• 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.
    • A Remedy for Congressional Exclusion from Contemporary International Agreement Making

      Harrington, Ryan (2016-01-01)
      When Harold Koh, as Legal Advisor to the U.S. Department of State, recently gave an address on 21st-century international lawmaking, he spoke about using much more than treaties and executive agreements to achieve policy goals.1 He also gave several examples of "memorializing arrangements or understandings that we have on paper without creating binding legal agreements with all the consequences that entails."2 One example of a non-legally binding agreement, or "political commitment," is the Copenhagen Accord. The Accord secured commitments on emissions reductions from 141 countries around the world.3 Pursuant to the Accord, the United States voluntarily submitted its intention to reduce domestic greenhouse gas emissions by 17% in 2020.4 The executive branch, however, has not presented the Copenhagen Accord to the Senate because it believes that political commitments do not require advice and consent. Instead, the executive branch submitted a letter directly to the United Nations Framework Convention on Climate Change indicating that the United States "associates itself ' with the agreement.5
    • 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.
    • Book Review: Privacy and Confidentiality Issues: A Guide for Libraries and Their Lawyers

      Krishnaswami, Julie (2009-01-01)
      The privacy and confidentiality of library patrons concerned many public libraries after September 11, particularly because of the passage and enforcement of the Patriot Act. Theresa Chmara, a litigator who has represented the American Library Association, the Freedom to Read Foundation, and the American Bookseller’s Association, provides concise and useful guidelines for libraries about these and other related issues in Privacy and Confidentiality Issues: A Guide for Libraries and Their Lawyers. This work is highly recommend for public library directors but should be required professional reading for all library directors. Additionally, library schools, which have an obligation to educate future librarians about the First Amendment concept of privacy in the context of the library, should purchase this book. It also serves as a great edition to a law school’s First Amendment collection for the same reasons as well as to bolster an academic collection that may lack practice oriented sources in this area.
    • Book Review: The Legal Landscape -- A Review of John Copeland Nagle, Law's Environment: How the Law Shapes the Places We Live

      Krishnaswami, Julie (2011-01-01)
      In "Law's Environment: How the Law Shapes the Places We Live," Hone Copeland Nagle reflects on unremarkarkable geographical lands impacted by major environmental legislation and considers the values implicit in environmental legislation. Nagle's thesis is that multiple environmental laws typically weave together to shape a region. IN this text, the consequences of environmental legislation are examined by looking at the impact of the laws on the natural environment of five distinct places.
    • Book Review: Viral Spiral: How the Commoners Built a Digital Republic of Their Own

      Krishnaswami, Julie (2009-01-01)
      Book review of David Bollier's Viral Spiral (2008). The Internet today is controlled chaos: user-generated content on Web 2.0 platforms, blogs by citizen-journalists, social networks such as Facebook and Twitter, the photo-sharing community of Flickr, digital remixes of music and videos, wikis, open-access journals, and e-books. The Web has been transformed and a new cultural movement - known as "Free Culture" or "the commons" - is underway. Members of the Free Culture movement (commoners) value collaboration, share intellectual property, are self-directed, and resourceful. Yet these trailblazing individuals are simultaneously entrepreneurial and well-aware of traditional market forces. In Viral Spiral: A History of Our Movement, David Bollier argues that these values and behaviors are "history-making," creating a "new species of citizenship in modern life" and over time "this citizenship and the culture that it is fostering are likely to be a politically transforming force." This text is highly recommended for any law library’s collection.
    • Bridging the Abyss: Law librarians come together to prepare new attorneys

      VanderHeijden, Mike (2007-01-01)
      This early morning session was billed as an open forum for law firm librarians and academic librarians to engage about the issue of new attorney preparation and training. We’ve all heard accounts of woefully unprepared first-year attorneys. In my experience as a law firm librarian, I’ve found that these accounts represent more of an exception than a rule. However, on numerous occasions I’ve also witnessed the rhetorical question, “What are they teaching them in law school?!” served to sympathetic colleagues with no shortage of indignant relish. So, as I roused myself from another vendor-induced slumber to sit in on this panel discussion, I hoped for a civil dialogue but prepared for a more partisan exchange.
    • 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
    • From Law Book to Legal Book: The Origin of a Species

      Widener, Michael (Bibliopathos Libreria Antiquaria (Verona), Lillian Goldman Law Library, Yale Law School, perrym.widener@gmail.com, 2021)
      This article responds to the question posed in the title of the 18 June 2020 workshop of the Max Planck Institute for European Legal History: »What is a Legal Book? Crossing Perspectives between Legal History and Book History«. Bridging the gap between legal history and book history requires a broader conception of legal literature, one that the term »legal book« captures more accurately than the narrower »law book«. The field of legal history has begun to take greater interest in legal books as social and cultural phenomena, as objects of commerce and as artifacts. The article develops a definition of »legal book« using illustrations of law books that are taken from the books themselves, including allegorical images, author portraits, and depictions of lawyers at work. These images highlight the book’s function in law as symbol, text, and artifact. The article concludes by pointing to opportunities for collecting, research, and teaching that the broader definition of »legal book« presents for curators and the historians they serve.
    • Get Up, Stand Up: Law librarians reject their office chairs’ cold embrace.

      VanderHeijden, Michael (2012-11-01)
      I suffer from the unhealthy habit of worrying about my health. I try to eat well, supplementing with vitamins. I exercise. I floss. I use sunscreen before stepping out to check the mail. I avoid talking on my cell phone. For a few months in the late ‘90s, I worried about the health effects of electromagnetic fields. So a year or so ago, when studies began circulating about the harms associated with prolonged sitting, I had to take action. Or if not “action,” per se, the situation at least required some research.
    • Human Subjects Research Review: Scholarly Needs and Service Opportunities

      Ryan, Sarah (2016-01-01)
      Academic law libraries have evolved to support new forms of legal research and instruction. Attendant to the rise in empirical legal research, law libraries could provide human subjects research review services. These interesting and value-added offerings leverage librarians’ regulatory analysis skills and contribute valuably to the campus research community.
    • It’s the Institution: Librarians Join the Revolution to Open the Judicial System to Self-Represented Litigants

      Krishnaswami, Julie (2009-01-01)
      Innovations in information literacy is not only taking place in academic law libraries, law firm libraries, and court libraries but simultaneously occurring in the legal system. Innovation also means rethinking - and remaking - institutions that no longer serve us well. As any lawyer or non-lawyer can confirm, the traditional legal system has ignored the needs of self-represented litigants, now flooding courtrooms, seeking solutions to real and significant problems. Yet, revolution is afoot, and the judicial system is responding to accommodate this new class of users. Presenter Richard Zorza, introduced by Charles Dyer as an "instigator of innovation," spoke about the movement to make courtrooms, judicial procedures, and the legal system as a whole, more friendly, open, and available to self-represented litigants at the Annual Meeting Program, "Law Libraries and Access to Justice Revolution."
    • 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.
    • Justice Sandra Day O'Conner: A Selected Annotated Bibliography

      Krishnaswami, Julie (2008-01-01)
      As the first woman appointed to the Supreme Court, Justice Sandra Day O’Connor is a profound and fascinating figure in American jurisprudence. During Ronald Reagan’s presidential campaign, he promised to appoint a woman to the Supreme Court, and he appointed Sandra Day O’Connor. She was confirmed in 1981 and spent the next twenty-four years on the Supreme Court bench, retiring in 2005. Before her time on the Court, Justice O’Connor devoted herself to public service as an assistant attorney general, deputy county attorney, Arizona state senator and senate minority leader, Maricopa County Superior Court judge, and Arizona Court of Appeals judge. Justice O’Connor’s roots are authentically western, having been raised on a working cattle ranch near the Gila River, bordering Arizona and New Mexico. She is comfortable outdoors in the harsh desert, riding horses, and assisting with ranch work. Yet she is similarly comfortable as an intellectual. She graduated from Stanford University and Stanford University School of Law. Likewise, Justice O’Connor has also been committed to her family as a devoted daughter, wife, and mother of three. When she was appointed to the Supreme Court to replace retiring Justice Potter Stewart, questions loomed about how she would rule on important constitutional issues, including affirmative action and racial and gender equality. For instance, during her tenure as a state legislator and state court judge, she did not face any “true affirmative action” case, and produced no writing on the issue. When responding to questions about affirmative action at her confirmation hearings, Justice O’Connor only observed that it was an issue likely to reach the Court in the future. She was correct, and it is her affirmative action and discrimination decisions that became some of her most notable opinions. As the annotations below demonstrate, commentators and legal scholars have reflected on Justice O’Connor’s work as a woman, a conservative, and a former politician. Her term ended in 2005, and scholars are beginning the process of reflecting on her years on the Court as well as her influence on constitutional law. In an effort to begin and contribute to this analysis, this selected annotated bibliography focuses on both the substantive and scholarly materials Justice O’Connor wrote, and the legal scholarship written about her and her jurisprudence. It is intended as a tool for researchers, and the categorization is intended to assist them by providing logical access to this material.
    • Making the Leap to Management: Tips for the Aspiring and New Manager

      Cadmus, Femi (2009-01-01)
      As the result of innate ability, a fortunate few are able to effortlessly transition from line positions. However, most of us need to plot the path to management astutely and with deliberation. Library professionals might also become "accidental" managers, finding themselves thrust into an unplanned and perhaps unwanted managerial position for which they were not prepared. This is particularly true in the current climate of constrained budgets characterized by restructuring, job freezes, and layoffs.
    • Making Your Wallflowers Blossom: How to implement the best social media strategy for your library

      Harrington, Ryan (2010-12-01)
      Considering the number of law libraries currently engaged in social media, many of us would agree that there is a benefit to be gained from our online presence. Yet when we polled the librarians here at Yale Law School for priorities on resource allocation, we discovered that our efforts in social media received the lowest priority.