| No. 460 | January 2000 |
In the last issue of Check It Out, Part I of this article began a discussion of how a researcher can find the law and legal structure of countries throughout the world. This article highlighted resources available to obtain a general understanding about a nation's legal structure as well as materials for finding bibliographic information on a specific country and subject. Also, methods of finding treatises and foreign law reporters and codes were discussed. In this month's continuation, the options of law periodicals and computer-assisted resources for finding foreign law will be covered.
Finding Foreign Law in Law Periodicals
If a researcher cannot find a treatise that covers the needed foreign legal issue, the next logical source is law review and journal articles. A search should not be limited to journals published in the country involved; many U.S. legal periodicals will include articles which highlight legal issues of individual foreign countries. A first step in looking for law periodicals would be to search LEGALTRAC , the CD-ROM and web-based database available in the Law Library; this index will be particularly valuable for finding recent articles covering important matters of legal controversy of interest to the legal communities of the U.S., Britain, Canada, Ireland, Australia and New Zealand. Other indexes which may be of help are the Index to Legal Periodical Literature (K33/.I45), Index to Foreign Legal Periodicals (K33/.I56) and Index to Canadian Legal Literature (KE176/.I45), found on the Index shelf, Lower Level, West wall.
Foreign Law on the 'Net
Another resource that is evolving rapidly as a source of information in all areas, including laws of foreign countries, is the World Wide Web. Whenever using this information, however, the researcher should always use caution in relying upon its use; particularly when the information is not fee-based, the web master's motivation to provide accurate and current information may be negligible.
One of the more prominent sites for finding foreign law on the internet is the Global Legal Information Network of Library of Congress (http://lcweb2.loc.gov/law/GLINv1/GLIN.html). This page reveals links to an abundance of foreign web sites, many designed to provide full-text presentations of constitutions, codes and regulations of a particular country. Other websites which provide abundant links to foreign law include FindLaw at http://www.findlaw.com/search/list.html, LawGuru at http://www.lawguru.com/ilawlib/52.htm, (a site maintained by Indiana University), Cornell's Legal Information Institute http://www.law.cornell.edu/world, and Washburn University's website at http://www.washlaw.edu/forint/forintmain.html. Finally, a German website which lists countries in alphabetical order by their German spelling , but seems to include a site for every country imaginable is http://www.uni-bayreuth.de/students/elsa/jura/geo/jurweb-geo-home.html. A drawback to many of these sites is the fact that there is no English translation provided to the text of many of the documents.
Foreign Law on WESTLAW and LEXIS
Another option for finding foreign statutory and case law is the legal research database services, LEXIS and WESTLAW. WESTLAW has a limited amount of foreign law databases; it has two separate databases for the Mexican Civil and Commercial Codes (CODMEX is in Spanish while MEXCODE is in English) and a considerable amount of Canadian and British legal materials. Also WESTLAW has regulations and patent and trademark law for some prominent nations. LEXIS, on the other hand, covers most countries of the English legal tradition fairly extensively, but gives spotty coverage to foreign law otherwise: while LEXIS has a wealth of legal materials for Argentina and France (but you must use French connectors in your boolean searching!), there are no such databases for Japan or Germany. As a result, the researcher would be wise to search the database directory of LEXIS (either online or printed) to determine what is available.
Other Options for the Researcher
Where can the researcher go for information if none of the above resources are of help? This librarian has often found help from the Law Library of Congress in Washington, D.C. (Phone 202-707-4351) The Law Library of Congress employs librarians who specialize in the law for different areas of the world. They are also a possible resource for English translations of different foreign country codes-they will have it if there has been an expressed need for it in the affairs of Congress. Other law school libraries which emphasize a foreign/international law curriculum can also be a valuable resource.
A researcher may find help by calling the consulate in the U.S. of the country for which he is researching. Also, another possible option which has been known to provide results is to call the U.S. Consulate in the foreign country which is at issue.
If you have any questions about the resources mentioned in this article or have a general question about research of foreign law, please see a Reference Librarian.
Learn trial skills and tactics in a simulated setting
with the Interactive Courtroom, produced by the Practising Law Institute.
Sharpen your knowledge of evidentiary matters by playing the role of judge
or litigator. The Law Library offers four interactive multimedia training
programs on CD-ROM. The programs are for Cumberland law students and faculty
only. CDs circulate three hours for use in Law Library labs. Ask for CDs
at the Circulation Desk. The following titles are available on CD-ROM:
Direct Examination: Evidence and Tactics
Additional lessons on client interviewing, motion skills, opening and closing arguments, and expert witnesses are available on laser discs. To use laser discs, see a reference librarian or other library staff.
DEVELOPMENTS AND TRENDS IN HEALTH CARE LAW 1999. KF3821/.A75/D35/1999
(September 10, 1999).
MANAGING THE SUCCESSFUL LAW
PRACTICE TODAY. KF315/.A75/M33/1999
(October 8, 1999).
PROBATE PRACTICE FUNDAMENTALS. KFA144/.A75/P75/1999
(September 24, 1999).
PROSECUTING AND DEFENDING DUI CASES
IN ALABAMA COURTS. KFA297.8/.P75/1999
(September 17, 1999).
10TH ANNUAL BANKRUPTCY LAW SEMINAR. KF1524/.A2/A352/1999
(October 1, 1999).
13TH ANNUAL WORKERS' COMPENSATION SEMINAR.
KFA342/.A75/A55/1999
(November 5, 1999).
Increasingly, Alabama governmental and law-related information is available on the Internet. Information offered by each agency or entity varies. The following list illustrates the range of data available free. Fee-based services are excluded. Because the Web is an ever-changing environment, do not assume information is comprehensive or up-to-date. Read all screens carefully and evaluate data for accuracy, reliability, completeness, and timeliness.
Alabama State Agencies
http://www.state.al.us
This site, called AlaWeb, has handy links to home pages of Alabama governmental entities. AlaWeb also provides telephone numbers and mailing addresses for all Alabama agencies, along with a searchable directory of state employees.
Alabama Code
Alabama Constitution
Alabama Acts, Resolutions, and Bills
http://www.legislature.state.al.us
The Alabama Legislature publishes bills and resolutions introduced in current state legislative sessions. For bill status, call the telephone numbers given. Under the link for "Legislation," find a Web-based Code of Alabama 1975 and the Constitution of 1901. Browse by title and section, or search by keyword. To check for currency, follow the link labeled "About this Page."
Slip Opinions of Alabama Appellate Courts
http://www.birminghambar.org
The Birmingham Bar Association, in cooperation with four Birmingham law firms, offers links to recent Alabama appellate court opinions. Included are decisions of the Alabama Supreme Court, Alabama Court of Civil Appeals, the Alabama Court of Criminal Appeals, and the United States Court of Appeals for the Eleventh Circuit. Though not comprehensive, this database covers current slip opinions and table decisions (announced without opinion). Be sure to check for currency, as updating may lag behind commercial services.
Alabama Attorney GeneralOpinions
http://www.ago.state.al.us
Alabama's Office of the Attorney General provides opinions from 1979 to the present. Search by keyword, date, opinion number, or other fields. Full text searching is available from 1996 to date. Print and fee-based services are alternate sources for formal opinions, but this Web database includes full text of informal opinions as well. Adobe Acrobat PDF files are scanned images of the actual signed opinions. Alternatively, view or download in Microsoft Word 97.
Alabama State Tax Forms, Procedures, Regulations, and
Rulings
http://www.ador.state.al.us
Alabama's Department of Revenue offers a wealth of information at its Web site. Find administrative law judge rulings from 1983-1998. Tax forms are available in PDF. The agency also provides selected statutes, procedures, revenue rulings, and some regulations from Chapter 810 of the Alabama Administrative Code.
Orders, Tariffs, and Rules of the Alabama Public Service
Commission
http://www.psc.state.al.us
The Public Service Commission is an independent quasi-judicial body that regulates public utilities and transportation companies in Alabama. On the Web, the Commission publishes its rules in Microsoft Word 97, along with a keyword searchable database of orders and tariffs.
Opinions of the Alabama Ethics Commission
http://www.ethics.alalinc.net
The State Ethics Commission administers Alabama law on ethical standards for public officials and employees. At its Web site, the commission publishes opinions issued since 1995 in PDF format.
Opinions of the Alabama Judicial Inquiry Commission
http://www.alalinc.net/jic
Alabama's Judicial Inquiry Commission investigates and prosecutes complaints about Alabama judges. Visit the commission's Web site for advisory opinions issued since 1976.
Alabama Supreme Court Rules
Alabama Canons of Judicial Ethics
Standardized Court Forms
http://www.alacourt.org
Alabama's Administrative Office of Courts offers rules on civil procedure, juvenile procedure, evidence, judicial administration, appellate procedure, criminal procedure, and small claims. In addition, find full text of Alabama's judicial canons, along with Alabama Unified Judicial System standardized pleading and practice forms in PDF format.
Alabama Corporate and UCC Filings
http://www.sos.state.al.us
Alabama's Secretary of State provides databases of corporate names, Uniform Commercial Code financing statements, and other information.
Insurance Company Agents of Process
http://www.aldoi.org
The State Department of Insurance has a keyword searchable database of agents for insurance companies licensed in Alabama.
Statistics on Crime in Alabama
http://agencies.state.al.us/acjis/pages/alacrime.htm
The Alabama Criminal Justice Information Center collects, analyzes, and publishes comprehensive data on crime in Alabama. Follow links under "Crime Statistics" for recent reports.
Alabama Administrative Regulations
Agencies governed by the Alabama Administrative Procedure Act publish their regulations in the Alabama Administrative Code. Though the full administrative code is not available on the Internet, some agencies offer regulations on the Web. Updating varies. Web coverage may be selective rather than comprehensive. As always, users must independently assess data for reliability. Besides tax rules mentioned above, find the following regulations on the Web.
Alabama Architect Board Regulations
http://www.alarchbd.state.al.us
Alabama Building Commission Rules
http://www.bc.state.al.us
Alabama Environmental Regulations
http://www.adem.state.al.us
Alabama State Department of Health Regulations
http://www.alapubhealth.org
Follow links for "Administration" and "Published Rules" for frequently requested regulations.
Home Builders Licensure Board Regulations
http://agencies.state.al.us/home-builders
Alabama Department of Industrial Relations, Workers
Compensation Division
http://www.dir.state.al.us
At this site, find regulations for the Drug Free Workplace Program.
Alabama Medicaid Regulations
http://www.medicaid.state.al.us
Rules of the Board of Examiners of Nursing Home Administrators
http://www.alboenha.state.al.us
Alabama Board of Nursing Regulations
http://www.abn.state.al.us
State Oil and Gas Board Regulations
http://www.ogb.state.al.us
Rules of Alabama State Board of Pharmacy
http://www.albop.com
Look under "Provisions and Acts" for regulations on the practice of pharmacy and controlled substances.
Rules of The Alabama Plumbers & Gas Fitters Examining
Board
http://pgfb.state.al.us
Alabama Real Estate Commission Regulations
http://www.arec.state.al.us
Follow links under "License Law."
Sir Edward Coke
Ashot Melikyan was sentenced to one year in jail and three
years probation for stealing an LSAT from a USC test administrator at knifepoint,
the Long Beach Press-Telegram reports (October 20, 1999). He will
also have to pay an undetermined amount of restitution for stealing the
LSAT on February 8, 1997. Melikyan was paid $600 by codefendants Danny
Khatchaturian and Kikran Iskenarian to steal the test so they could have
the correct answers transmitted via pager to them at an LSAT administration
given later the same day in Hawaii.
From: LSAT Thief Gets a Year in Jail, Law Services
Report: Newsletter of the Law School Admission Council, November 1999,
at page 5.
Noted UCLA Law Professor Dies
David Mellinkoff, a law professor who campaigned against bad legal writing, has died at 85.
Mellinkoff, who died on December 30, 1999, wrote about the legal profession and its language in five books, including "The Language of the Law" in 1963, which led to movements to control legalese, and "Legal Writing:Sense and Nonsense." A professor at the University of California at Los Angeles, for 20 years, Mellinkoff waged war against what he called "contagious verbosity." "The most effective way of shortening law language is for judges and lawyers to stop writing," he once wrote.
From: Noted UCLA Law Professor Dies (visited January 5, 2000) <http://www.washingtonpost.com>
[The Law Library has copies of both titles listed. The Language of the Law - KF250/.M45 and Legal Writing Sense and Nonsense - KF250/.M44.]
Grisham Ranks as Top-selling Author of Decade
What's the importance of the number 60,742,288? That's the number of best-selling books author John Grisham sold in the 1990s. The best-selling single book from the list was Grisham's "The Pelican Brief," which registered 11,232,480 copies sold. Number two was also a Grisham title; "The Client," which sold 8.1 million copies. The Top 100 list tallied book sales from January 1990 through March 29, 1999.
From: Grisham Ranks as Top-selling Author of Decade
(visited January 13, 2000) <http://cnn.com/1999/books/news/12/31/1990.sellers/index.html>
[The Law Library has copies of both titles listed. The Pelican Brief - PS3557/.R5355/P4 and The Client - PS3557/.R5355/C57.]
The Law Library has received three copies of the book
William
M. Kunstler : the Most Hated Lawyer in America written by
Professor
David Langum. The book was published by New York University Press.
The Law Library has two copies shelved in the treatise collection, 2nd
floor - KF373/.K8/L36/1999 and one copy shelved with the Faculty
Collection in the Friendship Room. The Main Library also has a copy. Reviews
of the book can be found on the Law Library bulletin board located in the
First Floor East stairwell.
Tribe, a Harvard law professor who is probably the most influential living American constitutional scholar, says he has already gotten hate mail about his new interpretation of the right to bear arms contained in the Second Amendment. Relegated to a footnote in the first edition of the book in 1978, the right to bear arms earns Tribe's respect in the latest version.
Tribe, well-known as a liberal scholar, concludes that the right to bear arms was conceived as an important political right that should not be dismissed as "wholly irrelevant." Rather, Tribe thinks the Second Amendment assures that "the federal government may not disarm individual citizens without some unusually strong justification." Tribe posits that it includes an individual right, "admittedly of uncertain scope," to possess and use firearms in the defense of themselves and their homes." None of Tribe's new thinking changes his view that gun-control measures are "plainly constitutional," but his shift has been enough to anger gun-control advocates. "I've gotten an avalanche of angry mail from apparent liberals who said, "'How could you?'" Tribe says. "But as someone who takes the Constitution seriously, I thought I had a responsibility to see what the Second Amendment says and how it fits."
Tribe's views on the Constitution are of more than passing importance. Earlier editions of Tribe's treatise have been quoted more than 50 times in Supreme Court opinions - by liberal and conservative justices - and by the top courts of India, Germany, Russia and Canada, among others.
From: Tony Mauro,
Scholar's Shift in Thinking Angers
Liberals
(visited Aug. 30, 1999) <http://www.usatoday.com/>
[The Law Library has 2 copies of volume 1 - KF4550/.T785/2000Reference.]
RETURN TELEPHONE CALLS
Most grievances arise from a lack of communication between attorneys and their clients.
KEEP YOUR CLIENTS INFORMED
Clients have an absolute, unqualified right to know what is going on in their cases, and the reason is simple--it is not your case, it is the client's case.
KEEP CLIENT FUNDS IN TRUST AND MAINTAIN AN ACCURATE ACCOUNTING OF THOSE FUNDS
All funds that are not yet earned should be deposited into your trust account and not removed until earned.
CAREFULLY EXPLAIN YOUR FEE AGREEMENT TO YOUR CLIENT AND REDUCE IT TO WRITING
...for new clients, having a written agreement saves you
time and money and can avoid misunderstandings about the fee agreement
that may arise in the future.
READ THE RULES
Read the Disciplinary Rules of Professional Conduct [for your state].
Currently enrolled law students can check these computers out for in-library use only, for a period of three hours.
The reserve laptops come with the following equipment:
The laptops and Ethernet cards can be used in the carrels and conference rooms to access the Internet and to print to the networked laser printers in the Law Library computer labs.
If you need assistance with these computers, please contact Diane Wade (pdwade@samford.edu, 726-2687, rm. 251-A), Mandy Haddin (arhaddin@samford.edu, 726-4024, rm. 031), or the Circulation Desk Attendant.
Becky Hutto at
rmhutto@samford.edu