Spring 2008
I. Course Objectives
The practice of law now calls on lawyers to have specialized legal research skills in international and foreign legal materials. This course aims to help prepare students for dealing with differences in legal cultures and traditions as well as the intricacies of international law and organizations. It provides an overview of international and foreign law materials, how to locate these materials, and how to research international and foreign legal information. We will focus on how to research and locate primary materials, such as constitutions, charters, codes, cases, treaties and other international agreements, in the vernacular and in translation. We will also concentrate on locating and using secondary sources. Both print and electronic sources will be used and evaluated so that students will know when each format is most appropriate.
II. Grading
Grades are based on the following breakdown.
50% Research guide.
25% Exercises, attendance, and class participation.
25% Oral presentation.
III. Attendance
We cover a great deal of materials during each class session. You are allowed a maximum of five absences without impacting your grade. More than five absences will be factored into your final grade.
IV. Syllabus, Readings, and Announcements
Each student is responsible for checking the syllabus for reading assignments and due dates for exercises. This includes reviewing the appropriate materials before each class. The readings due for each class are listed in the syllabus. Announcements will be posted on the course website, when possible, as well as through email messages to the entire class. Failure to check the course website or your email will not be accepted as reasons for not knowing about the posted information.
The required text for this course is International and Foreign Legal Research: A Coursebook, available in the bookstore. The companion website for the book contains updates to many of the sources cited in the book.
V. Exercises
Throughout the semester, you will be assigned exercises (both in-class and homework) which may be used later in preparing your research guide. The exercises will be evaluated as satisfactory or unsatisfactory, based on your research strategy, research results, completeness of the information you provide, and on turning the exercises in on time. Please type all assignments. I will not review handwritten exercises. The due date for each exercise is indicated on the exercise document linked from the syllabus.
VI. Oral Presentations
Everyone will be required to give an oral presentation to the class on a foreign legal system. This presentation should not exceed 10-15 minutes in length and you may work with other class members and do a group presentation. See the syllabus for important deadlines. Your country choice must be approved by me in advance.
The presentation should cover the following:
- Reason for selecting the jurisdiction.
- An outline of the legal system.
- A discussion of the basic legal materials for the jurisdiction (i.e.., official codes, unofficial case reporting, etc.).
- Anything unusual or particularly difficult about researching the law of your chosen country.
- Present a few good research tools (research guides, websites, databases, print sources, etc.).
- Turn in an outline on the day you give your presentation. This outline should contain a brief list of the sources you consulted for your presentation. The outlines will be distributed to the class.
The presentation is meant to give all class members an idea of the legal system of each country and how to approach researching the law of that country. Everyone is required to attend all presentations.
IV. Research Guide
A. The Nature of the Research Guide
A research guide performs two major functions. First, it identifies important information sources used to research a particular international law topic or international organization. For each source, the guide should annotate the source's features and usefulness as a research tool. Second, it describes the research methodology used to find relevant information sources. This should include describing difficulties involved in researching the topic (e.g., language barriers, unavailability of materials) and suggestions for overcoming these difficulties. To better understand the nature of a research guide, please consult the sample research guides available in my office.
You will be required to prepare a research guide which will assist individuals in researching an international topic (human rights, arbitration, etc.), an international organization (UN, EU, etc.), or a topic with a regional or country focus. Select a topic which uses a language you understand and for which our library has significant legal sources. Your topic must be approved by me in advance. See the syllabus for the important deadlines.
A topical research guide must contain the following two main components:
1. Major sources for legal instruments.
2. General background sources explaining or commenting on the international law topic, including books, periodicals, articles, organizations and individuals.You will be expected to identify finding tools such as indexes, directories, bibliographies, research guides, library catalogs, and electronic sources which will lead to these sources. You will also be required to indicate appropriate search terminology to use in these finding tools which will help your readers find information (e.g., subject headings in indexes, useful database searches).
B. Types of Sources to Include
While your research guide should be aimed at English-speaking individuals, it should also include important foreign-language materials, if appropriate. Include introductory sources as well as in-depth research tools of benefit to an expert on the topic. It should also include non-bibliographic sources (i.e., individuals and organizations), if appropriate. Include electronic sources as well as audio-visual and microform sources when they exist and are useful.
The scope of the guide should be broader than just sources available at the UC Berkeley Law Library. Although you should include as many types of materials listed below as is possible, it is not necessary to include every available source. Your goal is to give examples of the best sources. If your guide is successful, readers will be able to find other sources using the strategies you suggest. Indicate if particular types of sources do not exist for your topic. You should try to fully examine every source included in your research guide. Talk to me if you have difficulty locating materials or have questions on whether or not to include unavailable sources.
C. Research Guide Organization
Use the following organization as a model when preparing your research guide. These are the components I expect to see in each guide.
1. Table of Contents.
2. Introduction to the Guide.
- Give the general scope of the guide (time period of materials covered, language limitations, the intended audience).
- Give general comments on research strategy for this particular topic. Discuss the approach you recommend for someone who has never researched this area before (e.g., work from general to specific sources or from primary to secondary sources, etc.).
- Discuss the major problems encountered in researching this area (e.g., dearth of information, materials which are unavailable, inadequate search terminology in indexes or library catalogs, "red herrings," etc.).
3. Provide the major legal sources covering your topic.
- Treaties, agreements, declarations, resolutions, and and other sources related to the international law topic.
- Include foreign law, if appropriate.
- Introductory paragraph about strategy (major electronic and hardcopy finding tools and search terminology and techniques to use in each).
- Key sources of treaties, agreements, declarations, etc.
- Key sources of writings of experts on your international law topic.
- Key sources of cases, judicial opinions or other dispute resolution decisions.
- Introductory paragraph about strategy (major electronic and hardcopy finding tools and search terminology and techniques used in each).
4. Background sources explaining or commenting on the international topic.
- Books.
- Introductory paragraph about strategy (major electronic and hardcopy finding tools and search terminology and techniques to used in search). Provide examples of key resources.
- Periodicals/Yearbooks.
- Introductory paragraph about strategy (major electronic and hardcopy finding tools and search terminology and techniques to use in each). Provide examples of key resources.
- Articles. Do not list each and every article on point, select a few representative articles.
- Introductory paragraph about strategy (major electronic and hardcopy finding tools and search terminology and techniques to used in each). Provide examples of key resources.
- Electronic Sources.
- Important electronic sources (websites, online databases) which are not covered in other sections.
- Inter-governmental and Non-governmental Organizations.
- Introductory paragraph about strategy (major electronic and hardcopy finding tools and search terminology and techniques to use in each).
Examples of key intergovernmental, non-governmental, regional and national/associations.- Other Sources.
- Include any relevant materials from non-legal sources, government documents, and non-bibliographic sources.
Introductory paragraph about strategy (major electronic and hardcopy finding tools and search terminology and techniques to use in search).5. Conclusion.
Evaluate overall availability and usefulness of sources and discuss unmet needs of researchers.
D. Annotations
Follow the bibliographic descriptions given on the Legal Sources Worksheet. Critically annotate each source in terms of its usefulness as a research tool, its content, its currency, its organization, any special features it offers, etc. Be sure to include all relevant bibliographic information in the citation (publisher, location of publisher, date a publication, etc.). Call numbers are not necessary.