• A Closer Look: A Symposium Among Legal Historians and Law Librarians to Uncover the Spanish Roots of Louisiana Civil Law

      Miguel-Stearns, Teresa; Feliu, Vicenc; Kim-Prieto, Dennis (2010-01-01)
      The debate regarding whether the origin of Louisiana civil law is based in the Spanish or in the French legal tradition has been ongoing since that state's incorporation into the United States as a result of the Louisiana Purchase. Distinguished legal scholars have argued in favor of one tradition being dominant over the other, and each has been staunch in support of that view. This article proposes and demonstrates that the Spanish, not French, civil law had an enormous influence on the creation and evolution of Louisiana civil law, and that this legacy resonates today.
    • Argentina, SOURCES OF STATE PRACTICE IN INTERNATIONAL LAW.

      Miguel-Stearns, Teresa (2014-01-01)
      La Republica de Argentina is the successor State of Spain in the Southeastern portion of the former Spanish empire in the Americas. At the time of independence, first declared in the Viceroyalty of Buenos Aires in 1810, the territory included present-day Argentina, Uruguay, Paraguay, and Bolivia. The region became known as the United Provinces of the Rio de la Plata. The territory was administered by the government in Buenos Aires. The Congress of Tucuman issued a formal Declaration of Independence in 1816. Shortly thereafter, Uruguay, Paraguay, and Bolivia established independent nations and the remaining territory formed Argentina.
    • Comparative Law: Academic Perspectives

      Miguel-Stearns, Teresa (2011-01-01)
      Over the past 15 years, comparative law has undergone a dramatic and profound metamorphosis. The academic literature reveals a sense of hopelessness for the sustained endurance of the discipline in the mid- l 990s but shows signs of a rejuvenated and reinvented discipline in the first decade of the new millennium. One reason could be a changing-of-the-guard in comparative law faculty around the world with the 'heroes of the golden era' (Markesinis 2003, 2) being replaced by younger scholars leading a renewed charge with creative and thought-provoking comparative legal theories and methodologies. Another reason might be the smaller world in which we live due to globalisation and access to new information and communication technologies. There is also more effort towards unification and harmonisation of national and transnational laws, as seen in the creation of a European civil code (Smits 2007) and uniform social welfare obligations in India (Menski 2007), which can be achieved only by careful, analytical, comparative legal analysis.
    • Exchanging Books in Western Europe: A Brief History of International Interlibrary Loan

      Miguel-Stearns, Teresa (2007-01-01)
      Interlibrary Loan is not a new concept. The practice of lending and borrowing materials occurred as far back as the 8th century in Western Europe.1 An 8th century copy of St. Augustine’s De Trinitate in the Bodleian Library contains a page originally left blank at the end of the manuscript whereupon “an Anglo-Saxon hand of about the year 800 entered a small list of books.”2 Elias A. Lowe’s translation and analysis of this list and adjacent annotations demonstrates that the list was likely a “catalog” of manuscripts in the ancient library of St. Kilian’s at Würzburg,3 and that several books were loaned to Holzkirchen and to the monastery at Fulda. The three institutions were geographically close, with Holz church being a dependency of Fulda monastery.4 Fulda’s library was the largest in Germany except, possibly, for St. Gall.5
    • Judicial Power in Latin America: a Short Survey

      Miguel-Stearns, Teresa (2015-01-01)
      This article, written by Teresa M. Miguel-Stearns, explores the vast differences in judicial authority not only between the common law and civil law traditions, but also among various countries steeped in the civil law tradition in Latin America. Judicial review, certiorari, precedent, and other functions and characteristics of the judiciaries of five distinctly different countries (Argentina, Bolivia, Brazil, Chile, and Mexico) are compared and contrasted with each other and with the common law tradition. This evaluation demonstrates that despite their, arguably, similar distant histories and legal foundations, each country has evolved into a unique legal system with significant differences in the treatment of the judiciary and its jurisprudence.
    • Mexico, SOURCES OF STATE PRACTICE IN INTERNATIONAL LAW

      Miguel-Stearns, Teresa (2014-01-01)
      Estados Unidos Mexicanos is the successor State of Spain in the Northern region of the former Spanish empire in the Americas. Pope Alexander VI issued a papal bull on May 4, 1493, fixing the line of demarcation of conquered territories between the Kings of Spain and Portugal thereby avoiding future conflict; this papal bull in effect granted the then-unexplored territory of what is now Mexico to the Spanish crown. Heman de Cortes conquered the Aztec empire in 1521 and Spain ruled the territory until Mexican independence in the early 19th century. The territory was called Nueva Espana (New Spain) and its political capital was in what is today Mexico City.
    • The Digital Legal Landscape in South America: Government Transparency and Access to Information.

      Miguel-Stearns, Teresa (2011-01-01)
      The governments of ten South American countries (Argentina, Brazil, Bolivia, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay, and Venezuela) vary widely in the quantity and quality of free legal information each offers to its citizens. Each country has made a significant effort in providing basic legal texts, such as codes, laws and decrees, in a systematic, searchable, and reliable database. Jurisprudence of the courts, whose significance varies widely among these countries steeped in the civil law tradition, is often less accessible. Some countries have more means and better infrastructure than others which, naturally, is reflected in the quality of the databases, search engines, and archives.
    • The Empirical Research Law Librarian. Part 1: Making the Case and Filling the Role

      Miguel-Stearns, Teresa; Ryan, Sarah (2014-01-01)
      Over the course of the last decade, the Reference Department of the Lillian Goldman Law Library at Yale Law School has seen an increase in requests for assistance with data collection and empirical analysis. These requests have become progressively more sophisticated and technical while our patrons have become more knowledgeable and skilled. Until recently, when a student or faculty member expressed interest in gathering data and engaging in empirical research, the reference librarians would guide the researcher to appropriate places, such as the Sourcebook of Criminal Justice Statistics or TracFed or ICPSR data portal, and then send the researcher to the Yale University StatLab' for additional research assistance and support. Alternatively, members of our faculty who were trained and experienced empiricists often hired a team of research assistants capable of working with the data once they had found it.
    • The Empirical Research Law Librarian. Part 2: Developing the Role

      Miguel-Stearns, Teresa; Ryan, Sarah (2014-01-01)
      For several years, the Reference Department of the Lillian Goldman Law Library at Yale Law School had witnessed a growing demand for empirical research support services. This increase mirrored broader trends in librarianship. Data and empirical specializations are on the rise, as reflected in the Library Journal's 2013 placements and salaries article, "The Emerging Databrarian." As the article explains, many libraries are creating stand-alone positions in these growth areas, and still more are folding "databrarian" skills into traditional job descriptions, such as reference librarian. That is, library directors are seeking individuals who can fill reference, technical service, or rare books roles while incorporating their knowledge of digital curation, e-learning, or social science statistics into their daily work. As described in Part I of this series, our law library followed this route when advertising for an empirical addition to the Reference & Instructional Services department. Data from that librarian's first year on the job illustrates this hybrid service model in action.
    • TITLE IX AND GENDER EQUITY IN INTERCOLLEGIATE ATHLETICS: CASE ANALYSES, LEGAL IMPLICATIONS, AND THE MOVEMENT TOWARD COMPLIANCE.

      Miguel-Stearns, Teresa (1994-01-01)
      Title IX of the Education Amendments of 1972 is a simple law. Title IX states that no institution receiving federal funds shall discriminate on the basis of sex in its administration of educational programs or activities. In the last twenty years, however, Title IX has undergone various changes in its application, remedial power, and enforcement ability. Today, in light of several judicial decisions flowing from recent litigation, it appears that Title IX is quickly gaining momentum and causing great concern among academics and athletic departments alike.