1. Laws Constitutions Treaties Court Reports John Hostage RDA for Law Catalogers Boston, July 21, 2012 #AALL12

2. Compilations 2

3. A Compilation 3

4. Collaborative works 4

5. Exercises Criminal procedure handbook Codice penale e procedura penale e leggi complementari 5

6. Access Points for Works 6

7. Authorized access points for works Rules for access points for various kinds of legal works in 6.29 Other kinds of works not listed follow general rules in 6.27 Rules for access points usually built on rules for preferred title for legal works in 6.19 7

8. 8

9. Access points for works Determine preferred title for legal work (6.19) Additions to preferred title (6.20-6.22) Construct access point to represent legal work (6.29) – Preferred title – Sometimes combined with authorized access point for creator or other person, etc., associated with work 9

10. Recording creators 10

11. Creators Examples: – Enacting jurisdictions for laws – Heads of state, chief executives, ruling executive bodies responsible for decrees – Legislative bodies responsible for bills and drafts of legislation – Promulgating agencies for administrative regulations, etc. – Enacting jurisdictions and bodies governed for constitutions, charters, etc. 11

12. Creators – Enacting jurisdictions and promulgating agencies for court rules – Signatories for treaties, international agreements, etc. – Courts for charges to juries, indictments, court proceedings, and court decisions In some cases (e.g. treaties) multiple creators recorded N.B. - Creator not always used in authorized access point! 12

13. Other persons, etc. Other person, family or corporate body associated with legal works (19.3.2) Applied to legal works listed in 19.3.2.1 – Jurisdiction governed by a law, regulation, etc. – Issuing agency or agent – Court governed by rules 13

14. Other persons, etc. – Corporate body governed by a constitution, charter, etc. – Person or corporate body prosecuted in a criminal trial, etc. – Person or corporate body indicted – Person or corporate body bringing the action in noncriminal proceedings 14

15. Other persons, etc. – Person or corporate body on the opposing side in noncriminal proceedings – Judge – Parties to a case – Lawyer representing a party 15

16. Core elements Different kinds of creators and contributors can be found in same work All may be recorded, regardless of role Core elements – For creators: principal or first-named – For other contributors: if used to construct authorized access point for work 16

17. Commentaries, Annotated editions, etc. (6.27.1.6) If presented as work of person, etc., responsible for commentary, use access point for that person, etc. 17

18. Commentaries, Annotated editions, etc. If presented as edition of previously existing work, use access point for that work 18

19. Specific kinds of legal works 19

20. Laws governing one jurisdiction (6.29.1.2) Authorized access point for jurisdiction governed (11.13.1), e.g. Canada. Preferred title for law or laws (6.19.2), e.g. Canada Corporations Act – Rules for preferred title for laws similar to AACR2 rules for uniform title – Use Laws, etc. for complete or partial compilation other than subject compilation 20

21. Choosing the preferred title for a law 21

22. Compilations of laws 22

23. Constitutions Included in instruction for laws governing one jurisdiction No RDA rule for shortening the preferred title as in AACR2, but … 23

24. Additions to access points (6.29.1.32) Add year of promulgation to break conflict France. Constitution (1946) France. Constitution (1958) 24

25. Laws governing more than one jurisdiction (6.29.1.3) Authorized access point according to guidelines for compilations by different bodies (6.27.1.4), which says to use the preferred title for the compilation, e.g. Narcotic laws of Mexico and the United States 25

26. Administrative regulations, etc., that are laws (6.29.1.4) Same access point as for laws, e.g. Canada. Queen’s regulation and orders for the Canadian Forces (1994 revision) New Brunswick. Laws, etc. – For: Regulations of New Brunswick 26

27. Bills and drafts of legislation (6.29.1.5) Combine: Access point for the legislative body (11.13.1), e.g. Australia. Parliament. House of Representatives. Preferred title for the bill (6.19.2), e.g. Second Corporate Law Simplification Bill 27

28. Administrative regulations, etc., that are not laws (6.29.1.7) Combine: Access point for the agency or agent (11.13.1), e.g. Illinois. Department of Public Health. Note: “Department” not abbreviated Preferred title for the regulations (6.19.2), e.g. Rules and regulations for recreational areas 28

29. Rules governing a single court (6.29.1.10) Combine: Access point for the court (11.13.1), e.g. United States. Tax Court. Preferred title for the rules (6.19.2), e.g. Rules of practice and procedure of the United States Tax Court 29

30. Constitutions, charters, etc., of international intergovernmental bodies (6.29.1.13) Combine: Access point for the body (11.13.1), e.g. United Nations. Preferred title for constitution, etc. (6.19.2), e.g. Charter of the United Nations Note: not clear if LC-PCC PS 6.19.2 applies to shorten title 30

31. Exercises Constitution of the Commonwealth of Massachusetts Annotated Constitution of the Australian Commonwealth 31

32. Treaties and other international agreements

33. 33

34. Treaties, etc., between national governments (6.29.1.15) Combine: Access point for government named first (11.13.1) – Exception: if one govt. on one side and 2 or more on other side, use the one on one side Preferred title for treaty (6.19.2.7), e.g. Treaties, etc. 34

35. Choosing preferred title for treaty 35

36. Treaty example (cover page) 36

37. Constructing the Access Point Access point for first-named government United States. Preferred title of treaty Treaties, etc. 37

38. Additions to treaties (6.29.1.33) name of second party, e.g. Bulgaria date, earlier date, or earliest date of signing, e.g. 1991 June 7 Note: Names of months no longer abbreviated (6.20.3) Full access point: United States. Treaties, etc. Bulgaria, 1991 June 7 38

39. First signatory? If no consistency in order in which governments are named, use govt. named first in first resource received If signatories can’t be determined use preferred title of treaty, e.g. Agreement Establishing the World Trade Organization 39

40. Treaty example: no signatories listed 40

41. Treaty example enlarged 41

42. Additions to treaties entered under name of treaty Add date, earlier date, or earliest date of signing (6.29.1.33) Agreement Establishing the World Trade Organization (1994 April 15) Change from earlier practice (year only) 42

43. Agreements contracted by international intergovernmental bodies (6.29.1.16) Follow same rule as for international treaties, i.e. combine first named party and preferred title “Treaties, etc.” 43

44. Example For: Agreement between the United Nations and the World Intellectual Property Organization First named party: United Nations. Preferred title: Treaties, etc. Full access point: United Nations. Treaties, etc. World Intellectual Property Organization, 1975 January 21 44

45. Agreements contracted by the Holy See (6.29.1.17) Follow same rule as for international treaties, i.e. combine first named party and preferred title “Treaties, etc.” 45

46. Example For: Accordo del 18 febbraio tra l'Italia e la Santa Sede First named party: Italy. Preferred title: Treaties, etc. Full access point: Italy. Treaties, etc. Catholic Church, 1984 February 18 46

47. Other agreements involving jurisdictions (6.29.1.18) 2 or more jurisdictions below national level or a national government and one or more jurisdictions within its country: – follow rules for collaborative works (6.27.1.3), i.e. first named party and no “Treaties, etc.” 47

48. Examples 2 jurisdictions below national level Maine. Joint agreement between the state of Maine and the province of New Brunswick National government and one of its jurisdictions Ontario. Memorandum of agreement between the government of the province of Ontario and the government of Canada pursuant to section 4(3) of the Anti-Inflation Act 48

49. Other agreements Jurisdictions below national level and one or more international intergovernmental bodies: – follow 6.29.1.16, i.e. combine first named party and “Treaties, etc.” 49

50. Other agreements National government and one or more jurisdictions below national level outside its country: – follow 6.29.1.15, i.e. combine first named party and “Treaties, etc.” 50

51. Example For: Convention between the Government of the United States of America and the Government of the British Virgin Islands for the Avoidance of Double Taxation … First named party: United States. Preferred title: Treaties, etc. Full access point: United States. Treaties, etc. British Virgin Islands, 1981 February 18 51

52. Other agreements 2 or more national governments and one or more jurisdictions below national level:  follow 6.29.1.15, i.e. combine first named party and preferred title “Treaties, etc.” 52

53. Other agreements Government at any level and a non- governmental corporate body: follow 6.27.1.3 for collaborative works, i.e. first named party and no “Treaties, etc.”, e.g.: Liberia. Concession agreement between the government of the Republic of Liberia and Liberia Iron and Steel Corporation 53

54. Protocols, amendments, etc. Use authorized access point for basic agreement including additions such as other party and date (6.29.1.19) Add “Protocols, etc.” and date of signing of protocol (6.29.1.33) Ireland. Treaties, etc. Portugal, 1993 June 1. Protocols, etc., 2005 November 11 54

55. Compilations of treaties: preferred title 6.29.1.33 Should be 1713 April 11 ? 55

56. Compilations of treaties, etc.: access points (6.29.1.20) Between two parties: use same access point as for single agreement Between one party and two or more parties on other side: use same access point as for single agreement Other compilations: use general instructions (6.27.1.4) 56

57. Exercises NAFTA Russia-European Union treaty Protocol to Rio Treaty 57

58. Other legal works related to courts and court cases

59. Reports of one court (6.29.1.21) Not ascribed to reporter: use access point for court and preferred title for reports, e.g.  Canada. Federal Court. Canada Federal Court reports  Arizona. Court of Appeals. Reports of cases argued and determined in the Court of Appeals of Arizona Rule recently revised 59

60. Reports of one court Ascribed to reporter(s): use access point for reporter Manning, James, 1781-1866. Common bench reports For: Common bench reports : cases argued and determined in the Court of Common Pleas / [reported] by James Manning, T.C. Granger, and John Scott 60

61. Reports by one reporter (ex.) 61

62. Reports of more than one court (6.29.1.22) One reporter or collaborating reporters: use access point for single reporter or one with principal responsibility plus preferred title for reports Freeman, Richard, 1645 or 1646–1710. Reports of cases argued and determined in the Courts of King’s Bench and Common Pleas, from 1670 to 1704 62

63. Reports of more than one court Reporter(s) not responsible for all reports, or no reporter: use preferred title, e.g. Australian law reports 63

64. Exercises U.S. reports Supreme Court reporter 64

65. Citations, digests, etc. (6.29.1.23) If compiler, etc., prominently named: combine access point for person and preferred title, e.g. Phillips, Richard H. (Richard Henry), 1890–1971. Connecticut digest, 1785 to date Otherwise, use preferred title, e.g. Commonwealth digest 65

66. Criminal proceedings (ex.) 66

67. Criminal proceedings and appeals (6.29.1.24) Combine: Access point for defendant or first-named defendant Alley, Leavitt. Preferred title for proceedings Report of the trial of Leavitt Alley, indicted for the murder of Abijah Ellis, in the Supreme Judicial Court of Massachusetts 67

68. Noncriminal proceedings (ex.) 68

69. Civil and other noncriminal proceedings and appeals (6.29.1.25) Combine: Access point for plaintiff or first-named plaintiff Brooks, William, 1803–1863. Preferred title for proceedings Case of William Brooks versus Ezekiel Byam and others, in equity, in the Circuit Court of the United States, for the First Circuit-District of Massachusetts 69

70. Indictment (ex.) 70

71. Indictments (6.29.1.26) Follow rules for criminal proceedings, i.e. combine person indicted plus preferred title for indictment Duane, William, 1760–1835. Copy of an indictment (No. 1) in the Circuit Court of the United States in and for the Pennsylvania District of the Middle Circuit 71

72. Charge to jury (ex.) 72

73. Charges to juries (6.29.1.27) Combine: Access point for the court United States. Circuit Court (Middle Circuit). Preferred title for the charge Charge of Judge Paterson to the jury in the case of Vanhorne’s lessee against Dorrance 73

74. Judicial decision (ex.) 74

75. Judicial decisions (6.29.1.28) Combine: Access point for the court United States. Supreme Court. Preferred title for the decision Freedom of the press 75

76. Judicial opinions (6.29.1.29) Combine: Access point for the judge Sutliff, Milton, 1806–1879. Preferred title for the opinion Dissenting opinion of Hon. Milton Sutliff, one of the judges 76

77. Records of one party (6.29.1.30) For brief, plea, etc., combine: Access point for the party Morewood, George B. Preferred title for the brief, etc. George B. Morewood, John R. Morewood, Frederic R. Routh, respondents, appellants versus Lorenzo N. Enequist, libellant, appellee 77

78. Records of one party: Lawyer’s argument (example) 78

79. Records of one party For courtroom argument presented by lawyer, combine: Access point for lawyer Gowen, Franklin B. (Franklin Benjamin), 1836–1889. Preferred title for the argument Argument of Franklin B. Gowen, Esq., of counsel for the Commonwealth, in the case of the Commonwealth vs. Thomas Munley 79

80. Thank you John Hostage hostage@law.harvard.edu #AALL12 80