New Books and Journals • Et. Seq: The Harvard Law School Library Blog

Book Talk: Cass Sunstein’s On Freedom, Wednesday, February 27 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of On Freedom by Cass R. Sunstein (Princeton Univ. Press, February 2019). Professor Sunstein is the Robert Walmsley University Professor at Harvard University.

Wednesday, February 27, 2019, at noon
Harvard Law School WCC Milstein West A/B (Directions)
1585 Massachusetts Ave., Cambridge, MA
No RSVP required

Sunstein On Freedom poster

About On Freedom

“In this pathbreaking book, New York Times bestselling author Cass Sunstein asks us to rethink freedom. He shows that freedom of choice isn’t nearly enough. To be free, we must also be able to navigate life. People often need something like a GPS device to help them get where they want to go—whether the issue involves health, money, jobs, children, or relationships.

In both rich and poor countries, citizens often have no idea how to get to their desired destination. That is why they are unfree. People also face serious problems of self-control, as many of them make decisions today that can make their lives worse tomorrow. And in some cases, we would be just as happy with other choices, whether a different partner, career, or place to live—which raises the difficult question of which outcome best promotes our well-being.

Accessible and lively, and drawing on perspectives from the humanities, religion, and the arts, as well as social science and the law, On Freedom explores a crucial dimension of the human condition that philosophers and economists have long missed—and shows what it would take to make freedom real.” — Princeton University Press

More About On Freedom

“Real freedom is the freedom to reach your goal, not to get lost at every turn. In this powerful book, Cass Sunstein shows when policy can help us navigate to where we want to go, where policy might overstep by choosing the end point for us, and how to tell the two apart. A delightful masterpiece.” — Esther Duflo, Massachusetts Institute of Technology

On Freedom is an elegant, clear, deceptively simple book about a fiendishly complex problem. How can free societies help citizens to navigate among a perplexing multitude of forking paths, only some of which lead toward desirable ends? How is a nudge in the right direction distinct from coercion? What is the best way to enable people to choose paths that enhance life, liberty, and the pursuit of happiness? Drawing on a wealth of probing examples from social policy, literature, and his own experience, Sunstein brilliantly illuminates the challenges that face governments and individuals and sketches plausible ways forward.” — Stephen Greenblatt, author of The Swerve: How the World Became Modern

“In this eloquent and timely book, Cass Sunstein asks urgent questions relevant to the crisis of democracy in which we find ourselves. As the author has demonstrated in the past, he is a thoughtful navigator of territory we may have prematurely believed we understood.” — Joyce Carol Oates

“An important and engaging book on freedom and choice by a top scholar. Sunstein gives us a comprehensive and cutting-edge treatment of his enormously influential work on nudging and well-being.” — L. A. Paul, author of Transformative Experience

“By redefining freedom, this becomes a book about the meaning of life.” — Robert J. Shiller, Nobel Prize–winning economist

Book Talk: Will China Save the Planet?, Wednesday, February 20th at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of Barbara Finamore’s Will China Save the Planet? (Polity, Nov., 2018).  Barbara Finamore is a Senior Attorney and Asia Senior Strategic Director at the Natural Resources Defense Council (NRDC). She has over three decades of experience in environmental law and energy policy, with a focus on China for twenty-five years. In 1996, she founded NRDC’s China Program, the first clean energy program to be launched by an international NGO.

This book talk is co-sponsored by the Harvard Law School Library, East Asian Legal Studies, the HLS Environmental Law Society, and the Harvard-China Project.

Wednesday, February 20, 2019, at noon
Harvard Law School WCC Milstein West B
1557 Massachusetts Ave., Cambridge, MA (Directions)
No RSVP required

Will China Save the Planet Book Talk

 

About Will China Save the Planet?

“Now that Trump has turned the United States into a global climate outcast, will China take the lead in saving our planet from environmental catastrophe? Many signs point to yes. China, the world’s largest carbon emitter, is leading a global clean energy revolution, phasing out coal consumption and leading the development of a global system of green finance.

But as leading China environmental expert Barbara Finamore explains, it is anything but easy. The fundamental economic and political challenges that China faces in addressing its domestic environmental crisis threaten to derail its low-carbon energy transition. Yet there is reason for hope. China’s leaders understand that transforming the world’s second largest economy from one dependent on highly polluting heavy industry to one focused on clean energy, services and innovation is essential, not only to the future of the planet, but to China’s own prosperity.” — Polity

More About Will China Save the Planet?

“A hugely informative and readable book about how much China is doing – and needs to do – to spur the clean energy revolution that is a crucial element in the fight against climate change. I highly recommend it.” — Todd Stern, Former Special Envoy for Climate Change under President Obama

“Finamore has written an impressively well-researched and truly fascinating account of China’s fitful odyssey to climate consciousness. In an otherwise pretty bleak global tableau, this progress offers some welcome grounds for hope.” — Orville Schell, Arthur Ross Director, Center on US-China Relations, Asia Society

“A must-read.” — Make Wealth History

‘Barbara Finamore has written a highly readable and informative overview of China’s role in the global climate change battle. Will China Save the Planet? is a good primer for environmental policy analysts and anyone else interested in studying feasible solutions to climate change, humanity’s greatest threat.’ — Eurasia Review

Book Talk: FIBER: The Coming Tech Revolution—and Why America Might Miss It, Wednesday, February 13 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of FIBER: The Coming Tech Revolution—and Why America Might Miss It by Susan Crawford (Yale Univ. Press, Jan. 8, 2019). Professor Crawford is the John A. Reilly Clinical Professor of Law at Harvard Law School.

Wednesday, February 13, 2019, at noon
Harvard Law School WCC Milstein West B (Directions)
1585 Massachusetts Ave., Cambridge, MA
No RSVP required

Susan Crawford Poster FIBER

About FIBER: The Coming Tech Revolution—and Why America Might Miss It

“The world of fiber optic connections reaching neighborhoods, homes, and businesses will represent as great a change from what came before as the advent of electricity. The virtually unlimited amounts of data we’ll be able to send and receive through fiber optic connections will enable a degree of virtual presence that will radically transform health care, education, urban administration and services, agriculture, retail sales, and offices. Yet all of those transformations will pale compared with the innovations and new industries that we can’t even imagine today. In a fascinating account combining policy expertise and compelling on-the-ground reporting, Susan Crawford reveals how the giant corporations that control cable and internet access in the United States use their tremendous lobbying power to tilt the playing field against competition, holding back the infrastructure improvements necessary for the country to move forward. And she shows how a few cities and towns are fighting monopoly power to bring the next technological revolution to their communities.” — Yale University Press

More About FIBER: The Coming Tech Revolution—and Why America Might Miss It

“If we can just finish the last mile for fiber to reach into households, Susan Crawford shows, we can unleash a revolution of economic growth, education, and health, and address inequality in a whole new way. Crawford shifts effortlessly from the heights of policy to the literal ground level and shows us the way.”— Anthony Marx, President, New York Public Library

“By vividly describing a world filled with fiber-enabled technology as well as the perils and possibilities for achieving it, Susan Crawford has written a playbook for a fairer and more prosperous United States.”— Andy Berke, Mayor, Chattanooga, Tennessee

“Engaging and accessible … An indictment of national regulatory politics and crony capitalism and a love story about the plucky local governments overcoming the odds to bring their own communities into the twenty-first century. A microcosm of what ails America—and what nonetheless can give us hope.”— Yochai Benkler, Harvard Law School

“Crawford convinces with impeccable journalism and empathetic portraits of rural communities and low-income cities in distress, the ails of which could be much alleviated by a large-scale federal investment in fiber optic connections . . . Crawford’s work is both refreshing and potent in how it clinically identifies the problem, and proposes a straightforward, feasible solution.” —Publishers Weekly

“Essential reading.” — Kirkus Reviews, (starred review)

About Susan Crawford

Susan Crawford is the John A. Reilly Clinical Professor at Harvard Law School. She is the author of FIBER: The Coming Tech Revolution And Why America Might Miss It and Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age; co-author of The Responsive City: Engaging Communities Through Data-Smart Governance; and a contributor to WIRED.

She served as Special Assistant to the President for Science, Technology, and Innovation Policy (2009) and co-led the FCC transition team between the Bush and Obama administrations. Crawford also served in the past as a member on Mayor Michael Bloomberg’s Advisory Council on Technology and Innovation and on Mayor Bill de Blasio’s Broadband Task Force.

Crawford was formerly a (Visiting) Stanton Professor of the First Amendment at Harvard’s Kennedy School, a Visiting Professor at Harvard Law School, and a Professor at the University of Michigan Law School. As an academic, she teaches Internet law and communications law. She was a member of the board of directors of ICANN from 2005-2008 and is the founder of OneWebDay, a global Earth Day for the Internet that takes place each Sept. 22.

She has been named one of Politico’s 50 Thinkers, Doers and Visionaries Transforming Politics; one of Fast Company’s Most Influential Women in Technology; an IP3 Awardee; one of Prospect Magazine’s Top Ten Brains of the Digital Future; and one of Time Magazine’s Tech 40: The Most Influential Minds in Tech.

Spotlight on Recent Titles: ADR Around the World

Alternative Dispute Resolution (ADR) has really become a global phenomenon.  The HLS Library has acquired several new titles recently that focus on the practice of ADR (including arbitration, mediation, negotiation, and more) in various jurisdictions around the world.

Below is a list of selected recent English-language titles that may be of interest to comparative ADR researchers, organized alphabetically by geographic area or jurisdiction.

Conflict Resolution in Asia: Mediation and Other Cultural Models
Stephanie P. Stobbe (ed.)
Lexington Books, 2018
ISBN: 9781498566438
HOLLIS: http://id.lib.harvard.edu/alma/990152797880203941/catalog

International Arbitration Discourse and Practices in Asia
Vijay K. Bhatia et al. (eds.)
Routledge, 2018
ISBN: 9781138282216
HOLLIS: http://id.lib.harvard.edu/alma/990152056910203941/catalog

Australian Dispute Resolution: Law and Practice
Laurence Boulle and Rachael Field
LexisNexis Butterworths, 2017
ISBN: 9780409341850
HOLLIS: http://id.lib.harvard.edu/alma/990148269920203941/catalog 

Domesticating Democracy: The Politics of Conflict Resolution in Bolivia
Susan Helen Ellison
Duke University Press, 2018
ISBN: 9780822370932
HOLLIS: http://id.lib.harvard.edu/alma/990152739690203941/catalog

The Law of ADR in Canada: An Introductory Guide (2nd ed.)
Duncan Glaholt
LexisNexis Canada, 2018
ISBN: 9780433496724
HOLLIS: http://id.lib.harvard.edu/alma/99153687273303941/catalog

Mediation in Contemporary China: Continuity and Change
FU Hualing and Michael Palmer (eds.)
Wildy, Simmonds & Hill Publishing, 2017
ISBN: 9780854902248
HOLLIS: http://id.lib.harvard.edu/alma/990150330400203941/catalog

The Challenge of Legal Pluralism: Local Dispute Settlement and the Indian-State Relationship in Ecuador
Marc Simon Thomas
Routledge, 2017
ISBN: 9781472480576
HOLLIS: http://id.lib.harvard.edu/alma/990148170510203941/catalog

The Three Paths of Justice: Court Proceedings, Arbitration, and Mediation in England (2nd ed.)
Neil Andrews
Springer, 2018
ISBN: 9783319748313
HOLLIS: http://id.lib.harvard.edu/alma/99153683619903941/catalog

EU Mediation Law Handbook
Nadja Alexander et al. (eds.)
Wolters Kluwer, 2017
ISBN: 9789041158598
HOLLIS: http://id.lib.harvard.edu/alma/990151195950203941/catalog

The European Union and International Dispute Settlement
Marise Cremona et al. (eds.)
Hart Publishing, 2017
ISBN: 9781509903238
HOLLIS: http://id.lib.harvard.edu/alma/990151423810203941/catalog

Alternative Dispute Resolution of Shareholder Disputes in Hong Kong: Institutionalizing its Effective Use
Ida Kwan Lun Mak
Cambridge University Press (2017)
ISBN: 9781107194199
HOLLIS: http://id.lib.harvard.edu/alma/990152438490203941/catalog

Alternative Dispute Resolution: The Indian Perspective
Shashank Garg (ed.)
Oxford University Press, 2018
ISBN:  9780199483617
HOLLIS: http://id.lib.harvard.edu/alma/99153700419403941/catalog

Alternative Dispute Resolution & Arbitration in Nigeria: Law, Theory, and Practice
Abdulsalam O. Ajetunmobi
Princeton & Associates Publishing Co. Ltd., 2017
ISBN: 9789789602216
HOLLIS:  http://id.lib.harvard.edu/alma/990152599260203941/catalog

Resolving Environmental Disputes in Pakistan: The Role of Judicial Commissions
Parvez Hassan
Pakistan Law House, 2018
ISBN: 9789698372361
HOLLIS: http://id.lib.harvard.edu/alma/99153696515303941/catalog

Nordic Mediation Research (Scandinavia)
Anna Nylund et al. (eds.)
Springer, 2018
ISBN: 9783319730189
Available as an open-access eBook at https://www.springer.com/us/book/9783319730189.

 

Book Talk: Governance Feminism: An Introduction, Monday, September 17 at noon

The Harvard Law School Library staff invite you to attend a book talk and discussion in celebration of the recent publication of Governance Feminism: An Introduction, edited by Janet Halley, Prabha Kotiswaran, Rachel Rebouché and Hila Shamir (Univ. Minn. Press, Mar. 13, 2018).  Janet Halley is Royall Professor of Law at Harvard Law School.  She will be joined in discussion with her co-editors: Prabha Kotiswaran, Reader in Law and Social Justice at the Dickson Poon School of Law, King’s College London; Rachel Rebouché, Professor of Law and Associate Dean for Research at Temple University Beasley School of Law; and Hila Shamir, Associate Professor of Law at Tel Aviv University Buchmann Faculty of Law.

Copies of Governance Feminism: An Introduction will be available for sale courtesy of the Harvard Law School COOP and the authors will be available for signing books at the end of the talk.

Monday, September 17, 2018, at noon    YouTube Video
Harvard Law School WCC Milstein West A (Directions)
1585 Massachusetts Ave., Cambridge, MA
No RSVP required

Poster Governance Feminism

About Governance Feminism: An Introduction

“Feminists walk the halls of power.  Governance Feminism: An Introduction shows how some feminists and feminist ideas—but by no means all—have entered into state and state-like power in recent years. Being a feminist can qualify you for a job in the United Nations, the World Bank, the International Criminal Court, the local prosecutor’s office, or the child welfare bureaucracy. Feminists have built institutions and participate in governance.

The authors argue that governance feminism is institutionally diverse and globally distributed. It emerges from grassroots activism as well as statutes and treaties, as crime control and as immanent bureaucracy. Conflicts among feminists—global North and South; left, center, and right—emerge as struggles over governance. This volume collects examples from the United States, Israel, India, and from transnational human rights law.

Governance feminism poses new challenges for feminists: How shall we assess our successes and failures? What responsibility do we shoulder for the outcomes of our work? For the compromises and strange bedfellows we took on along the way?

Can feminism foster a critique of its own successes? This volume offers a pathway to critical engagement with these pressing and significant questions.” — University of Minnesota Press

Editors

Janet Halley

 

 

 

 

Janet Halley, Royall Professor of Law at Harvard Law School

 

Prabha Kotiswaran

 

 

 

Prabha Kotiswaran, Reader in Law and Social Justice at the Dickson Poon School of Law, King’s College London

 

Rachel Rebouché

 

 

 

Rachel Rebouché, Professor of Law and Associate Dean for Research at Temple University Beasley School of Law

 

Hila Shamir

 

 

 

Hila Shamir, Associate Professor of Law at Tel Aviv University Buchmann Faculty of Law

 

More About Governance Feminism: An Introduction

What happens when feminist critique inverts into governing norms? What kind of feminism becomes law and what becomes of arguments among feminists when it does? How are feminist challenges to male super-ordination transformed and distributed by bureaucratization and NGO-ification? How might we honestly assess feminism that governs? In this deeply intelligent, reflective, and pedagogical work, four feminist legal scholars probe these theoretical and empirical questions. No reader will favor every move, but all will be usefully provoked and instructed. — Wendy Brown, University of California, Berkeley

The book delivers a good summary of which feminist theories have prevailed and can be seen as the governing ones. Excellent for collections on feminism and women’s rights. — Choice

Welcome LL.M. Students!

Welcome to the nearly 200 LL.M. students who will be attending Harvard Law School this academic year!

Please visit the law library’s research services homepage to learn about all of the services the library’s research services team offers to the Harvard Law School community.

We are providing special library tours for LL.M. students over the next two weeks, and you can sign up for a tour on this page as well (under Upcoming Events).

Highlighting New Comparative Law Books in the Law Library’s Collection

Research librarians here in the law library spend a lot of time talking to LL.M. students about their paper topics every year.  Because so many students decide to write their LL.M. papers on comparative law topics, I like to write posts for our library blog about comparative law titles that I find in our collection that might be of interest to them.

In this post, I am highlighting one of our newest books on comparative company law.

International Handbook on Shareholders’ Agreements: Regulation, Practice, and Comparative Analysis
Editors: Sebastian Mock, Kristian Csach, and Bohnmil Havel
Published by DeGruyter, 2018
ISBN 9783110501568
View this book’s record in Harvard’s HOLLIS library catalog

According to the editors of this volume, shareholder agreements are “an integral part of company law and especially its legal practice.”  They are “traditionally dominated by contract law and not by company law”; however, it is sometimes the case that contract law lacks the depth to provide sufficient legal regulation of what can be complex legal situations and relationships, especially “in the case of cross-border shareholders’ agreements including shareholders from several jurisdictions.”

This volume attempts to fill that gap.  It begins with introductory chapters covering the differences between contract law and corporate law when it comes to shareholders’ agreements, the impact of shareholders’ agreements on how a company is managed, and as issues related to conflict of laws (private international law), corporate insolvency, and competition law.

The bulk of the book, however, is dedicated to reports on the relevant legal framework for shareholders’ agreements in the following jurisdictions: Austria, Belgium, Brazil, Czech Republic, England/Wales, Germany, Greece, Hungary, Israel, Italy, The Netherlands, Poland, Romania, Slovakia, Spain, Sweden, Switzerland, Ukraine, and the United States.  Some of these country reports include English-language excerpts of applicable statutory provisions.

Harvard Library Collection

This book is part of the DeGruyter Handbook series.  Almost all of the other titles in this series that are in the Harvard Library collection are in German (DeGruyter is a German publishing company), and cover legal topics.

However, Harvard does have one other English-language title from this series.  It is held by the Widener Library, Harvard’s flagship library.  All LL.M. students have access and borrowing privileges at Widener, along with the other libraries at Harvard.

This other book actually has nothing to do with law at all:

Sign Languages of the World: A Comparative Handbook
Edited by Julie Bakken Jepsen, Goedele De Clerck, Sam Lutalo-Kiingi, William B. McGregor
Published by De Gruyter, 2015
ISBN 9781614517962
View this book’s record in Harvard’s HOLLIS library catalog

I am a member of the law library’s Accessibility Design team, so one of my interests is learning more about how we can make the library accessible and accommodating to people with all kinds of disabilities.  So I am actually really interested in having a look at this book sometime!

Using HeinOnline for Accessing Legal Journals

I am curious to learn more about how the various sign languages around the world have developed their legal terminology throughout history.  In fact, just thinking about that led me to wonder about how issues related to deafness have been explored in the legal literature.

One of the best options for this kind of research is our  HeinOnline subscription legal database.  HeinOnline contains a very comprehensive collections of U.S. and foreign legal journals.  I find this database to be an invaluable part of any legal research project that I am working on.

So I decided to try a proximity search in HeinOnline for articles about sign language and legal terms.  Here is the search query I used:

“sign language legal terms”~50

This search query uses HeinOnline’s unique syntax for finding those four words within 50 words of each other.

When I did that search and limited the search results to articles from HeinOnline’s Law Journal Library, I got 77 results, covering various topics such as professional challenges faced by deaf lawyers, the representation of deaf clients in legal matters, the fitness of deaf defendants for trial, accommodating law faculty with disabilities, and more.

Perhaps one day an LL.M. student will write on deafness and law as well.  Whatever our newest LL.M.s decide to write about this year, the law library’s research services team is eager to help them navigate our resources and research their papers.

We’re looking forward to seeing you in the law library!

Thoughts on Legal Citation

My relationship with the Bluebook goes back to when I was a first-year law student in 2004. There have been moments of love and moments of hate, but mostly, as someone who appreciates order, structure, and rules, love.

As a legal reference librarian, my interest in legal citation is more research-focused than anything.  There are few things that make my heart soar more than a work of legal scholarship that includes carefully drafted and correct citations to the sources referenced so that readers can find those sources with minimum pain and maximum efficiency.

However, legal citation has several purposes beyond just making it easier for researchers to find stuff.  “Citation Literacy” is a fascinating new article in the Arkansas Law Review by Professor Alexa Z. Chew of UNC Law School.  In the article, Professor Chew discusses four “communicative purposes” of legal citation: “(1) to locate the cited source … , (2) to communicate information to the reader about the weight of the cited authority … , (3) to demonstrate the writer’s credibility … and (4) to avoid plagiarism through proper attribution.” (pages 879-880)

Professor Chew also discusses what she calls the “untaught skill of reading citations.”  (page 890)  By removing citation information from cases in casebooks read by U.S. law students, she argues, the “dominant message sent by the first-year law school curriculum about legal citation” is that providing support for statements of law is either unimportant, optional, or both.  (pages 891-892)

Additionally, Professor Chew contends that, when law students read cases that do not include citations, they are not learning the skill of reading cases holistically.  This is not ideal, according to Professor Chew, because “understanding a case’s citations and how the information they encode informs the surrounding text is an essential part of reading a case in the first place.”  (page 895)

I was glad that Professor Chew also discussed the impact of learning legal citation on foreign-trained lawyers who are studying the U.S. legal system.  This part of the article made me re-think this issue myself.  When I taught substantive U.S. law classes in Germany last year, I gave them versions of cases that I had edited myself.  I also, for the sake of brevity, removed citations from those cases.

Looking back, I wish I had done more with Bluebook and legal citation with my German students.  I believe it would have helped them understand our legal system better, and it also would have helped them with their future forays into the world of U.S. legal research.

Speaking of teaching legal citation to non-U.S. law students, I maintain our library’s Bluebook Citation Guide for LL.M. Students.  After reading Professor Chew’s article, this guide seems, perhaps, overly procedural in nature.  I am now considering adding a section about why citation is important, and citing Professor Chew’s article in it.

My own experience as a foreign student contributes to my thinking on this issue as well.  Germany does not have an equivalent to the Bluebook citation system, or really any standardized system of legal citation at all as far as I know.  When I was writing my LL.M. thesis in Germany earlier this year, I was given a 4-page handout by my faculty supervisor, with examples about how to cite sources in the footnotes and in the bibliography (Literaturverzeichnis).  I did my best to follow the protocol, but I’m still not sure if I got everything right.

Below is a picture of footnotes 49-52 from my German LL.M. thesis:

The sources cited here are, in order: an article from the German Basic Law (Grundgesetz), a Federal Constitutional Court decision, a scholarly commentary on the Basic Law, and a U.S. law review article.

(Of course I did not notice until this very moment that footnote 49 should end in a period and not a semi-colon.  I guess I know now for sure that I did not get everything right.)

In these and all the footnotes in my thesis, author-written works are basically cited in a shortened format because full-length citations are provided in the bibliography.

I was told by people who read my thesis that my use of footnotes and citation was, perhaps, more extensive than is the norm in German legal scholarship.  But they knew that I am trained in U.S. law, and that I have spent years reading U.S. law review articles, which are heavily annotated compared to German legal periodicals, so it was understandable.

Anyway, I am very pleased to have seen an article in the legal literature about citation, and I hope this is a trend that continues.  I agree with Professor Chew that this is an important area of legal education that, perhaps, should be considered in a different light than it has been in the past.

Finally, I would like to briefly mention a new citation guide that we recently received in the HLS Library collection:

Global Arbitration Review’s UCIA – Universal Citation in International Arbitration
General Editor, Stephen Anway ; Assistant Editors, Alexis Martinez and Jonathan Allen
Published in 2018 by Law Business Research Ltd.
ISBN 9781912377299
Hollis Catalog Record

This is a guide to the developing convention on style and citation that is used by practitioners in the field of international arbitration.  It is “intended for use in all writings related to international arbitration – from memorials to awards, from scholarly articles to student briefs.”  (Editor’s Preface)  And, mercifully, it is much shorter than the Bluebook.

 

 

 

 

AALL Conference; Lex Baioariorum – Law of Bavaria

I will be joining several of my colleagues at the annual American Association of Law Libraries (AALL) conference in Baltimore this year, which begins on Sunday.  I missed last year’s conference, so I am really looking forward to connecting with my law library colleagues from all over the country.  I’ll be posting about a few of the conference programs on the DipLawMatic Dialogues blog, which is maintained by AALL’s Foreign, Comparative, and International Law Special Interest Section (FCIL-SIS).

Before heading out to the conference, I wanted to write a quick post about a fascinating little book related to Bavarian historical law that I found in our collection recently:

Lex Baioariorum: Das Recht der Bayern
Roman Deutinger (Ed.), 2017
http://id.lib.harvard.edu/alma/990150173540203941/catalog 

This is a bilingual Latin-German version of the Lex Baioariorum, which is the law that was in place in Bavaria during the early middle ages. As my Latin is a little, well, insufficient to get through a text like this, I am so grateful that Dr. Deutinger took the time to translate and publish this book.

This code is divided into 23 subjects, and has a total of 270 chapters.  Its content includes “regulations for every possible aspect of human co-existence and the conflicts that could arise within it” (“Regelungen zu allen möglichen Bereichen des menschlichen Zusammenlebens und zu den Konflikten, die sich dabei ergeben können”) – everything from religious institutions and family relationships to personal injuries, criminal offenses, and the ownership of property.

Within the code, there are separate sanctions defined for offenses against “free people, liberated people, and slaves.”  Penalties are defined in great detail.  For example, hitting a free person on the nose results in a penalty of nine Schillings, whereas a strike to a free person’s ear meant only a three-Schilling penalty.  The latter was one of a host of penalties related to the ears of free people: cutting off a free person’s ear meant a 20-Schilling fine, but that penalty was doubled to 40 Schillings if the action resulted in an injury severe enough to render the person deaf.  If, however, you committed a similar action that resulted in a slave’s deafness, the fine was only four Schillings.

I spent my recent professional development leave at a university in what is today the German state of Bavaria, which is a beautiful area full of castles that has interesting and rich history and traditions.  Unfortunately, I was not able to take a course on the legal history in Bavaria, which is a shame because I think I would have enjoyed it a lot.

In any event, I hope to explore our library’s resources related to Germany’s legal history in more detail in future posts.

Spotlight on Recently-Published Titles on African Constitutionalism

Several recently-published books on African constitutionalism in our collection caught my eye this week. I admit that I don’t really know much about this topic, but it strikes me as massive, likely made up of many varying and diverse philosophies and viewpoints. So I was interested in exploring its recent scholarly treatment.

In this post, I will focus on the two books that are part of a new Oxford University Press series, the Stellenbosch Handbooks in African Constitutional Law.  This series, edited by Professor Charles Manga Fombad of the Faculty of Law at the University of Pretoria in South Africa, is “designed to avoid a mere repetition of the now well-rehearsed concerns and doubts about constitutionalism on the continent and instead to identify, analyse, and promote serious discussion on the critical issues that can shape, refine, and deepen the strides being taken towards consolidating constitutionalism in Africa.”

The first book in the series, Separation of Powers in African Constitutionalism (ISBN: 9780198759799), was published in 2016.

Part I of the book contains two extremely helpful and informative introductory chapters, both written by Professor Fombad.  The first chapter offers a historical overview to African constitutionalism that catalogs and explains its many influences, including colonialism (accompanied by the implementation of common law and civil law legal systems), political ideologies (democracy, socialism), religion, and indigenous institutions.  It also includes illustrative examples from the constitutions of several jurisdictions, including Cape Verde, South Africa, Tunisia, Egypt, Burundi, Zambia, Botswana, Malawi, Cameroon, and many others.  It concludes with a discussion of the influence of the Organisation of African Unity (OAU), which later became the African Union, and the adoption of the African Charter on Human and People’s Rights.  Chapter two provides a general overview of how the concept of the separation of powers manifests itself in African constitutions, as influenced by the American presidential system, the British parliamentary system, and the French “hybrid” system.

Part II of the book includes chapters that focus more narrowly, either on a specific issue related to the separation of powers (such as power sharing between the branches, the role of the judicial branch, and government accountability), or on a specific jurisdiction (Kenya, Nigeria, Ethiopia, and Namibia) or group of related jurisdictions (Lusophone, Francophone, and Anglophone Africa).  Part II focuses bit more heavily on sub-Saharan Africa than Part I, but it still provides an extensive analysis of the jurisdictions that are covered.

The second book in this series, Constitutional Adjudication in Africa (ISBN: 9780198810216), was published in 2017.

As with the first book in the series, Professor Fombad provides a very helpful introductory chapter that provides an overview of constitutional review in Africa.  He begins by distinguishing between the “decentralized” and “centralized” models of constitutional review.  According to Professor Fombad, under the decentralized view, as explained in the U.S. Supreme Court’s decision in Marbury v. Madison, “constitutional matters are dealt with by ordinary courts during normal proceedings.”  (p. 20) By contrast, the centralized model, as developed in Europe by Hans Kelsen, features constitutional adjudication that is “carried out by a centralized, often specialized, tribunal established independently outside the judicial branch during special proceedings.” (p. 21)  The chapter then discusses how these models have been employed and adapted in African jurisdictions, providing, as a means of illustration, a comparative study of judicial review in Benin and South Africa.  The chapter concludes with information about access to and remedies provided by courts in African jurisdictions that have jurisdiction over constitutional matters.

This introductory chapter is followed by several chapters that focus on constitutional jurisprudence in specific African jurisdictions, including Benin, Cameroon, Angola, Ghana, Nigeria, South Africa, and Ethiopia.  There are also chapters discussing the impact of transjudicialism on constitutional adjudication, including the effects of international law norms and the work of regional and sub-regional courts in Africa.

Another chapter expands on the influence of Ubuntu (“the belief that the well-being of the individual and that of the community are inextricably linked – that one cannot exist without the other … (and that) the well being of the community is inextricably linked to a harmonious relationship with both its ancestors and with nature” (p. 294)) on constitutional adjudication in Africa.

Finally, Professor Fombad’s conclusion explores the further development of constitutional justice in Africa in the future.

As with the first book in the series, the focus here seems to rest on sub-Saharan African countries.  However, these two books provide an excellent broad introduction to this topic.  The content of these books is extensively annotated, providing citations to many other books and articles that researchers can use to perform a deeper dive into this subject.  Both books also include tables of cases and legislation.

I am glad that Oxford University Press is publishing this series, and I am looking forward to exploring its future volumes as they are released.

Note:
To explore other books in our collection related to African Constitutionalism, click here to search the HOLLIS library catalog by this subject.

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