif.net/index.php/

Revue Bibliographique Nov/Dec 2010

http://www.blogdroitadministratif.net/index.php/2011/01/01/262-revue-bibliographique-novembre-decembre-2010

Report: Prospects for Iran

Prospects for Iran

Jonathan  S. Paris

London: Legatum Institute (UK), 2011

http://www.li.com/attachments/20110116%20-%20Legatum%20Institute%20-%20Prospects%20for%20Iran.pdf

Table of Contents

Chapter 1: Domestic Considerations

Chapter 2: Nuclear File

Chapter 3: Regional Snapshots

About the author:

Jonathan S. Paris is a London-based security specialist and Non-resident Senior Fellow with

the Atlantic Council of the United States South Asia Center. He is also an Adjunct Fellow at

the Legatum Institute and an Associate Fellow with the International Centre for the Study of

Radicalisation (ICSR) at King’s College London. In 2010, he authored the Legatum Institute’s

Prospects for Pakistan Report.

 

Before moving to London in 2001, he was a Middle East Fellow at the Council on

Foreign Relations in New York from 1995-2000, where he worked on the four MENA

Economic Summits and the Middle East peace process, and was deputy to Paul A. Volcker,

former Federal Reserve Bank Chairman, at the Council’s Middle East Economic Strategy

Group. Jonathan also co-edited the first book on Indonesia’s democratic transition, The

Politics of Post-Suharto Indonesia (Brookings/CFR 1999). A Senior Associate Member at St.

Antony’s College, Oxford from 2004-2005, he is a graduate of Yale University and Stanford

Law School.

 

New Book – Researching Language and the Law: Textual Features and Translation Issues

Davide Simone Giannoni and Celina Frade’s new book “Researching Language and the Law: contains the following chapters that will be of interest to people studying legal translation and interpretation.

Researching Language and the Law: Textual Features and Translation Issues

Davide Simone Giannoni and Celina Frade

Bern: Perter Lang, 2010

Selected Book Chapters:

English Legal Discourse and the French Continuum

Susan Kermas

“What I argue in this chapter is that the unique language contact situation within the EU has triggered another phase of French influence. My examination of English and French legal documents in the Eur-Lex archive … will demonstate not only that many words have been influenced by French, but, more importantly, that efforts to harmonise legal language within the EU may also be creating a further rift between British and American legal discourse and subsequently, ordinary language.”

Axiological Analysis of Entries in a Spanish Law Dictionary and their English Equivalents

Angel M.  Felices Lago

 

Legal Translation and Interpreting in the UK Today

Francisco Vigier

The UK has two main translator and interpeter organizations, the Institute of Translation and Interpreting  and the Charted Institute of Linguists, which are recognised by the government and committed to promote quality in translation and interpreting services. Nonetheless, a translator or interpreter willing to practise in Britain is not bound to belong to any of them. . .”

 

New blog: Translation and Interpretation in America

Translation and Interpretation in America

Professor Gladys Matthews

http://translationandinterpretationinamerica.blogspot.com/

Prof. Matthews has been studying legal translation and interpretation for many years. Her blog will be a welcome addition for those looking for insights into language and law.

From the blog description:

I started this blog today, although it is something I have been thinking about and planning for a long time.  I will be making frequent posts about many different topics in translation and interpretation, so I hope you will check back often. My first posts will be on my current research interests related to the teaching of legal translation and interpretation.

 

Talk by Ambassador Eileen Chamberlain Donohoe at SLS

Eileen Chamberlain Donohoe, the U.S. Permanent Representative to the United Nations Human Rights Council, spoke this afternoon at Stanford Law School. She articulated five goals for the U.S.  in the upcoming years at the Human Rights Council in Geneva.

1. Improve the Council’s ability to respond in real time to human rights emergencies, including taking preventative measures.

2. Support victims of human rights abuses.

3. Promote a more diverse mix of issues that are addressed by the Council.

4. Lower resistance to investigations of violations committed by individual countries.

5. Promote human rights defenders in all jurisdictions.