Monthly Archives: July 2011

Library Highlights: International Law

Semiotics of International Law: Trade and Translation
Evandro Menezes de Carvalho
F86 K213 .C36713 2011
From the Publisher: Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challeng-es. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or inter-pret an international treaty that mirrors what the parties, – who belong to different legal cultures and who, on many occasions, speak different mother tongues – , want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO’s Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law can-not be separated from the linguistic issue.

International Tax Law: A Legal Research Guide
Christopher C. Dykes
K103.T3 D95 2011
From the Publisher: This book presents an overview of the different aspects of international tax law as well as how to locate the various primary and secondary sources, including model tax conventions, bilateral tax treaties, and customary law. It also covers international taxation from the U.S. perspec-tive, and explores researching international tax law through online databases, using free sources as well as subscription services. Will be useful for law firms, tax professionals, law librarians, and all oth-ers interested in researching international tax law.

The New Global Law
Rafael Domingo
KZ3410 .D66 2010
From the Publisher: The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious ‘democratic deficit’ of internation-al institutions highlight the need for an innovative and truly global legal system, one that permits hu-manity to reorder itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world’s peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the develop-ment of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.

Guide to ICSID Arbitration
Lucy Reed, Jan Paulsson, Nigel Blackaby
K3834 .R44 2011
From the Publisher: The International Centre for Settlement of Investment Disputes (ICSID) has be-come the leading arbitration institution for the resolution of investor-state disputes. Today, any com-pany considering an investment in a foreign country and any financing entity playing a role in the in-vestment must be aware of ICSID and the growing matrix of bilateral investment treaties (BITs) and multilateral treaties (MITs), most notably, the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT), providing access to ICSID. Familiarity with the regime and jurispru-dence of ICSID arbitration is essential for any international investment lawyer, whether focused on transactions or disputes. This second edition of the Guide takes account of the scores of ICSID awards and decisions rendered since 2004, as well as significant amendments to ICSID rules and practices. It provides a sufficiently detailed but still ‘user-friendly’ understanding of what ICSID arbitration is, when and how it can and should be used, and how an ICSID case works from start to finish.

International White Collar Crime: Cases and Materials
Bruce Zagaris
KZ3410 .F38 2010
From the Publisher: Contemporary transnational criminals take advantage of globalization, trade lib-eralization, and emerging new technologies to commit a diverse range of crimes, and to move money, goods, services, and people instantaneously for purposes of pure economic gain and/or political vio-lence. This book captures the importance of transnational business crime and international relations by examining the rise of international economic crime and recent strategies in the United States and abroad to combat it. The book is organized into three main sections. The first part discusses substan-tive crimes, particularly tax, money laundering, and counter-terrorism financial enforcement; transna-tional corruption; transnational organized crime; and export control and economic sanctions. The se-cond part discusses procedural aspects of international white collar crime, namely extraterritorial ju-risdiction, evidence gathering, extradition, and international prisoner transfer. The third part discusses the role of international organizations, including the United Nations, the World Bank Group, Interpol, and economic integration groups.

Interpreting TRIPS: Globalisation of Intellectual Property Rights and Access to Medicines
Hiroko Yamane
K1401.A41994 Y36 2011
From the Publisher: Protection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the bene-fits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R&D) and social protection are inadequate, whereas the cost of innovation is high. To-day, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation.
This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, includ-ing its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies.

Responsibilities of a Lawyer: Complete, up-to-date legal research

“As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications” (Preamble:  A Lawyer’s Responsibilities,  Model Rules of Professional Conduct).

The primary task of a lawyer is to explain to clients how the law applies to their case.

After passing the Bar Exam, and becoming a lawyer, how will you know the practical implications “of the client’s legal rights and obligations” (MRPC)? You will have to research it. In order to be sure that you are correct in your assertions to the client, you need to be sure that you know all the law applicable to the situation. This could mean finding a statute and the relevant cases interpreting it, and then ensuring that the information is complete and up-to-date.

How will you know whether the research you have done is complete and up-to-date?

Research Strategy and Research logs

You need to have a research strategy and a research log so that you can tell what research you have done, and what you still need to do to be sure your research is complete and up to date. For billing purposes, you will want to log the time spent doing research, in addition to the cost of the legal research. For cases that take place over a long period of time, it helps to log the date of your research, so that you will know when enough time has passed that you may need to update your research.

Ways to Improve Research Skills

There are several ways to build your legal research skills. One way is to do an internship with a law firm, often partners will give you legal research tasks related to actual cases. It is a good idea to consult reference librarians to get help with your research.

At TJSL, the law librarians teach brief workshops and full length courses that you can take to improve your legal research skills. Look for advertisements for these brief classes at the Fourth Floor Circulation Desk, in the Advisor and on the touch screens.

  • June Mac Leod’s mini-classes
  • Hadas Livnat’s – Working Tour of Library Resources
  • Catherine Deane’s – General Tour of the Library

TJSL also offers an Advanced Legal Research course for two credits. It will be offered this Fall 2011, and the sections will be taught by Interim Director Patrick Meyer, and Reference Librarian Catherine Deane.

If you are unable to attend any of these classes, you can still brush up on your legal research skills by taking CALI Quizzes. These Quizzes vary in length, and cover a wide range of topics. Maybe pick a short one to start with, some are as brief as 20 minutes. Start to work this into your routine. For instance, when you are working on something challenging and you want to switch to something else while still being productive, do a short Quiz on a legal research topic and improve your skills. Alternatively, you could set aside one hour a week to take a quiz or two on a legal research topic.

Email Reference Librarian Catherine Deane to get the Student Registration Code to access the CALI Quizzes.


Which class will you work into your schedule to improve your legal research skills?


The Next Mini-Classes are offered on Tuesday July 19th at 10:30 am and cover:

  • How to Research


  • How to Find Cases

Competency in Legal Research: How do you measure up?

According to one 2010 article, most students “who arrive at law school [are] overly confident in their research abilities” (39 U. Balt. L. Rev. 173). Students do not know what they do not know and they do not realize until it is too late that they should take the time to learn the skills and techniques necessary for competent legal research techniques.

This means that they don’t seek out legal research instruction, and many law school students  graduate without obtaining the required competency in the performance of legal research (39 U. Balt. L. Rev. 173).  In other words, most new lawyers are not competent in legal research.

The ABA Model Code of Professional Conduct provides that:

“A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.”  (The ABA Model Code of Professional Conduct, Client-Lawyer Relationship, Rule 1.1 Competence).

One standard of competency in legal research skills is provided by the American Association of Law Libraries, “Law Student Research Competency Principles”. If you think your legal research skills are competent, you might follow the link and find out if your perception is accurate.

If you think your legal research skills are already sufficient for you to be a competent lawyer, you can attempt this CALI quiz: Legal Research Methodology to find out if there are unexpected holes in your good legal research skills. (To get your CALI code, contact reference librarian, Catherine Deane and ask for it.)

Even if you did well on the CALI test provided above, and your legal research skills really are competent, according to the Preamble to the Model Rules of Professional Conduct “A lawyer should strive to attain the highest level of skill”. As such, if you want to attain the highest level of skill, it is a good idea to get as much help while in law school in learning how to do legal research well.

The sooner you get help learning how to do legal research, the stronger your legal research skills will be when you graduate.

How will you improve your legal research skills?

Google: Search like a competent lawyer

Google is a good starting point for doing legal research, as long as you bear in mind two things:

1. Who is providing the information?

  • You have to make a considered decision regarding the reliability of the source of the information you are retrieving using the Google Search Engine

2. Is that information the most up-to-date?

  • You must use a citator service to  update information found on the free Web

Beyond these basics, if you are going to use Google to do legal research, particularly if you are doing this to save money, you should learn how to search in the most efficient and effective ways, and that means learning the tricks, tips and shortcuts, including how to do a Boolean Search.

A good handbook for using Google in your law practice is:

Levitt, C. A., & Rosch, M. E. (2010). Google for lawyers: Essential search tips and productivity tools. Chicago, Ill: American Bar Association, Law Practice Management Section.

Which you may borrow  from the TJSL Library.

Some basic things you should be aware of:

You can use “” to limit your searches  to government websites

  • Or replace .gov with any domain name eg. to limit search results to the website

You can use Boolean connectors and this will give you more precise search results more quickly, saving you time and this is less legal research time you will have to try to convince your client to pay for.

  • The more productive you are, the happier your clients are and the more money you make in the end.

Use Google Advanced Search to:

  • search for keywords in a particular part of the page
  • restrict your search to dates
  • search for a particular file type, eg. Pdfs
  • search for results aimed at a particular reading level
  • Find similar items once you find one good one

Other Useful Google Search Tools:

You will be expected to use Google to :

  • search for facts that lead you to solid evidence, and
  • to be cost effective about performing preliminary legal research on a topic.

Learning how to use Google skillfully is part of learning to be a competent lawyer. Browse the resources linked to above to start improving your Google search techniques.

How will you change the way that you use Google to do research?