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 – 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

Comparative Law

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

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: Other Guides: Globalex (NYU) LLRX

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

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

Class Exercise Use Foreign Law Guide and 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?

Constitutions Constitutions of the Countries of the World K3157.A2 B (Reference Area) Constitution Finder, University of Richmond

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

Finding Foreign Legal Materials Online Law Library of Congress Guide to Law Online NYU Law Library, Foreign Databases by Jurisdiction ign_intl/foreigndatabasesbyjurisdiction/index. htm ign_intl/foreigndatabasesbyjurisdiction/index. htm

Class Exercise Use Library of Congress, Guide to Law Online, and NYU Law Library, Foreign Databases by Jurisdiction databasesbyjurisdiction/index.htm databasesbyjurisdiction/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?

Researching Foreign Law by Subject Subject compilations of foreign laws in print – E.g., RIA Worldwide Tax Law/Tax Laws of the World, K (Reference Area) – Use Library of Congress, Multinational Collections Database to identify publications that contain foreign laws on specific subjects IGO and NGO websites – E.g., World Bank - Doing Business Compilation of business laws and regulations from almost every member jurisdiction)

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

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

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