Thursday, April 27, 2017

Researching International Criminal Law

The 2013 and 2017 chemical weapon attacks on civilians in Syria have generated ongoing conversations about the role of international criminal courts in humanitarian crises. A new book in the Goodson Law Library, Christopher Rudolph's Power and Principle: The Politics of International Criminal Courts (KZ7230 .R83 2017), explores the history and politics behind international criminal courts, and their role in humanitarian law.

To learn more about international criminal tribunals, check out the Goodson Law Library's recently-updated research guide to International Criminal Law. This brief guide links to print and electronic resources for researching the International Criminal Court and other specialized international criminal tribunals, as well as guidance for locating books and other materials in the Law Library's collection. A more extensive overview of online research resources for international criminal law can be found on the American Society for International Law's Electronic Resource Guide for International Criminal Law, maintained by Penn State University Dickinson Law Library Director Gail A. Partin. (The Law Library's guide links to this and other helpful research starting places.)

For assistance with researching international criminal law in print or online resources, be sure to Ask a Librarian.

Sunday, April 16, 2017

New Source for Supreme Court Records and Briefs

The Goodson Law Library has recently subscribed to ProQuest Supreme Court Insight, a source for U.S. Supreme Court case histories and records. By the end of 2017, this database will include records and briefs dating from 1975-2016. (Currently, the service covers from 2004-2016; earlier dates will be added throughout the year.)

At the moment, the new database duplicates years of SCOTUS brief and docket materials which are freely available through the Court's own website and through the ABA's Preview of United States Supreme Court Cases. Once complete, though, Supreme Court Insight will fill in gaps for electronic coverage of U.S. Supreme Court case materials, picking up around the tail end of The Making of Modern Law: U.S. Supreme Court Records and Briefs 1832-1978. (Records and briefs earlier than 1832 are not available at Duke Law, although they can be requested via interlibrary loan service from the set Appellate Case Files of the Supreme Court of the United States.)

For more information about locating court records and briefs, check out the Goodson Law Library research guide, which describes the electronic, print, and microform access to records and briefs which are available through Duke. For help using ProQuest Supreme Court Insight or other sources for court records and briefs, be sure to Ask a Librarian.

Wednesday, April 5, 2017

Summer Access to Legal Research Services

Whether you're heading to a summer job or graduating this May, your access to legal research services like Westlaw, Lexis Advance, and Bloomberg Law will change.
Continuing Students
For rising 2Ls and 3Ls, your Law School access generally continues uninterrupted over the summer. Lexis Advance and Bloomberg Law both allow student usage over the summer for educational as well as for commercial purposes. (However, check with your employer before using your Law School accounts for paid work – many employers prefer that summer associates avoid using their school accounts for researching firm matters.)

Westlaw restricts students' summer access to Westlaw, Practical Law and other Thomson Reuters products to non-commercial research purposes only. The eligible categories for summer access include:
  • Summer Coursework
  • Research Assistant Assignments
  • Law Review or Journal Research
  • Moot Court Research
  • Non-Profit Work
  • Clinical Work
  • Externship Sponsored by the School
2017 Graduates
For graduating 3Ls and LLMs, Lexis Advance and Bloomberg Law automatically extend educational accounts for 6 months following graduation.

Lexis additionally offers the ASPIRE program, providing 12 months of free access to graduates who work in public interest. Proof of work with a 501(c)(3) nonprofit organization is required. To learn more about ASPIRE, visit http://www.lexisnexis.com/grad-access/.

Westlaw's "Grad Elite" access continues for 18 months after graduation. Under this program, law grads are allowed 60 hours of usage per month for services like Westlaw and Practical Law, with no restrictions against using them for professional purposes.

For help with your summer access to these or other Duke resources, be sure to Ask a Librarian. The library's summer hours, which take effect at the end of final exams, are Monday – Friday, 8:00 a.m. to 5:00 p.m.

Monday, March 27, 2017

New Database for ACLU Archives

Since its founding in 1920, the American Civil Liberties Union (ACLU) has been involved in some of the most well-known constitutional law cases in American history. In the "Scopes Monkey Trial" of 1925 (which inspired the acclaimed play and film Inherit the Wind), the ACLU partnered with attorney Clarence Darrow to defend a biology teacher arrested for teaching evolution in his Tennessee classroom. In the 1960s, the ACLU provided free legal assistance to Richard and Mildred Loving, arrested for violating Virginia's ban on interracial marriage; the 1967 U.S. Supreme Court decision Loving v. Virginia subsequently struck down prohibitions on interracial marriage on equal protection grounds. More recently, the ACLU has challenged Trump administration executive orders concerning immigration and border security.

Researchers at Duke now have access to archival materials from the ACLU's work in the twentieth century. The Goodson Law Library has just subscribed to The Making of Modern Law: American Civil Liberties Union Papers 1912-1990. The searchable collection consists of legal case files and news clippings on ACLU activities, organized into two sub-collections:
  • The Roger Baldwin Years, 1912-1950, contains subseries with clippings and files on academic freedom; censorship; legislation; federal departments and federal legislation; state activities; conscientious objectors; injunctions; and labor and labor organization correspondence.
  • Years of Expansion, 1950-1990, encompasses foundation project files on the Amnesty Project, 1964-1980; the Lawyers Constitutional Defense Committee, 1964-1976; and subject files on freedom of belief, expression, and association; due process of law; equality before the law; international civil liberties; and legal case files, 1933-1990.
The earliest materials, which pre-date the official formation of the ACLU, include correspondence and news clippings on jail conditions, sedition trials, and conscientious objectors during World War I. the collections can be searched on the main screen, or browsed under "Explore Collections." Keyword searches for broad topics like marriage will return thousands of pages of ACLU research and legal documents; a search for a case name, such as Loving v. Virginia, will retrieve a narrower set of results, with the relevant pages within each result flagged in a sidebar.

The digital collection provides a fascinating view of American history through the work of ACLU lawyers. For more information about the history of the ACLU, try a subject search of the Duke Libraries Catalog for American Civil Liberties Union. For assistance with using the new database or with locating other ACLU materials, be sure to Ask a Librarian.

Monday, March 20, 2017

AILALink Immigration Database Now Available

Immigration law is highly complex, and involves a number of specialized resources. Fortunately, the Goodson Law Library has just subscribed to AILALink, a research database from the American Immigration Lawyers Association. Current Duke University students, faculty, and staff can access AILALink from the Law Library's Legal Databases & Links page, or directly here. (Access is limited to 3 simultaneous users; please click "Sign out" in the top right corner when finished.)

AILALink includes primary and secondary legal materials on immigration matters, such as the full text of Kurzban's Immigration Law Sourcebook (15th ed. 2016), a leading treatise for immigration law practitioners. Other books of interest include the Occupational Guidebooks series, including Immigration Options for Academics and Researchers and Immigration Options for Artists & Entertainers. Other AILA titles include Asylum Law Primer (7th ed. 2015), Essentials of Immigration Law (4th ed. 2016), and Immigration Law & the Family (4th ed. 2016).

Researchers should be aware that immigration law and policy can change quickly. AILALink provides supplements in the event of later changes, such as a chapter supplement to Immigration Law & the Family prompted by new agency guidance. However, primary law research is also essential to update the content of the book publications. The database also provides browseable and searchable versions of federal statutes, regulations, and agency materials related to immigration law and practice. Case law is available through AILALink's court opinions section, with an option to search Fastcase Premium for additional materials.

For further reading on immigration law, try a search of the Duke Libraries Catalog for the subject heading emigration and immigration law – united states. You'll find titles like the multi-volume treatise by Gordon & Mailman, Immigration Law and Procedure (also available in Lexis Advance) and study aids on Reserve like Immigration Law and Procedure in a Nutshell.

For assistance with using AILALink or with locating immigration law materials in the Law Library, be sure to Ask a Librarian.

Tuesday, March 7, 2017

New Research Guide to Arbitration

Although arbitration is generally intended to be a less complex option for parties than litigation, researching arbitration decisions and practice can present unique challenges. Because arbitration decisions are often private, an estimated 90% of them are unavailable – and while the practice of citing to past arbitration decisions is cause for controversy, researchers sometimes need to track down past decisions, arbitrator profiles, or more information about arbitration practice. Reference Librarian Jane Bahnson has created a new research guide to Arbitration on the Goodson Law Library website.

This guide compiles print and electronic sources for both domestic and international arbitration law and practice. Beginning with an overview of secondary sources, such as Elkouri & Elkouri's widely-cited How Arbitration Works, 7th ed. (KF3424 .E44 & online in Bloomberg Law), the guide also describes nine major domestic and international arbitration organizations, such as the American Arbitration Association (AAA) and ICSID (International Centre for Settlement of Investment Disputes). Additional sections cover researching arbitrator profiles and locating the full text of available arbitration decisions.

This new research guide to arbitration is one of many topical research guides on the library website. To view all available topics, visit the Research Guides page. For assistance with researching arbitration or other legal topics, be sure to Ask a Librarian.

Wednesday, March 1, 2017

Introducing Westlaw China

The Duke community now has access to two online research services for Chinese legal materials. In addition to en.pkulaw.cn (formerly known as Law Info China), the Goodson Law Library has just subscribed to Westlaw China. Both databases are available to the Duke University community, with a NetID and password required for off-campus access. The Legal Databases & Links page provides quick access to both services.

Both Westlaw China and en.pkulaw.cn offer bilingual access to Chinese statutes, regulations, case law, legal news, and journal articles, but each service has unique strengths and collections. A comparison chart prepared by the Chinese University of Hong Kong Library highlights these differences: Westlaw China and en.pkulaw.cn each include the full text of laws and regulations since 1949. However, Westlaw China's case law is only available in Chinese for full text, with headnote descriptions in English. Westlaw China contains more English-language journals and treatises, as well as model contracts and a legal glossary.

Of course, the Goodson Law Library collection contains additional books and other materials on Chinese law. To locate them, search the Duke Libraries Catalog for the subject heading Law – China, or more specific areas of law (such as criminal law -- china. For help with researching in both print and online resources, be sure to Ask a Librarian.

Tuesday, February 28, 2017

International Encyclopaedia of Laws Online

Need a quick overview of a country's law and practice on a particular topic? We've previously written about the helpfulness of Foreign Law Guide and GlobaLex as starting places to locate legal information from non-U.S. countries. A secondary source set which is frequently cited in those resources is the International Encyclopaedia of Laws (IEL).

IEL volumes are published for 25 topics, including Criminal Law, Constitutional Law, Contracts, Intellectual Property, Commercial and Economic Law, Sports Law, Competition (antitrust), and Environmental Law. Formerly available at Duke as looseleaf print publications (which are no longer updated at the Goodson Law Library), the series is maintained electronically for the Duke community and on-site visitors via the International Encyclopaedia of Laws database. (Individual IEL titles will also be directly linked in the Duke Libraries Catalog with a keyword search for the appropriate topic. For example, a catalog search for international environmental law will return a result for the IEL Environmental Law volume.)

All IEL volumes and chapters are edited by experts in the field. Most topics begin with an introductory overview of the topic, before presenting "National Monographs" featuring a country-by-country analysis of that subject. (Some, like Environmental Law, also include regional or intergovernmental chapters, such as on European aspect of the topic.) Individual IEL volumes vary widely in the number of countries included, but even the smaller titles can be a helpful source for information in English about a particular country's current laws. National Monographs often include translations of statutes as well as references to relevant case law. The online volumes are divided into easily-downloadable individual PDFs.

When you see references to IEL volumes in Foreign Law Guide or the Duke Libraries Catalog, give IEL online a try! For help with foreign law research, be sure to Ask a Librarian.

Friday, February 24, 2017

Legal Research At Sea

Many law students will never take a class on admiralty and maritime law, but it is a complex and specialized area of law which presents some research challenges. Not to be confused with law of the sea (focused on broader public international law issues), admiralty and maritime law focuses on commercial activity or navigation at sea. Developed not from the common-law tradition but from historical customs related to shipping, admiralty and maritime law has a long history, a unique terminology, and many dedicated resources. Fortunately, there are several research guides to help you navigate these unfamiliar waters.

The brand-new Admiralty and Maritime Law: A Legal Research Guide (KF1096 .T63 2017) will point readers to relevant primary and secondary resources. Additional help can be found in Chapter 7 of Specialized Legal Research, 2d ed. 2014 (Ref Desk KF240 .S642), which is devoted to Admiralty and Maritime Law resources.

Key secondary sources which are available to the Duke Law community include:
  • Benedict on Admiralty (online in Lexis Advance; library's print copy no longer updated): a leading multi-volume treatise on all aspects of admiralty and maritime law. Volume 10 is dedicated to legal issues related to cruise ships, including injuries to passengers, gaming regulations, and at-sea medical malpractice claims.
  • The Law of Seamen (5th ed., online in Westlaw): focuses more on the maritime law rights of merchant seamen, including labor and employment concerns, criminal procedure, determination of a ship's seaworthiness, and even "Loss of clothing and personal effects."

Admiralty and maritime content can also be found in chapters of the American Jurisprudence 2d encyclopedia (on Westlaw, Lexis, and campus-wide in LexisNexis Academic, and in the federal practice treatises Moore's Federal Practice (Practice & Procedure KF8840 .M663 & online in Lexis Advance) and Wright & Miller's Federal Practice and Procedure (Practice & Procedure KF9619 .W7 2008 4th & online in Westlaw).

For more help with locating admiralty and maritime law resources, search the Duke Libraries Catalog for the subject heading "Maritime law - - United States" or Ask a Librarian.

Wednesday, February 8, 2017

All About Clerkships

Working toward a judicial clerkship opportunity, or just want to learn more about the possibilities? The Goodson Law Library has just received the new title Behind the Bench: The Guide to Judicial Clerkships, 2d ed. 2016. Author Debra M. Strauss, a lawyer and former judicial clerk, outlines the types of work that clerks will do, and provides advice on the application and interviewing process. Chapters describe the different types of clerkships in both state and federal court systems, and give tips for choosing the court and judge that will suit you best. Interview advice, and sample questions, are also included.

There's also a chapter of research tools for learning more about an individual judge. Additional resources on judge analytics can be found in the recent Goodson Blogson post Judge for Yourself. For more information about researching clerkship opportunities or individual judges, check out the library's research guide to Directories of Courts and Judges or Ask a Librarian.

Friday, January 27, 2017

Finding Foreign Law

Thanks to robust free access through government websites, as well as subscription resources with primary law, most American legal researchers can locate a U.S. state or federal court opinion or statute with ease. But what about finding primary legal materials from other countries? Online access can vary widely, and language barriers can also make searching difficult. Whenever you're tasked with tracking down legal materials from outside the U.S., keep these three helpful starting places in mind.
  • The Bluebook, Table 2: Foreign Jurisdictions. While selective in the number of countries it covers, the legal citation manual The Bluebook: A Uniform System of Citation (20th ed. 2015) has increased its attention to non-U.S. jurisdictions in recent editions. The Bluebook table for a particular country (listed alphabetically by country name in Table 2) highlights preferred sources and citation formats for most primary legal materials, and includes titles, dates, and URLs where available. Identifying the appropriate publication title is an excellent first step in tracking down the needed document in a library or on the web.
  • Foreign Law Guide: A subscription database, available to current members of the Duke University community. Entries for a particular country will provide an overview of the legal system, details about primary sources of law, and a subject index. Foreign Law Guide includes pointers to online availability, in both free and subscription resources. Notes about English translations (either official or through unofficial secondary sources) are also often included.
  • GlobaLex: A free website maintained by NYU Law's Hauser Global Law School Program, GlobaLex’s Foreign Law Research section provides detailed guides to researching the law of most countries, including some not featured in Foreign Law Guide (such as North Korea and South Sudan).
These guides are all a great preliminary step in locating legal materials for other countries. For additional resources and assistance, consult our research guide to Foreign & Comparative Law or Ask a Librarian.

Monday, January 23, 2017

Mind Mapping Made Easy

Do you prefer brainstorming on a whiteboard to typing up an outline? If so, then mind mapping tools may be a great way to plan your next project. Mind mapping allows you to brainstorm, take notes, or plan projects visually, and these tools also allow easy collaboration with other users. Learn more about the benefits of mind mapping at the Lifehacker blog's 2013 post How to Use Mind Maps to Unleash Your Brain's Creativity.

Duke University has just announced a partnership which makes MindMeister available for free to all current students, faculty, and staff. MindMeister is a cloud-based mind mapping tool which is compatible with Mac, Windows, and Linux. Duke users should log in at the OIT software download page, search for MindMeister, and Add to Cart. After Checkout, the free MindMeister Account Creation Link will generate an email to create your Duke account on the service. MindMeister also offers iOS and Android apps for mobile users, as well as the ability to collaborate with other MindMeister users or "teams."

If you do not qualify for the Duke academic software license, MindMeister also offers a free Basic account, limited to 3 mind maps. Pricing plans for non-educational users are also available. In addition, other mind mapping tools are available for users to test the capabilities, including Coggle (which syncs with your Google Account) and Bubbl.us, which allows 1 free mind map without logging in.

The OIT software download page contains many other free and deeply-discounted programs and tools for the Duke community. Be sure to take advantage of the valuable deals to be found, including free access to LastPass Premium password management software and discounted Adobe Acrobat Pro DC. To learn more about these programs and receive information about support, visit http://software.duke.edu.

Friday, January 6, 2017

A History of the Holman Rule

As the new 115th Congress began its work this week, one of the first orders of business was to adopt procedural rules. House Resolution 5 (text at Congress.gov), Adopting Rules for the One Hundred Fifteenth Congress, garnered much attention for its original controversial plan to limit the powers of the independent Office of Congressional Ethics, approved during a closed vote. Following thousands of constituent phone calls (and Twitter criticism from President-Elect Donald Trump regarding congressional priorities), the move was abandoned less than 24 hours later.

However, a new controversy over the rules package took shape yesterday, when the media took note of another provision, the "Holman rule." Originally developed in 1876 but removed from the standing rules in 1983, the Holman Rule allows a member of Congress to propose appropriations amendments which reduce "the number and salary of the officers of the United States" or "the compensation of any person paid out of the Treasury of the United States." As noted in the Washington Post, this measure has raised concerns about the ability of Congress to target individual federal civil servants for punitive salary reduction, or federal programs for elimination.

News reports frequently describe the Holman rule as "obscure," likely due to its removal from the standing rules more than three decades ago. So what is the history of this Holman rule? Answers can be found in some classic Congressional procedure treatises, such as Cannon's Precedents and Deschler's Precedents. Both are available through the subscription database HeinOnline's Congressional Documents library, as well as for free through the U.S. Government Publishing Office's GovInfo.gov. 8 Deschler's Precedents § 4 contains a historical overview of the Holman Rule, covering its development in the late 1800s, to its limitation of scope by the 98th Congress in 1983. The congressional precedent texts can be browsed for free on GovInfo, or searched and browsed on FDsys. More details are provided in the 2010 publication A Concise History of the House of Representatives Committee on Appropriations.

For more information about congressional rules and procedures, try a subject search of the Duke Libraries Catalog for "United States. Congress. House -- Rules and practice" or "Parliamentary practice -- United States." You'll find titles like House Practice: A Guide to the Rules, Precedents, and Procedures of the House (2011) and Congressional Procedures and the Policy Process (10th ed. 2016). For help locating these or other titles on the topic, be sure to Ask a Librarian.