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Introduction to Foreign Legal Research

Introduction to Foreign Legal Research. April 2012. Overview. Basic introduction Out-of-class research exercise will be distributed later this week Want to learn more? E579 International and Foreign Law Research. Definitions. Foreign Law

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Introduction to Foreign Legal Research

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  1. Introduction to Foreign Legal Research April 2012

  2. Overview • Basic introduction • Out-of-class research exercise will be distributed later this week • Want to learn more? E579 International and Foreign Law Research

  3. Definitions • Foreign Law • The national, or domestic, law of any country other than the one within which you are working • No effect outside the boundaries of that nation • Comparative Law • The study of the similarities and / or differences between two or more countries or between two or more legal systems

  4. Comparative Law

  5. Research Strategy • Preliminary analysis • Assess knowledge • Use secondary sources to get background on topic • Retrieve and analyze primary legal materials (constitutions, legislation, regulations, cases) • Update your research and refine conclusions

  6. Research Guides • Written guidance on how to research a particular jurisdiction or topic of law • Descriptions of print and online sources for researching a particular country’s law, or a particular foreign law topic • Can help identify sources of English-language translations of laws • Gallagher Foreign, Comparative, and International Law Guide: http://lib.law.washington.edu/ref/fcil.html • Other Guides: • Globalex (NYU) http://www.nyulawglobla.org/globalex/ • LLRX http://www.llrx.com/category/1050

  7. COMMON LAW SYSTEM (E.G., UNITED STATES) CIVIL LAW SYSTEM (E.G., FRANCE) FOREIGN LAW: PRIMARY SOURCES Constitutions Statutes/Codes Regulations Cases Constitutions Statutes/Codes Regulations

  8. Overview of a Foreign Nation’s Legal System • Modern Legal Systems Cyclopedia K530 .M63 1984 (Reference Area) • Foreign Law Guide (a/k/a “Reynolds & Flores”) • Gallagher home page > Selected Databases

  9. Class Exercise • Use Foreign Law Guide http://www.foreignlawguide.com/ip/ and Globalexhttp://www.nyulawglobal.org/Globalex/) • Compare entries for South Africa. Information on: • legal history? • guidance on how to cite legal materials? • identification of bankruptcy laws? • information on structure of judicial system?

  10. Constitutions • Constitutions of the Countries of the World K3157.A2 B58 1971 (Reference Area) • Constitution Finder, University of Richmond http://confinder.richmond.edu

  11. Finding Foreign Legal Materials Online: Commercial Sources • Westlaw • Westlaw Classic: Select the DIRECTORY > International/Worldwide Materials > Select region • WestlawNext: Select the DIRECTORY > International Materials > International/Worldwide Materials > Select region • LexisNexis • Primary foreign law databases • Select LEGAL Tab > Area of Law by Topic > Foreign Laws and Legal Sources > select country or region • Martindale Hubbell International Law Digest • Legal > Area of Law by Topic > Foreign Laws and Legal Sources > International Law Digests > select region

  12. Finding Foreign Legal Materials Online • Law Library of Congress Guide to Law Online http://www.loc.gov/law/help/guide.php • NYU Law Library, Foreign Databases by Jurisdiction http://www.law.nyu.edu/library/research/foreign_intl/foreigndatabasesbyjurisdiction/index.htm

  13. Class Exercise • Use Library of Congress, Guide to Law Online, http://www.loc.gov/law/help/guide.php and NYU Law Library, Foreign Databases by Jurisdiction http://www.law.nyu.edu/library/research/foreign_intl/foreigndatabasesbyjurisdiction/index.htm • Compare information on laws of Israel. Does each site have: • Links to court cases in English? • Online access to treaties to which Israel is a party? • Link to Executive branch website? • Links to online sources for full-text laws, in English?

  14. Researching Foreign Law by Subject • Subject compilations of foreign laws in print • E.g., RIA Worldwide Tax Law/Tax Laws of the World, K4504.15 (Reference Area) • Use Library of Congress, Multinational Collections Database to identify publications that contain foreign laws on specific subjects http://www.loc.gov/lawweb/servlet/Glic?home • IGO and NGO websites • E.g., World Bank - Doing Business http://www.doingbusiness.org/law-library • Compilation of business laws and regulations from almost every member jurisdiction)

  15. Evaluating Online Information • Is it reliable? • Who is the author? • Currency? • Scope? • Translation issues • Official translation? • May not include latest revisions/amendments • Look for official government websites

  16. Foreign Law Research: Take-Aways • When beginning your research: • Use secondary sources for basic background and citations to primary law • Consult a research guide • Many good online guides; all vary in coverage so you may need to consult more than one • Identify your country’s legal system (civil law, common law, other?) • Search for primary law by jurisdiction or by subject • May need to consult multiple sources for primary law; coverage varies • Be persistent but realistic; sometimes you may have to settle for summaries

  17. Need help? Contact the Reference Office 543-6794 or http://lib.law.washington.edu/questions.html

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