Foreign Jurisdictions •

New Title Spotlight: The Liechtenstein Rules of Arbitration

One of the more recent European jurisdictions to make itself available as an arbitration venue is the Principality of Liechtenstein. In 2010, Liechtenstein amended its Civil Procedure Code (Zivilprozessordnung) to include a number of provisions related to arbitration.

The Liechtenstein Arbitration Association was formed in 2011. Since its formation, this organization has worked to establish Liechtenstein as a desirable forum for resolving disputes through arbitration. One of the means by which the organization’s membership has done this is to create the Liechtenstein Rules of Arbitration.

An English-language commentary on these rules, which includes the text of the rules in both English and French, was recently added to the law library’s collection:

The Liechtenstein Rules of Arbitration (Liechtenstein Rules): A Commentary Including the French Version and Model Clauses
Authors: Felix Dasser and Nicolas W. Reithner
Call Number: KKJ 182.9 .D37 2015
Location: Lewis (ILS) building, first floor

Co-author Felix Dasser is the head of the Ligitation/Arbitration practice team at the Homburger Law Firm in Zürich, Switzerland. He earned his LL.M. from Harvard Law School in 1990.

Welcome LLM Students!

WelcomeIt has been so great to see all of the new LLM students here at the law school during the last week or so! We are very glad you’re here. There is such wonderful energy here on campus during this time of year.

We have seen many LLM students already in our library tours and Hollis/E-Research training classes so far. If you are an LLM student and you have not had a chance to sign up for these yet, visit the Law Library Training Calendar to register –

Comparative Law Resources in the Law Library

I often post in this blog about recently-acquired English-language comparative law resources in our collection. These types of resources can be a great way to explore the law of jurisdictions for which there are otherwise not a lot of materials in English.

One of our newer books, for example, will be very helpful to researchers who would like to conduct a multi-jurisdictional exploration of patent law:

Patent Enforcement in the U.S., Germany, and Japan
Toshiko Takenaka, et al.
Published in 2015 by Oxford University Press
Law Library, Langdell Building 3rd floor
Call number K 1505 .T35 2015

The lead author is a technology law professor at the University of Washington Law School, where she also completed her LLM and PhD. The book represents her collaboration on this subject with law professors and patent law attorneys in Germany and Japan. Topic covered include infringement, validity challenges, enforcement procedures, and remedies for each of the three jurisdictions.

Library of Congress Subject Heading Authorities in the Hollis Library Catalog

I also wanted to use this post to discuss searching the Hollis library catalog ( using subject keywords. This can be a good method for finding comparative law materials in the law library collection, not only in English but in other languages as well.

The law library’s catalogers use Library of Congress Subject Authority Headings ( when they catalog our library materials. Because they represent a controlled vocabulary, using LOC Subject Authority Headings in your subject keyword searches will help you find materials on the subject you specify regardless of what language the materials themselves are written in.

For example, you can search Hollis using these subject keywords:

patent laws germany japan

There are seven results for this search, four in English, one in German, and two in Japanese. The Hollis results screen is shown below.

Hollis Catalog Search Results Screen, Search is Subject Keywords: patent laws germany japan


In the Hollis record itself, each subject heading authority is hyperlinked. Click a link to find additional materials to which that subject heading authority was specifically assigned.

Hollis record with green box around hyperlinked subject heading authorities.


As you are learning how to use Hollis, you may want to experiment with searching by subject. You may find that your searches are more precise, and your search results more relevant, than using general keywords alone.

Please visit if you need help from a research librarian on searching Hollis or any other aspect of law library research.

852 RARE: Games People Play*

Believe it or not, Historical & Special Collections is home to some law-related games, including playing cards and materials created to help students learn the law. This set of educational cards, published in Halle, Germany in 1709, was intended to teach students civil law.

Civil Law Playing Cards

Chartae Iusoriae Juridicae (Halle, 1709), HOLLIS 3706209.

Our set consists of 34 cards, numbered 2 through 35. Each card contains several principles of civil law, written in Latin. The principles are numbered 5 through 194. It’s too bad the first card is missing from our set! Each card has been backed with marbled paper, and the whole set fits into a papier mâché box, also covered with marbled paper.

Case and Playing Cards

Case and Playing Cards, HOLLIS 3706209.

There is an eight-page instruction booklet, written in German, bound into marbled paper wrappers that match the playing cards. Students could use the cards as simple flash cards for self-study, or gather with a group of fellow students for a scintillating round of play. Here are a few excerpts from the instructions, translated by Jennifer Allison, an HLSL Foreign, Comparative, and International Law Librarian:

  1. Those who would like to familiarize themselves with these laws and repeat them at will / must start by learning the first law on a card / tam quoad numerum, quam quoad sensum, and discuss it with their fellow players / who do the same thing.
  2. Once this has happened / they both, or also four, five, and six [people] could … / sit together / shuffle the cards / and deal them out to each player.
  3. At this point, the person who received the first card starts / by asking his neighbor a question about one of the cards in his hand e.g. ex fol 8. An possessor rerum immobilium satisdare teneatur? If this person answers / quod sic; he has answered incorrectly and must take the card / and must read … out loud from it / so that the other players, ex auditu, can be informed of the law. …
Instruction Booklet

Instruction Booklet, HOLLIS 3706209.

Let’s hope they were drinking lots of beer. Nevertheless, it’s a good reminder that legal study aids – and the market for them – have been around for a long time. Good luck in your law school studies, whichever study method you choose!

*with apologies to Eric Berne

New [And Improved] Title Spotlight: World Criminal Justice Systems: A Comparative Survey (9th ed.)

This time around, rather than looking at a brand new publication, I have decided to focus on the new edition of a treatise that was first published in 1984:

World Criminal Justice Systems: A Comparative Survey
Richard J. Terrill
9th edition, 2016
Law Library Reference Reading Room (Langdell 4th Floor), REF HV 7419 .T47 2016

This is not strictly a legal treatise, although much of its content will be of interest to comparative criminal law researchers. Instead, it focuses on the field of study of “criminal justice,” which according to the author encompasses several academic disciplines, including “[s]ociology, psychology, law, and public administration[.]” (Introduction, at 1)

The author makes it clear that this work facilitates the reader’s comparative analysis of the jurisdictions and legal systems surveyed, rather than providing its own. The book is targeted toward researchers with knowledge of the American criminal justice system; accordingly, the United States is not one of the featured jurisdictions. However, even non-U.S. researchers will likely find its clear, informative contents to be very valuable for introductory purposes.

For each of the jurisdictions covered (England, France, Japan, South Africa, Russia, and China), the author provides an informative overview of the government, the police, the judiciary, the law, the correctional system, and juvenile justice.  In addition, a chapter on Islamic Law was first added to the 8th edition in 2013. In this new edition, this chapter discusses the historical development of Islam and Sharia, and illustrates criminal justice principles in Islamic law countries using three “contemporary case studies” (Saudi Arabia, Iran, and Turkey).

As the author explains in the introduction (pp. 7-9), when considering which jurisdictions to include, he focused on the evolution of their legal systems. In particular, he references “legal families”: while England represents common law; the “Romano-Germanic” tradition is represented by France as an original jurisdiction, as well as “borrowers” to varying degrees: Japan, South Africa, and the Russian Federation. The latter is also an example of a jurisdiction in the “socialist law” family, together with China. Finally, in adding the Islamic Law content, the author’s intention was not only to provide a view into criminal justice in “theocratic” societies, but also to focus on “countries [that] view the purpose and function of law in a different context from that which emerged in the West.”

In addition to its substantive content, the real value of this book to the researcher is its extensive bibliography of English-language sources, including books and scholarly articles, for each jurisdiction/legal system it covers.  Altogether, it is an excellent introductory source for legal researchers who are interested in researching any aspect of the criminal justice system in a comparative context.

New Title Spotlight: Restorative Justice and Mediation in Penal Matters

It’s been a great month for discovering new titles in our collection that will appeal to comparative law researchers! The latest title that caught my eye provides a survey of criminal justice ADR practice in 36 (36!) European countries:

Restorative Justice and Mediation in Penal Matters: A Stock-Taking of Legal Issues, Implementation Strategies and Outcomes in 36 European Countries
Frieder Dünkel, Joanna Grzywa-Holten, Philip Horsfield (eds.)
Forum Verlag Godesberg, 2015
(2 volumes)

The editors’ goal in compiling this collection was to “know what there is in Europe today in terms of [Restorative Justice] RJ in penal matters, what the driving forces have been for introducing RJ, how it has been implemented in legislation and on the ground, and what role it plays (central or peripheral) in criminal justice practice.” (p. 3)

Each country report includes an in-depth discussion of active and proposed Victim Offender Mediation (VOM) programs for both adult and juvenile offenders.

Highlights include:

Austria’s NEUSTART program includes three options: “VOM, community service, and probation assistance.”  The use of VOM has been studied there for several years and has shown interesting results, including the public prosecutor dismissing criminal charges in 78% of cases in which VOM was used. (pp. 34-35)

The laws of the Czech Republic provide several RJ-oriented options to “the full range of criminal justice stakeholders: the police, public prosecutors, Probation and Mediation Service, offenders, and victims[.]” These include VOM, conciliation (narovnání) hearings, and both “conditional discontinuance” and abandonment of criminal prosecution. (pp. 171-74)

In Finland, “[f]our structures serve the interests of the victim’ restorative needs[,]”:

  • Insurance and civil law compensation schemes
  • The state compensation system
  • Diversion in the form of non-prosecution
  • Mediation

The Finnish government has an extensive network of agencies to oversee and facilitate mediation in criminal cases, including “the Ministry of Social and Welfare Affairs…, the Advisory Board on Mediation in Criminal Cases, the mediation office, and the mediation officer in charge.” The use of mediation in Finnish criminal cases has been extensively researched, and data about mediation participants and their relative satisfaction with the mediation process is included in the report. (pp. 243-62)

Romania’s Law on Mediation and the Mediator Profession (Law No. 192/2006, published in the Official Gazette No. 441 on May 22, 2006) “regulates…the procedure and characteristics of mediation in penal matters.”  This law was amended in 2009 (Law 370/2009), “introduc[ing] the duty of justice officials to inform the parties about the availability of mediation.” The report provides an extensive explanation of the statutory requirements for the mediation process required under this law, and it also discusses the results of 2010 survey of public prosecutors and judges regarding the use and acceptance of VOM in criminal proceedings. (pp. 697-719)

The report from Ukraine features a discussion of the work done to advocate for the use of RJ in criminal proceedings by “civil society organizations,” including the Ukrainian Centre for Common Ground (UCCG). This organization first introduced a pilot program of VOM in criminal cases in Ukraine in 2003. Currently, the UCCG’s work includes providing training for mediators who offer mediation services in the 14 Community Restorative Justice Centres (CRJCs) across the country. (pp. 989-1005)

This resource provides a wealth of information for comparative research of criminal justice, ADR, and European legislation. Each report is highly readable and helpfully annotated with primary and secondary source references.  The national experts who wrote these reports have done us a real service in contributing their knowledge to these volumes. It is definitely worth a look if your interests lie in any of these areas.

New Title Spotlight – Arbitration in Africa: A Review of Key Jurisdictions

The law library recently added an important title to its collection for foreign and international arbitration research:

An Introduction to Arbitration in Africa: A Review of Key Jurisdictions
John Miles, Tunde Fagbohunlu SAN and Kamal Rasiklal Shah
Sweet and Maxwell, 2016
Law Library Lewis/ILS basement stacks, KQC500 .M55 2016

This book provides information about the legal systems and arbitration laws and procedures (including enforcement and appeal of arbitration awards) of many African jurisdictions. It is organized as follows:

Arbitration in Africa: A Review of Key Jurisdictions, by John Miles, Tunde Fagbohunlu SAN and Kamal Rasiklal Shah (2016)

North Africa:

Algeria, Egypt, Morocco, Sudan, Tunisia

The East African Community and Ethiopia:

Ethiopia, Kenya, Rwanda, Tanzania, Uganda

Southern Africa:

Botswana, Malawi, South Africa, Zambia, Zimbabwe

English-Speaking West Africa:

Ghana, Nigeria

African Lusophone Countries:

Angola, Guinea-Bissau, Mozambique

The Islands of Africa:

Cape Verde, Madagascar, Mauritius, Sao Tome and Principe

Arbitration under the OHADA System:

Cameroon, Cote d’Ivoire, Democratic Republic of Congo, Gabon, Guinea (Conakry), Togo

The book also provides a list of African countries that are signatories to the ICSID convention, and lists of the bilateral investment treaties (BITs) into which African countries have entered.

Book Series Spotlight: German Law Accessible


Tax Law in Germany (2nd Edition, 2016)

The law library’s collection includes many English-language materials on German law. One especially helpful resource is the German Law Accessible series of books, published by the German legal publisher C.H. Beck.

Many of the titles in the German Law Accessible series focus on subjects related to commercial/business law. The most recent title in this series is no exception – it is the 2016 2nd edition of Tax Law in Germany (3rd floor of the Law Library’s ILS/Lewis Collection, call number KK7105.8 .H33 2016). Its authors, Florian Haase and Daniela Steierberg, are tax law experts in the Hamburg office of the international financial consulting firm Rödl & Partner.

In the introduction, the authors describe their book as being “written from a practitioner’s perspective…[offering] a succinct description of the law together with lots of examples.”  However, despite its practitioner-oriented focus, this book provides an ideal opportunity for academic researchers who do not read German to learn about taxation in Germany.  Subjects covered in the books include an overview of the German legal tax system, taxation issues related to corporations and partnerships, special tax problems involving cross-border investments, transfer pricing, and much more.

For more information about researching German law at HLS, visit our German Law Research Guide at

852 RARE: David Sewall: Lawyer, Federal Judge, Weather Aficionado

It’s spring break at Harvard, although March can bring decidedly un-springlike weather to New England. After an unusually mild winter (except for one weekend of record-breaking cold), the first weekend of spring break started off as mild and sunny as a fine day in late April, and is now, well, very March-like. Weather is a perennial topic of conversation in New England (and everywhere else?). It affects us all and is a topic of conversation anyone can participate in and on which everyone seems to have an opinion.

Of all seasons, winter is perhaps especially ripe for discussions, whether one is marveling at, cursing, or boasting about record snowstorms, record cold, unseasonable warmth, and everything in between. Not surprisingly there’s nothing new about the weather as a rich source of conversation. As we approach the vernal equinox on March 20th this year, here’s a glimpse into the meteorological musings of David Sewall (1735-1825). Sewall was a 1755 Harvard graduate (and classmate of John Adams), a lawyer, and a judge, appointed by George Washington to the U.S. District Court for the District of Maine in 1789, a position he held until his resignation in 1818.

Historical & Special Collections has a letter from Sewall, written from his home in York, Maine (then part of Massachusetts) to an unidentified correspondent, on January 17, 1795.

HOLLIS 2204095_p1

Sewall begins with the acknowledgement of a small book, then talks of politics. But soon the topic of the weather slips in, when in the third or fourth line, he comments: “The month of December as to mildness and agreeableness of weather has surpassed any that the most ancient among us, can recollect. We have now scarcely enough for slaying [sleighing] ….” Shortly thereafter Sewall turns back to politics and government, pondering Alexander Hamilton’s intention to resign as Secretary of State at the end of the month. He mentions meeting and conversing with the Rev. David Osgood (1747-1822) in a public house in Woburn (Mass.) and discusses court and legislative issues. But the next day, a Sunday, when he picks up his pen to continue the correspondence, his opening line sets the tone for most of the rest of the letter.

HOLLIS 2204095_p2-3

“Last Evening we had a pretty fall of light snow … The cold increases and N.N.W. wind blows about the Snow considerably this Evening.” He asks “how comes it that we ever have snow?” and launches into a long, detailed, and thoughtful musing on trade winds, precipitation, temperatures, and weather patterns along the eastern coast of the United States. He marvels at having “known the thermometer to be at 6° below 0 and in less than 9 hours to be above the freezing point” and notes that “I have known the snow to dissolve faster toward the close of Winter with a Southerly Wind of 24 hours (or a little longer) continuance than with a moderate Rain, of the same duration.” Had he lived in our era, the good judge from Maine may have settled down at the end of a long day to watch the Weather Channel.

German Passports and Identification Documents: A History

In browsing the library’s German stacks recently (“KK” call numbers – 3rd floor of the Lewis/ILS building) I discovered a very cool book: an illustrated history of German passports and identification documents from the middle ages to the present.

Der Passexpedient: Geschichte der Reisepässe und Ausweisdokumente – vom Mittelalter bis zum Personalausweis im Scheckkartenformat
Andreas Reisen
Nomos Verlag, 2012

Andreas Reisen (whose last name, interestingly, is the infinitive form of the German verb “to travel”) must have had a lot of fun researching this book and exploring historical and modern examples of German passports and travel/identification documents.  Some have been scanned and included as illustrations, making the book appealing even to those who don’t read German.

When I mentioned this book to one of my colleagues, she asked, “They had passports in the middle ages?”  Well, in a manner of speaking, yes.  They weren’t little books filled with border guard stamps, however.  Instead, for example, they might have looked like this:

According to the caption, this is an “accompanying letter from Kaiser Carl V for Martin Luther for travelling to Worms” from 1521.  This letter was issued during a crucial period in the course of Luther’s life, as he had recently been excommunicated from the Catholic Church and was called to appear before the Diet of Worms to answer for his criticism of the church.  Ultimately, this journey, as a result of which he was a labeled a “convicted heretic,” was a significant stepping stone toward Luther forming the Lutheran Church.

By the 1800s, statutory requirements for passports in the area we now know as Germany were coming into force.  One example of this is the 1813 Allgemeines Paßregelement of the Royal State of Prussia. According to this law, foreign nationals, “regardless of profession, age, gender and religious belief, regardless if [they] arrive by water or land, or through an official post, or otherwise by wagon, horseback, or on foot, whether [they] would like to remain in our territories or simply pass through them,” must provide personal documentation that states one of several acceptable reasons for admission into Prussia.

(By the way, the publication in which this law originally appeared, Gesetz-Sammlung für die königlichen Preußischen Staaten, is available in print through the Harvard Depository.  Harvard’s print copy has also been digitized and is available through the HathiTrust database.  Click here to see page 47 of the 1813 volume, where this law was originally published.)

Examples of passports from the various governing entities in Germany in the mid-1800s follow a common format, with the person’s biographical information listed in the left-hand column, and the description of the reason the person is travelling on the right.

60 61

Photos, however, did not start appearing in passports until the early 1900s.


The second half of the book describes and shows the evolution of personal identification and travel documentation in Germany throughout the 20th and 21st centuries.  It concludes by discussing the new personal ID card format that was introduced in 2010.

This is a fascinating historical survey of German passports and identification documents, thoroughly researched and well-illustrated with beautiful scanned images.  It’s well-worth a look, even if you don’t read much German.

“Transliteration” of Foreign Languages in HOLLIS Records

The law library’s print collection includes many non-English books and journals, including materials published in languages that do not use the Roman/Latin alphabet.

The example below shows the HOLLIS+ record of a Russian-language book that was recently added to the collection.  Information in several of the fields, including the title, is shown first in Cyrillic, and then in what is known as “transliterated” or “Romanized” Russian:

HOLLIS+ Record of a Russian Book in the Law Library.

HOLLIS+ Record of a Russian Book in the Law Library.

The law library’s catalogers use the ALA-LC Romanization rules to create the transliterated text. Romanization tables showing these rules, for languages from Amharic to Vai, are available to the public through the Library of Congress’s website:

Want to learn more about how Romanization works for non Latin/Roman alphabet-language materials in libraries?  Check out these resources: