New Books and Journals •

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

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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 http://guides.library.harvard.edu/GermanLaw.

852 RARE: A Controversial Execution in 1818 Edinburgh

In December 1818, Robert Johnston, age 24, was executed for robbing Mr. John Charles of some £600 in pounds and notes, plus a watch key and chain. This single crime, trial, and execution ignited a swarm of controversy – evidence of which can be found in our collections. We recently acquired a pamphlet, Letter to the Magistrates of Edinburgh … with Regard to the Execution of Robert Johnston, which joins several others in our collection that describe the trial and gruesome execution that followed.

Letter to magistrates

Letter to the magistrates of Edinburgh, 1819, HOLLIS 14401279

Opinion diverged about Johnston and the severity of his punishment. Some noted that Johnston, a 24-year-old carter, had repeatedly been in custody on various charges; in fact, he had only been out a few days before robbing Mr. Charles. Others noted that his parents were “honest and industrious,” and pointed out that Johnston had been thrown out of work due to economic distress in Scotland. These writers thought his only choice was to steal or starve.

All agreed that the punishment – execution by hanging – was severe. Other carters had recently committed crimes in Edinburgh; perhaps local magistrates wanted to make an example of Johnston. Citizens interceded on his behalf, to no avail.

On the day of the execution, a noose was slipped around Johnston’s neck, and he mounted a table, which was supposed to drop suddenly at Johnston’s signal. Unfortunately, the table did not drop completely, leaving him half standing and half suspended, struggling. As the crowd realized he was still alive, they urged the attending magistrate to halt the execution. Soon the crowd threw stones at the magistrate, overpowered the police, cut Johnston down, partially revived him and carried him off. The police eventually recaptured him, dragged him to the station, and continued their attempts to revive him before returning him to the gallows. During all this time Johnston appeared conscious but did not speak.

When the execution resumed and the table dropped once again, Johnston continued to struggle for about 20 minutes before finally expiring. The whole gruesome business lasted almost two hours.

Witnesses agreed on the sequence of events, and all were shocked at the inhumane and error-ridden execution. However, they vehemently disagreed about whether the magistrates exercised their duty to ensure a working scaffold and secure a competent executioner. Some blamed the magistrates; others blamed the crowd (which they called a mob) for cutting Johnston down and thereby prolonging his suffering.

Robert Johnston trial account

Authentic account of the trial … of Robert Johnston, 1819, HOLLIS 4390803

Letter to the citizens of Edinburgh

Letter to the citizens of Edinburgh; in which the cruel and malicious aspersions of an “eye-witness” are answered, 1819, HOLLIS 4388450

 

 

 

 

 

 

 

 

 

 

 

For historians of crime and punishment, it is useful to consult materials like the pamphlets here, which offer multiple perspectives, reminding us that there is often more than one “truth.” These pamphlets also shine a light on issues that concerned the populace and the police nearly two hundred years ago. They show that controversy over the death penalty was, and remains, a recurrent theme in other legal systems as well as our own.

German Corporate Law: New Bilingual Resource

One of the law library’s newest bilingual acquisitions is Standardvertragsmuster zum Handels- und Gesellschaftsrecht: Deutsch-Englisch (German-English Standard Forms and Agreements in Company and Commercial Law), by Dr. Dieter Stummel.  It is available in print in the law library under the call number KK2052.2 .S78 2015.

The 2015 5th edition includes many examples of documents that modern companies need to conduct their business under Germany’s corporate laws. These include registration applications, distribution and licensing agreements, corporate agreements and documents, sales and purchase agreements, real estate agreements, loan agreements, and employment agreements.  It also includes a selection of sample arbitration clauses.

The book uses a dual-column format, with the German text in the left column and its corresponding English text directly next to it in the right column:

 

 

 

 

 

 

 

 

 

 

 

This helpful dual-column format can also be found in some online language sources.  A great example of this is the Linguee online legal dictionary.  This source, which is available for German and more than 20 other languages,  is especially helpful if you are trying to understand a legal term in a particular context.  When you search for a term, the results list includes excerpts from legal and other texts that include the term you entered.  A translation is provided for each excerpt directly in the corresponding column position.

 

 

 

 

 

 

 

 

 

 

Check out the law library’s German Law Research Guide for more information about researching the German law.

Faculty Book Talk: Cass Sunstein’s Wiser: Going Beyond Groupthink to Make Better Decisions, Wed. Feb. 11 at noon

The Harvard Law School Library staff invites you to attend a book talk and panel discussion in celebration of  Professor Cass Sunstein’s recently published book with Reid Hastie, Wiser: Going Beyond Groupthink to Make Better Decisions, Wednesday February 11, 2015, 12:00 noon.

Harvard Law School, Room WCC 2012. (Directions).

Sponsored by the Harvard Law School Library.

Lunch will be served.

Professor Sunstein is currently the Robert Walmsley University Professor at Harvard. From 2009 to 2012, he was Administrator of the White House Office of Information and Regulatory Affairs. He is the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School. Mr. Sunstein has testified before congressional committees on many subjects, and he has been involved in constitution-making and law reform activities in a number of nations.

Mr. Sunstein is author of many articles and books, including Republic.com (2001), Risk and Reason (2002), Why Societies Need Dissent (2003), The Second Bill of Rights (2004), Laws of Fear: Beyond the Precautionary Principle (2005), Worst-Case Scenarios (2001), Nudge: Improving Decisions about Health, Wealth, and Happiness (with Richard H. Thaler, 2008), Simpler: The Future of Government (2013) and most recently Why Nudge? (2014) and Conspiracy Theories and Other Dangerous Ideas (2014).

Sunstein book talk poster

“Why are group decisions so hard? Since the beginning of human history, people have made decisions in groups–first in families and villages, and now as part of companies, governments, school boards, religious organizations, or any one of countless other groups. And having more than one person to help decide is good because the group benefits from the collective knowledge of all of its members, and this results in better decisions. Right? Back to reality. We’ve all been involved in group decisions–and they’re hard. And they often turn out badly. Why? Many blame bad decisions on “groupthink” without a clear idea of what that term really means. Now, “Nudge” coauthor Cass Sunstein and leading decision-making scholar Reid Hastie shed light on the specifics of why and how group decisions go wrong–and offer tactics and lessons to help leaders avoid the pitfalls and reach better outcomes. In the first part of the book, they explain in clear and fascinating detail the distinct problems groups run into: They often amplify, rather than correct, individual errors in judgment; They fall victim to cascade effects, as members follow what others say or do; They become polarized, adopting more extreme positions than the ones they began with; They emphasize what everybody knows instead of focusing on critical information that only a few people know. In the second part of the book, the authors turn to straightforward methods and advice for making groups smarter. These approaches include silencing the leader so that the views of other group members can surface, rethinking rewards and incentives to encourage people to reveal their own knowledge, thoughtfully assigning roles that are aligned with people’s unique strengths, and more. With examples from a range of organizations–from Google to the CIA–and written in an engaging and witty style, “Wiser” will not only enlighten you; it will help your team and your organization make better decisions–decisions that lead to greater success.” —  Harvard Business Review Press

Book talk panelists include:

Martha Minow

 

 

 

Dean Martha Minow, Morgan and Helen Chu Dean and Professor of Law, Harvard Law School

 

Screen Shot 2015-01-09 at 12.49.54 PM

 

 

Professor Max H. BazermanJesse Isidor Straus Professor of Business Administration, Harvard Business School

 

Louis Kaplow

 

 

 

Professor Louis KaplowFinn M. W. Caspersen and Household International Professor of Law and Economics

 

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Lawrence Summers, Secretary of the Treasury under President Clinton; Director of the National Economic Council under President Obama—

“No man is an island, and all important decisions are made collectively. This important book shows how they can be made better and so will make groups, crowds, and our society wiser and better. Anyone involved in making decisions that matter should read this book.”

John Engler, President, Business Roundtable—

“Drawing on academic research, real-world examples, and, in Sunstein’s case, White House experience, the authors identify the most common mistakes groups fall victim to and offer sensible ways to avoid those often-expensive errors. In Sunstein and Hastie’s recommendations, CEOs and managers alike will find much that leaves them, in a word, wiser.”

Claire Shipman, Correspondent, ABC’s Good Morning America; Author, The Confidence Code

“More minds aren’t always better, according to Cass Sunstein and Reid Hastie. In Wiser, they deftly lay out the unexpected perils of group decision making and provide smart, straightforward, and often surprising fixes. Utterly fascinating and counterintuitive, this book is an essential read for executives and managers—for anybody, actually, hoping to make an enterprise successful.”

Austan Goolsbee, Professor, University of Chicago Booth School of Business; former Chairman of the Council of Economic Advisers under President Obama—

“There have been lots of books written on why and how individuals make bad decisions. But many of the most important decisions are made by committee, where normal problems get magnified. Finally, Sunstein and Hastie have provided crucial insights and lessons to help groups and teams avoid pitfalls and make effective decisions. Leaders everywhere should take these lessons to heart.”

Doris Kearns Goodwin, Pulitzer Prize–winning presidential historian; Author, Team of Rivals and The Bully Pulpit

“This gem of a book is full of penetrating insight, sensible advice, and fascinating stories drawn from practical experience. Written with clarity and grace, it provides an invaluable road map for leaders and managers in both public and private life. I can think of dozens of historical decisions that might have been better made had our leaders followed these precepts.”

New eResources at Harvard

The Harvard Library has an astounding amount of resources, with new titles coming in every day!  For help efficiently navigating it all, make a time to meet with a librarian or contact the Reference Desk.

New resources at Harvard

American Indian Histories and Cultures

Manuscripts, artwork and rare printed books dating from the earliest contact with European settlers; with treaties, speeches and diaries, andd travel journals.

Cambridge Edition of the Works of Ben Jonson Online 

Jonson’s complete writings;  and comprehensive body of essays and archives necessary for full study of Jonson’s life.

Digital Innovation South Africa

Scholarly resource focusing on the socio-political history of South Africa, particularly the struggle for freedom during the period  from 1950 to the first democratic elections in 1994.

Gallup Analytics     

Data from countries representing 98% of the world’s population; access Gallup’s U.S. Daily tracking and World Poll data to compare residents’ responses on topics such as economic conditions and education.

Oxford Encyclopedia of Theatre and Performance

Authoritative information on theatre and performance from ancient Greek theatre to the latest developments in London, Paris, New York, and around the globe; covers dance, opera, radio, film, television, and popular performance.

Oxford Handbooks Online / Music 

Scholarly books (online) contain essays written by the foremost scholars in music.

Palgrave Encyclopedia of Strategic Management 

Strategic management is an emerging field with loosely defined concepts and boundaries; this encyclopedia seeks to give the field some definition.

Psychoanalytic Electronic Publishing Archive [PEP]

An archive of the entire psychoanalytic literature in English, along with foreign and international journals.

SRDS (Kantar Media)

Circulation data and advertising rates for U.S. publications; market demographics and lifestyle market analysis – with info on attitudes toward sports, travel and leisure.

New eResources at Harvard

The Harvard Library has an astounding amount of resources, with new titles coming in every day!  For help efficiently navigating it all, make a time to meet with a librarian or contact the Reference Desk.

New resources at Harvard

Data is derived from its comprehensive statistical activities, comprises of periodic information on structure and growth of economy, social change, and development. T
Since its inception in 1974, the Bureau provides statistical information to guide decision making and the development process to the government and other stakeholders.
Sanctioned by the Government of India as part of its programme for the celebration of Rabindranath Tagore’s 150th birth anniversary. It has been fully funded by the Ministry of Culture, Government of India, and includes digital images of virtually all his manuscripts and authoritative print versions (books and journals).
Exclusive research and analysis by the Chinese Academy of Social Sciences and authors from similar institutions, and present objective analysis versus official government messaging on strategic issues.
Watch Indian movies old and new from this archive!
Council for the Development of Social Science Research in Africa – full text publications.  Example:  Land and Agrarian Reform in Zimbabwe : Beyond White-Settler Capitalism (2013).
The full text of the Colombian census (in Spanish) from 2005.
Over 70 books covering history, cultural studies, political science, and philosophy; helpful for learning about Jane Austin, Dylan Thomas – and even Utopian and Dystopian Literature to 1800.

Allows for a methodical search into WTO jurisprudence, including for investment treaty (investor-state) arbitration issues.

Part 1:  News Features & Internal Communications, 1848-2000
Part 3: U.S. Cities Bureaus Collection

New eResources at Harvard

The Harvard Library has an astounding amount of resources, with new titles coming in every day!  For help efficiently navigating it all, make a time to meet with a librarian or contact the Reference Desk.

New resources at Harvard

Eurekahedge

Provides information on hedge funds and other private investments from around the world.  Great for finding potential employers!

China GeoExplorer

China demographic and economic data, maps, charts and reports in a web-based delivery system.  Data sources include demographic and business information for all PRC geographies, including 31 Provinces, 345 Prefecture Cities, 2,873 Counties, and over 50,000 Townships. The GeoExplorer is part of a larger set of resources, called China Data Online.