ࡱ> rtq lbjbjVV j|<<D66yy$<)T-z}5555rl8,,,,,,,/1|,y|yy,yy55kR-%%%y`y855,%y,%%:*,*5piq * s,h-0-*.02"02*02*|2Hz%d Y222,,}$222-yyyy022222222226 ?:  First lecture: Welcome, take the handouts. Mostly housekeeping today, then some basic searching. Goal of class: ability to evaluate sources, familiarity with basic tools and techniques for foreign and international legal research, and ninja searching skills. I would like to keep the class friendly and informal. This is not a legal philosophy seminar with Brian Bix. It is not going to tax your brain the way evidence or jurisprudence does. Its a skills class, focusing on problem-solving. All of you are capable of doing a great job in the class and of getting an A. Attendance sheet and participation. I will be taking attendance every class session. Sign-in sheet. Attendance and class participation are 5% of your grade. Try to let me know in advance when youre going to miss class, even if its just by emailing me an hour or so before. Were all subject to getting sick, having car trouble, being abducted by aliens, so missing one or maybe two classes is understandable. But Im getting more cynical over the years so make the excuses plausible. Unfortunately I havent figured out a way to have good participation during the routine lectures. There will be some in-class stuff thats more active, like in-class research. This class tends to attract students who have worked with some international or foreign legal research, and I would appreciate your contributions to class a nice change from my lecturing. I am not going to call on people who dont want to be called on. I would like to have you bring your laptop, if possible, so we can do some searching in class. If not, you can share with someone.law students remember how to share, right? Another way you can participate is by asking for help at the ref desk (asking for help is a very useful skill to learn). Reading assignments People dont learn much legal research by reading long essays, bibliographies, or research guides. The way you use reading material when youre researching is usually to skim it or to read only small sections of it carefully. I have listed reading assignments on the syllabus and they will help you complete the assignments. However, the best way to use them is probably to skim them before class and then refer to them in more detail when youre doing the assignments. Some of the questions on the exercises will refer to sources that are in the book but that we wont get to in class. I put two copies of the text on reserve. People also dont learn much legal research by listening to lectures. Therefore we will be doing exercises to find information. I think this is the best way to learn. Many of the questions on the exercises are ones that I have been asked by attorneys or law students. The emphasis is on electronic sources because I think you are most likely to have access to these in your law practice. However, well be looking at some books too. Generally, for the assignments you can choose what tool to use. At other times, however, I will require you to explore a particular tool. This includes forcing you to use particular databases and a few books. Assignments: Generally I will pass out an assignment at every class session. Usually these will be due the following week. I am going to take a point off for each day an assignment is overdue. I found that if I accepted late assignments without penalty some students would leave them until the end of the semester, and the assignments are supposed to build skills as you go along. This is going to sound really cold, but if you cant manage your time well enough to get the assignment done in a week, you might want to reconsider law practice. Its okay to talk with others on the assignments and even work with them as long as you dont just divide the assignments in half. I want you to understand how to find all the answers. You can handwrite your answers. There is a TWEN site for this class that you should register for. Let me know if you need help doing that. I will also put the exercises on the TWEN site and you can download them and add the answers on your computer. I don t care which it s up to you. Office hours: You can visit me in my office nearly anytime (other times I m down at the reference desk ). I have to keep my office door shut so that I can listen to music, but please feel free to knock. LInterest surveyfill out and return to me today or next week. What the course will cover. Mostly international law topics, unless the interest survey shows a huge interest in foreign law of particular countries. Legal research is moving more to electronic sources and these change more quickly than printed sources. Therefore we will also try to concentrate on general research techniques rather than memorizing the ins and outs of particular sources. Electronic sourcesmany are free on the internet. Governments are putting their laws online, and common law jurisdictions those in which court decisions are important as precedent are putting their cases online too. Generally government websites arent as easy to use as electronic databases that you pay for. For example you probably all use Westlaw and Lexis to look for US statutes, even though that information is free on the web. Often, though, if you are in one country and you need the laws of another country, you will not have access to the subscription-based databases of the laws of that country. So you will need to use the government websites. Well focus on web research techniques in a few weeks, but we will be also using web sources as we go through the various topics on the syllabus. Also I integrate Westlaw and Lexis sources throughout the semester. If you dont have Westlaw or Lexis passwords, you should get them. Send me an email and I can help with that. End of housekeepingAny questions? Some basic concepts: International law Many people lump international law and foreign law together. Specifically, what we might call  foreign law  the law of a foreign country is sometimes called  international law. For example, one of the tools you ll use is called the L Martindale Hubbell International Law Digest. This database has a few international treaties, but 95% it is short summaries of the law of foreign countries, from Argentina to Vietnam. In this class, when we talk about foreign law were talking about the internal laws of a country that is not the US. You may also see references to municipal law. This can be a confusing term because in the US we refer to a citys charter and ordinances, and other law relating to cities, as municipal law. But in the international and foreign law context, municipal law means foreign law. In talking about international law, you may hear the terms Public International Law and Private International Law Public international law governs the relationships between national governments, the relationships between intergovernmental organizations, and the relationships between national governments and intergovernmental organizations. More recently in international law, it can also include relations between a nation and the citizens or subjects of another nation. It regulates governments and intergovernmental organizations across national boundaries. This is the stuff you learned about if you took Prof. Morrisons International Law Class. Private international law governs the choice of law to apply when conflicts arise between the municipal law of different countries related to private transactions between entities (persons, business organizations, etc.) within those countries. Private international law is sometimes known as conflicts of laws, though not so much any more. If youre taking International Contracts, or Professor Grosss class on International Business Transactions, thats generally private law. Increasingly, youll hear the term transnational law -- used to mean different things, but more like private international law than anything else. Used to describe law that affects transactions or events across borders. For research purposes, you need to know the sources of law for any area you research. Public international law is based mostly on international treaties and customs, whereas private international law has been until lately based mostly on domestic laws of nations. In talking about foreign law, you should be familiar with the different types of legal systems and the relevant sources of law in each. For example: There are common law systems like the US, and civil law systems like Germany and France. Also lots of hybrid systems. In all jurisdictions except some Islamic legal systems, constitutions, statutes and regulations are primary sources of law. Court decisions are additional primary sources of law in common law jurisdictions. Islamic law systems are becoming increasingly important. They often incorporate features of civil law systems. BASIC legal research skills  SHOW AND TELL PORTION MNCAT searching We look at MNCAT not because you will live in MN forever, but because you will probably need to use local law library resourcesdetails of searching catalogs arent as important as learning the different ways you can searche.g., titles, subjects, keywords, limiting to languages or by date. Background about library catalogs. Use standardized terms subject headings(though humans pick them, so not always perfect). And use standardized call numbers that determine where a book goes on the shelf. Sometimes very similar items are near each other, but keep in mind that a survey of European contract law with a great chapter on Dutch law wont be next to a book thats just about Dutch contract law. MNCAT shows materials that the library owns. Not just the law library but all U of M campuses. You can limit to Law Library. Important to know that you cant search for particular articles using MNCAT. For example, if someone tells you to look for an article by Christine Chinkin in the American Journal of International Law, you cant look for it by doing a search by author in MNCAT. You can use MNCAT to see if we own the American Journal of International Law. You can use MNCAT to look for books by Christine Chinkin and to see if theyre checked out. MNCAT will tell you the call number that will help you find the book in the library. There are two versions of MNCATone is now called MNCAT Classic, the other is MNCAT Plus. Basically MNCAT Plus is supposed to work more like Googlefor example it gives you a list of results by relevance, not by date. Ill talk about MNCAT Classic first. MNCAT Classic can be searched by subject, author, title, and keyword. The general keyword search is the most powerful (i.e., gets the mostnot always the best) because it searches for your terms within the entire bibliographic record (author, title, notes, subject headings portions). With keyword searching, you can use connectors such as NOT and OR, truncate your terms by using a ? sign, and limit your search by the author, title or subject fields. Examples: looking for books on international distribution agreements LTruncate cut short the word agreement by writing agreement? (Because unlike LX and WL, MNCAT and most library catalogs don t automatically look for plurals) TRUNCATION is an important concept in searching. Word root, forms of words. May be different ways to get forms of words and to get plurals. Learn truncation tools in the databases you use. SHOW international distribut? agreement? In title keywords (Mncat implies and) Keyword searching isnt always the answer, though. For one thing, you can get too muchand some of it may be garbage. If you look for Law and Images you could get a book by Robert Law on Images in Poetry. Limit by fields: You can look for United Nations materials on the death penalty. Maybe you dont know the exact part of the United Nations that issued some reports on this topic. FIELDS are ways of dividing up data (usually by embedding markup language) within electronic data. They allow for more precise searching. For example, when you are looking for the text of a certain case, you dont want all the other cases that mention that case. Restricting your search to the TITLE field is the way to make your results more precise. LUse fields Keyword united nations in AUTHOR field, death penalty? in TITLE field. Limit to Law Library Trying to narrow keyword searching to  title keyword which is also called  words in title searching can also miss good items. For example, a book about torture may not use the term  torture in the title. If you want to find the useful books, find the subject headings and check for those. (However, even excellent catalogers at U of M sometimes miss things, so be flexible.) LSHOW (Pick the first title, show FULL RECORD --subject heading: All Subjects : Capital punishment) Explain ignoring popup boxjust pick first one. Note how many titles retrieved. Using MNCAT, find a journal that focuses on human rights in pakistan. Use the dropdown menus in Advanced Search to specify that you want a journal. Give its title: Human rights monitor : a report on the situation of religious minorities in Pakistan. State of human rights in Pakistan. HRCP newsletter MNCAT Plus. Generally, better for when you don t know a particular thing that you re looking for, but are just searching by keywords to find something about a topic. Very few libraries have everything. WORLDCAT. Union catalog. LSHOW Worldcat keywords international humanitarian law year 2005 Does the U own the first item you retrieve? Periodical indexes whybecause often a secondary source would be helpful but theres not a book on the subject you need. There are lots of articles that look at foreign law, especially ones comparing foreign law to US law. LShow ILP US mil bases, military personnel who marry germans...and divorce them, and get into custody disputes. child custody AND german* Show LegalTrac  another legal periodicals index, covers legal newspapers which ILP doesn t Finding a subject in LegalTrac. Subject guide: Look for the term spam filter as a keyword. What does LegalTrac suggest you use as a subject (email filtering) Finding whether a journal is indexed. Not all journals are indexed in LegalTrac, or the Index to Legal Periodicals. If theyre not indexed, some have end-of-the-year indexes where you have to search year by year. So --for example, if you know that theres a journal on internet jurisdiction, and you want to look for articles on internet libel, youd want to check to see whether LegalTrac indexed the journal before you searched LegalTrac. You check using the Title list. Using the Title List, does LegalTrac index the journal Adelaide Law Review? Index to Foreign Legal Periodicals picks up articles in non-english-language journals. Sometimes attorneys will pay for them to be translated, or find someone in their firm who reads the language in question. LShow IFLP German* AND child* AND divorc* Show subject headings in English [can t use this in class because we only have license for one user at a time] You may have tried to look for law review articles in the Lexis and Westlaw databases of law revicdeu B z E F G i \ 1 (xz/;RT1d~񾺾h8"h1&hr hwh_)5hOhcQh>h\Gh";hrhc8 h5\hwh1=h%1IhoEhFhsShth7Jhh_) h Fh F9de F G 2 3 )yzZ[./SSTbd>?@b!gd8"*=?@\=!!"&"Q"S"())))**, - - -!-#-2-Y.//2333555666@77`8a8t8~88쿱쭩졖쒎hHhi:hph5OJQJ\hh y2hh gGjhUmHnHuhn*h7Jh56\]h# hShOJQJhH h5\hh_)h8"h8"OJQJ6b!7$8$s$$$$$&&(())))**$+y,z,,,, - -"-#-Y.Z.Z.//x022^3_333L5M555>77788898:9:;<?J@K@cccgd y2888899998::;<<h<<D>R>????@@@6@H@J@|@@@@7AAAAAC C CCCCCD0D1D¾񳬳z hnK5\ h 5\ h=[5\h=[5OJQJ\ hnK\ h=[\h=[hnK\ h8"5\ h5\h *Qh8"h=[h Cuh)h5OJQJ\hfhhOJQJhsShi:h h5\hhH-K@|@@@6A7AGAHAAAAAAABBCCCD1D2DED ) p@ P !gd8" ) p@ P !1$7$8$H$gd8"1D2DDDFF FFGGGGH HH/H:HHHKHHHHI!IeIfInIIIIKJlJJKKLLLLL$L&L:LMdddeeeeeeeeecfdfffffffggews. That can be very frustrating because of the nature of searching very long documents. You get increasing retrieval and decreasing relevance. How to get more relevance? 1. Limit your search to subgroups of the law review databases. 2. Limit your search to title field. 3. Use the atleast feature to require that your search term appears several times, not just somewhere in one footnote. Even betteruse a periodicals index. IN-CLASS exercises: MNCAT Using MNCAT Classic find a 2010 document written by the UN about climate change. Whats the title? (Financing global climate change mitigation) Using MNCAT Plus, look for international joint ventures. What is the first subject heading listed on the left-hand side? -- joint ventures Index to Legal Periodicals Look for an article that discusses the European Union and social networking What is the subject heading?  HYPERLINK "javascript:%20void%200;" Social networks/Internet resources; Most recent article Privacy and social networks  HYPERLINK "javascript:%20void%200%20" Van Eecke, Patrick;  HYPERLINK "javascript:%20void%200%20" Truyens, MaartenJournal Name: HYPERLINK "javascript:%20void%200%20" Computer Law & Security Review Some key free websites for international/foreign legal research: Using  HYPERLINK "http://www.juriglobe.ca/" http://www.juriglobe.ca/ , what type of legal system does Chad have? [Mixed civil and customary] Using  HYPERLINK "http://www-personal.umich.edu/~graceyor/doctemp/gazettes/index.htm" http://www-personal.umich.edu/~graceyor/doctemp/gazettes/index.htm what is the official gazette of the Netherlands? Staatsblad van het Koninkrijk der Nederlanden Using  HYPERLINK "http://www.legalabbrevs.cardiff.ac.uk/" http://www.legalabbrevs.cardiff.ac.uk/, for what publication does the abbreviation B.G.B. stand? Burgerliches Gesetzbuch Using the Legal Scholarship Network,  HYPERLINK "http://www.ssrn.com/lsn/index.html" http://www.ssrn.com/lsn/index.html, find a 2010 paper on  HYPERLINK "http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1505543" \t "_top" Regional Competition Law Agreements Who is the author?  HYPERLINK "http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=163287" \t "163287" Michal S. 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