Monthly Archives: February 2011

California Legislative History – It’s all online, right?

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Here’s a very useful article from the January/February 2011 issue of FORUM, the magazine of the Consumer Attorneys of California.  It is useful, in particular, for pointing out that offline research is often needed, even for new laws.

Budget-Minded Research: California Legislative History

By Carolina Rose

. . . unfortunately, some researchers make the mistake of thinking that if the legislative history is not available on the free website or from Westlaw or LexisNexis, that the records simply do not exist.  Nothing could be further from the truth.  There are many other records that are not included in these databases that can be obtained from other offline sources and that the courts routinely rely on.  For example, in one case . . . the court relied on two records to support its plain meaning of the statute: 1) An unpublished letter from Pacific Gas and Electric Company dated March 8, 1974, found in Assemblyman Charles Warren’s author’s bill file, and 2) a subsequent bill version apparently incorporating the amendment that had been pro[posed and explained in the letter.”

Citing 2 Cal. App. 4th 206, 222-23

. . .

and:

In short, free online California legislative history research from 1993 to current can be a boon to the budget-minded researcher, but it can also give a false sense of security. . . . the absence of valuable legislative history materials from the free online website or the costly, subscription-based online services does not mean that they do  not exist. . . .

The author of the article is co-founder and president of Legislative Research Inc. (LRI) (and a SLS alumna); in the article she summarizes the steps involved in compiling a legislative history and explains the added research a company such as hers can accomplish with feet on the ground — offline — in Sacramento.   You’ll want to know about such offline documents  so as, as she puts it, to not be “blind-sided by opposing counsel’s use of them.”

U.S. Goverment Printing Office & Library of Congress to Digitize Historic Documents

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After receiving approval from the Joint Committee on Printing (JCP) of the U.S. Congress, the U.S. Government Printing Office (GPO) and Library of Congress (LoC) will be working together on a project to digitize certain important legal and legislative documents of the United States. The project will cover public laws and private laws, as well as proposed constitutional amendments passed by Congress, as published in the official U.S. Statutes at Large from 1951-2002. In addition, the GPO and LoC will be digitizing official debates of Congress from the permanent volumes of the Congressional Record from 1873-1998.  These materials will be authenticated and accessible by the public on GPO’s Federal Digital System (FDsys) and the LoC’s THOMAS legislative information system.

Hat tip to ResourceShelf.com.

Cross posted on Law Library Blog.

Diplomat’s Handbook for Democracy Development Support

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Diplomat’s Handbook for Democracy Development Support 2nd ed.

http://diplomatshandbook.org/_resource.html

http://diplomatshandbook.org/pdf/Diplomats_Handbook.pdf

Table of Contents

Preface by President Vaclav Havel

Ministers’ ForewordChapter 1: Introduction

Chapter 2: The International Context

Chapter 3: The Diplomat’s Toolbox

Chapter 4: Conclusions

CASE STUDIES:

Cuban Exceptionalism

Egypt: Will Democracy Succeed the Pharaoh

China’s Fifth Modernization: the Enduring Hope for Democratic Governance

South Africa: “The Long Road to Freedom”

From Independence to Real Democracy – Ukraine’s Orange Revolution

The Fall and Rise of Chilean Democracy: 1973-1989

Belarus: Europe’s Last Dictator?

The Suffering of Burma/Myanmar

Zimbabwe: From Hope to Crisis

Tanzania’s Road to Multi-Party Democracy: Focus on a Single Mission’s Efforts

Found online at http://www.diplomatshandbook.org/Tanzania

Sierra Leone: Belated International Engagement Ends a War, Helps Consolidate a Fragile Democracy. Found online at http://www.diplomatshandbook.org/SierraLeone

Resource List: Donor Organizations, Other Democracy Support Organizations and Election Assistance and Observation Organizations

Annex: International Human Rights Law

From the description:

The Diplomat’s Handbook is a project commissioned by the Community of Democracies, and produced by the Council for a Community of Democracies (CCD). The First Edition was produced with the financial support of the International Center on Nonviolent Conflict, Freedom House, the Princeton Project on National Security, the US Department of State, the Governments of Chile, India, and Morocco, and the Department of Foreign Affairs and International Trade of the Government of Canada.

The Handbook project was conceived by Ambassador Mark Palmer. Preparation of the Handbook has been a partnership between Project Head, Ambassador Jeremy Kinsman (jeremykinsman@diplomatshandbook.org), who has been principally responsible for the text of the Handbook itself, and the Director of Research, Kurt Bassuener (kurtbassuener@diplomatshandbook.org), who has been principally responsible for producing the Handbook’s case studies

The text which follows and the case studies benefit from the generous contributions and advice of many former and current diplomatic practitioners, scholars, members of policy centers and nongovernmental organizations, and development experts. The case study on China was drafted by Chantal Meagher, the case study on Cuba by Jeremy Kinsman, and the case study on Egypt by a variety of experts, including Stephen McInerney, Moataz El Fegiery, Michele Dunne and Issandr El Amrani. The Belarus and Ukraine case study updates were undertaken with the assistance of Iryna Chupryna of the Democratization Policy Council.

 

 

2 Television Documentaries on the UK Supreme Court

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Britain’s Supreme Court

http://www.channel4.com/programmes/britains-supreme-court/episode-guide/series-1/episode-1

Description from the Channel 4 /More4 Web site:

This gripping, feature-length documentary charts the first year in the life of Britain’s new Supreme Court – the highest court in the land. With unprecedented access the film meets the judges, lawyers and ordinary people whose cases will have a far-reaching effect on the everyday lives of others across the UK.

For those bringing these high-profile cases to court there is a lot at stake, and the programme reveals their hopes and fears as they and their legal teams come face-to-face with the most powerful judges in the UK.

The judges have allowed proceedings to be filmed and, uniquely, justice is seen unfolding as judges and lawyers – the finest legal minds in the country – debate key contemporary issues. See David and Goliath battles of individuals challenging the state, the outcomes of which help to define the nature of society today.

 

The Highest Court in the Land: Justice Makers (clips only)

BBC

http://www.bbc.co.uk/programmes/b00xz0s5

Description from the BBC  Web site:

They are the UK’s most powerful arbiters of justice and now, for the first time, four of the Justices of the Supreme Court talk frankly and openly about the nature of justice and how they make their decisions. The film offers a revealing glimpse of the human characters behind the judgments and explores why the Supreme Court and its members are fundamental to our democracy.

The 11 men and one woman who make up the UK Supreme Court have the last say on the most controversial and difficult cases in the land. What they decide binds every citizen. But are their rulings always fair, do their feelings ever get in the way of their judgments and are they always right?

In the first 14 months of the court they have ruled on MPs’ expenses, which led to David Chaytor’s prosecution, changed the status of pre-nuptial agreements and battled with the government over control orders and the Human Rights Act.

They explain what happens when they cannot agree and there is a divided judgment, and how they avoid letting their personal feelings effect their interpretation of the law. And they face up to the difficult issue of diversity; there is only one woman on the court, and she is the only Justice who went to a non-fee-paying school.

 

Other BBC shows on justice and legal issue sare available at:

Justice a Citizen’s Guide

http://www.bbc.co.uk/tv/seasons/justiceseason/

 

 

 

 

Legal Research Methods in a Modern World: A Coursebook

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Together with my Stanford Law School colleague George D. Wilson and our friend and Danish legal scholar Henrik Spang-Hanssen, we have just published the third edition of our legal research book, a revision of Legal Research Methods in the U.S. and Europe, 2nd Edition.  But with the inclusion of short but good (in my opinion) chapters on legal research in China and Russia and some other materials, we have changed the title to Legal Research Methods in a Modern World: A Coursebook.

The book, now weighing in at 453 pages (and bargain priced at $ 55.00), is rich with illustrations and peppered with legal research tips.  My contribution is mainly Chapter 5, about legal research methods in the United States, and it is based upon and follows the advanced legal research class that I co-teach here at Stanford.  New to this edition, in addition to other updates, is the inclusion of research exercises that we have found most useful from the class.  I did not include the answers — because I hope to continue to use these exercises — but I would be very happy to share the answers and my thoughts on approaches with other instructors of legal research.

The legal world is certainly getting smaller, and it is our shared belief that this would be handy book for any attorney to have as he or she deals with lawyers from other countries and their legal cultures.

The book should be available from Amazon.com; but if not, or if you want to order copies in mass quantities, the U.S. distributor is International Specialized Book Services.  For other countries, the distributor is Marston Book Services.

We also have a corresponding website here.

UK Judicial Views on Human Rights and Judicial Accountability

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The UK Human Rights Blog wrote about two recent speeches by British senior judges, the President of the UK Supreme Court and Master of the Rolls, reflecting on judicial review and the role of the Human Rights Act.  Egypt’s new rulers and opposition leaders may wish to consult these documents as they create new mechanisms for Egyptian courts to check executive and legislative power and protect human rights.

Judicial Independence & Accountability: A View from the Supreme Court

Lord Phillips, President of the UK Supreme Court

8 Feb. 2011

http://www.supremecourt.gov.uk/docs/speech_110208.pdf

 

Protecting Human Rights in an Age of Insecurity

Lord Neuberger of Abbotsbury, Master of the Rolls

7 Feb. 2011

http://www.judiciary.gov.uk/Resources/JCO/Documents/Speeches/mr-speech-cla-07022011.pdf

Description of the speeches from the blog posting

http://ukhumanrightsblog.com/2011/02/09/justice-in-the-age-of-insecurity/#more-6838

Two of the UK’s top judges have given fascinating speeches this week on justice in the age of insecurity. One by the head of the supreme court warns that budget cuts will imperil the independence of the judiciary. The other by the head of the court of appeal, argues that despite not being able to tell the government what to do, UK courts can provide effective protection of fundamental rights.

The speeches offer fascinating and sometimes controversial perspectives on our odd but in many ways admirable constitutional system, as well as warnings that strained budgets and political meddling could do it damage.

Hat tip to Adam Wagner of UK Human Rights Blog.

 

 

 

 

 

Links from the Constitutional Court of South Korea

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The English language site of the Constitutional Court of South Korea provides links to supreme and constitutional courts of individual countries arranged by continent.

There are also links to a few selected international tribunals and five Korean government Web sites that provide resources in English, including the Ministry of Government Legislation (Korea Law in English)

http://english.ccourt.go.kr/

Click on “Legal Links” from the homepage.

War Cry of the Tiger Librarian?

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Tiger mom I am not.  Just spend an hour with my family.  Garbage describes the stuff that doesn’t get recycled or composted.  And, the closest we get to music lessons are our regular iPod dance parties.

That being said, I think I might be a bit of tiger librarian (or would it be lion?).   And, I think it is a good thing.

Tiger librarians love the hunt: the hunt for information; roaming the stacks or the web.   Stalking the answer is half the fun.

Tiger librarians also ferociously scrutinize invoices and bills.  Double-digit increases make us roar and complain and nag in a way that makes most tigers look like house cats.

Tiger librarians spend their ‘free’ time doing things like building web sites, blogging, advocating for better access to government information.

Tiger librarians aren’t quiet, either.

Are you a tiger librarian?  Tell me why in the comments below.  (We’ll talk t-shirts later.)

Indigenous Rights Case Law Database from CEPMLP

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Court Interpretation of Indigenous Agreements: Database

The Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) – University of Dundee (Scotland)

http://www.dundee.ac.uk/cepmlp/mining/indigenous/

From the database description:

This database has been compiled from over 200 cases and articles from courts/tribunals in Australia, Canada, New Zealand and the United States of America. The decisions collated for the database are those that interpret or apply documents involving indigenous parties. The database records, for each decision:

  • a brief summary of the decision (including URL where available);
  • the details of the document(s) involving indigenous parties; and
  • a summary of the court’s/tribunal’s engagement with that document.

The database’s search function allows users to focus and find decisions and articles according to particular need. For example, if researching the relevance of fiduciary obligations in relation to indigenous agreements, the database allows quick collation of all materials relevant to that.

 

 

 

 

 

Professional Adjunct Instructors Association (PAIA)

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Professional Adjunct Instructors Association (PAIA)

http://paiassoc.wordpress.com/

Dr. Allison Friederichs, co-founderDr. C.J. Remmo, co-founder

The site includes a “Resources” page with links to information on teaching, publishing and classroom  assessment.

From the PAIA mission statement:

The Professional Adjunct Instructors Association is a nonprofit organization founded on the principle of recognizing and enhancing the value of the adjunct instructor’s role in higher education.  We believe that many adjunct instructors possess a wealth of knowledge, experience, and passion to offer higher education institutions and their students.  PAIA exists to facilitate the processes by which institutions maximize the potential adjunct instructors bring to higher education.

PAIA is committed to teaching as an art form, care for students, and improving the adjunct-institution relationship.  Our primary focus is to provide adjunct instructors with resources to continually improve teaching and curriculum design skills with a student-oriented focus.  Additionally, PAIA is dedicated to developing strong relationships with colleges and universities to ensure that our professional adjunct members meet the high standards set forth by these institutions.