foreign & comparative law research training university of miami law library foreign &...
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FOREIGN & COMPARATIVE LAW RESEARCH TRAINING University of Miami Law Library
Foreign & Comparative Law
Spring, 2012
Foreign Law
2012
The domestic law of a
non U.S. jurisdiction.
Comparative Law
2012
The study and evaluationof the differences andsimilarities between two or
more legal systems.
Challenges
2012
Language
2012
Foreign law is usually only
published in the language
of the country.
Availability
2012
Even if you read theappropriate foreignlanguage, it can be difficult to
find the primary materials.
Translations
2012
Translations are rarely official.
Unofficial translations aresecondary sources.
Reliability
2012
Is the translation reliable?
Secondary Sources
2012
Secondary sources areespecially important, since it can
be difficult to find primarymaterials.
Abbreviations
2012
Prince’s Bieber’s Dictionary of Legal Abbreviations – 2009 – book
World Dictionary of Legal Abbreviations – 2001- book
Abbreviations
Cardiff Index to Legal Abbreviations – electronic
2012
Citations
2012
The Bluebook Rule 20: Foreign Materials (page 179)T2 – Jurisdiction Specific citation
Example - Chile
Citations
2012
Guide to Foreign and International Legal Citations, Wolters Kluwer, 2009 (NYU) – book First edition on web – 2006
Citations
2012
Oxford Standard for Citation of Legal Authorities – electronic [OSCOLA]
Foreign Dictionary
2012
Example – English/Spanish and Spanish/English legal dictionary
Books to Get You Started
2012
Mary Ann Glendon, et al. Comparative Legal Traditions: text , materials and cases on Western Law, 3d
Mary Ann Glendon, Comparative Legal Traditions in a Nutshell, 3d ed
Claire Germain, Germain’s Transnational Law Research: a guide for attorneys - 2006
More Books
2012
Marci Hoffman and Mary Rumsey Marci Hoffman and Mary Rumsey InternationalInternational and Foreign Legal Research: a coursebook – 2008– 2008
Modern Legal Systems Cyclopedia – 2005
John Henry Merryman, The Civil Law Tradition: an introduction to the legal systems of Europe and Latin America, 2007
CALI Lessons to Get You Started
2012
CALI Lessons Examples of Lessons: Introduction to Foreign Legal Research, Introduction to Human Rights Research, and Researching Canadian Law: Case Approach.
Research Guides to Get You Started
2012
Institute of Advanced Legal Studies, University of London
LLRX.com
GlobaLex
Research Guides to Get You Started
2012
BerkeleyLaw Library
Duke Law – Library & Technology
TIP 1
2012
Learn about the legal system before looking for the law
Learn how its legal resources arestructured:
what codes or statutes exist,what role case law plays,
etc.
TIP 2
2012
Use secondary resources
This will hopefully lead you to citations to the proper statute, code
or case, etc
TIP 3
2012
Now look for the lawDepending on your Topic
You can use (if one exists) a subject compilation of laws
or You can look for the law by
country
TIP 4
2012
Remember that unofficial translations
are secondary sources
Is the translation a summary or a full
translation?
Legal Systems
2012
CivilCommonCustomaryMuslimMixed
2012
JuriGlobe–World Legal Systems – Research Group
2012
JuriGlobe is a research group formed by professors from the Faculty of Law of the University of Ottawa, which focuses on the development of a multilingual information data bank, accessible to all on the internet, containing general information relating to the different legal systems in the world, to the different official languages and to some of the most important international commercial conventions, as well as other multilateral commercial tools.
Country Reports/Studies
2012
Lexis.com News & Business / Country & Region (excluding U.S.)
Library of CongressCIA World Factbook
Sites
2012
Law Library of Congress – Guide to Law Online
2012
International and Multinational Nations of the World U.S. Federal - includes U.S. Code
and Constitution U.S. States and Territories Guide Index – by Country
Country-by-Country Guides to Foreign Legal Research
2012
Lillian Goldman Law Library (Yale)
Foreign Law Sites
2012
Cornell Law Library Country-by-country listing of information on web. Also includes international and regional information
Foreign Law Guide
2012
Current Sources of Codes and Basic Legislation in Jurisdictions of the World Reynolds and Flores Access – Baron http://baron.law.miami.edu/search/
t?SEARCH=foreign+law+guide
Subscription Databases - http://www.law.miami.edu/library/databases.php
Internet Resources - Foreign
World Legal Information Institute
2012
Access: Internet Resources - Foreign Voluntary Site List of countries with links to legal
material available on the internet 1230 databases from 123
jurisdictions via 14 Legal Information Institutes
Digests
2012
Martindale-Hubbell International Law Digests
2012
Martindale.com – Search the Legal Library – Advanced Search
Country Name
Martindale-Hubbell International Law Digests
2012
Lexis – Print & Electronic [Lexis.com] More advanced searching than with Martindale.com
Legal – find “Laws by Country or Region”- “Foreign Laws & Legal Sources” - International Law Digests
Treatises
2012
Baron “doing business” Brazil
International business transactions with Brazil
Deskbooks
2012
Access – Baron Example
China Law deskbook: a legal guide for foreign-invested enterprises. ABA 2010
Index to Foreign Legal Periodicals
2012
The Index to Foreign Legal Periodicals, produced by The American Association of Law Libraries, provides access to legal literature worldwide, covering all forms of foreign (non-Anglo-American) law.
This includes comparative law and legal systems, such as Islamic law; socialist law; public and private international law; and transnational commercial law. 1985 –
HeinOnline
HeinOnline
2012
Subscription Databases Law Journals
Separate listing for International & Non-US law journals
Yearbooks Browse through different Journals for current
awareness – comparative topics – “I” Search also – do a field search – words in title or
years Table of Contents pdf
Political Database of the Americas
2012
Access: Internet Resources - Foreign
GeorgetownLinks to executive, judicial and legislative information for 35 countries – including constitutions
GLIN – Global Legal Information Network
2012
Public database of official texts of laws, regulations, judicial decisions, and other complementary legal sources contributed by governmental agencies and international organizations.
These GLIN members contribute the full texts of their published documents to the database in their original languages.
Each document is accompanied by a summary in English
All summaries are available to the public, and public access to full texts is also available for most jurisdictions.
Constitution of the Countries of the World
2012
Access: Internet Resources - Foreign Oceana Provides English translations in full-
text of almost 200 country constitutions.
Only one user may access this service at one time.
Constitution Finder
2012
University of Richmond
Government Gazettes Online University of Michigan
2012
Access: Internet Resources – Foreign
Attempts to list all online government gazettes and their characteristics.
A description of the contents and coverage are included for each gazette
Lexis - Foreign
2012
Legal Find Laws by Country or Region
Westlaw - Foreign
2012
Add a Tab
Current Awareness
2012
Library of Congress – Global Legal Monitor The Global Legal Monitor is an
online publication from the Law Library of Congress covering legal news and developments worldwide. It is updated frequently and draws on information from the Global Legal Information Network, official national legal publications, and reliable press sources.
Research Approaches and Strategy
2012
Secondary Sources Use Indexes, Table of Contents
Call an Expert – Librarians, the embassy, etc.