Law 972: Topics in Foreign, Comparative and International Law Research: Spring,
2011
Prof. French; trfrench@law.syr.edu; 443-1221
Office: Library, 530-AA Hours: By appointment
SYLLABUS and Course Statement
(Topics, dates, and readings may change to accommodate class discussions, interests and events.)
Required Text:
International Legal Research in a Nutshell, West (2008)
There are three levels of readings listed :
1. Assignment is required.
2. Recommended: reviewing these materials will add to your basic understanding of the topics
covered, but not required.
3. Further readings: will discuss some aspect(s) of topic covered in class, but generally are listed
only for those desiring to explore the topic in greater or broader detail. These are not required.
Most materials are either on reserve in the Barclay Library or part of the Library’s reference collections.
Journal articles should be located using normal research methods and resources in the library, some are on
reserve. Additional materials such as law review articles, cases, web links, and other resources will be
provided in class, on Blackboard, or placed on reserve in the Law Library.
Reserve Materials: From time to time required readings and optional materials will be placed on
reserve in the library. Information about the Law Library’s reserve service may be found at:
http://law.syr.edu/library/about-the-library/reserve-policies.aspx
Blackboard: Blackboard is the preferred means for posting announcements, assignments and
web links. You are expected to check Blackboard regularly. If you encounter technical problems
accessing Blackboard, please contact law help or Chris Harrison at chharris@law.syr.edu.
Course Requirements: Expectations,Terms, and Conditions:
A. Attendance:
Regular and punctual attendance is required. Students missing more than
four classes will have their final grade reduced by one full letter. Students missing more
than six classes will fail the course. Students who are absent due to illness or family
emergency must consult with Dean Gonzalez and be prepared to present appropriate
accommodation. This should be done in advance whenever possible. If you do miss a class, I will
assume that you will do the following:
1. Contact at least one classmate to learn what happened in the class on the day that you
were absent and to receive any of the materials distributed in class on that day,
including assignments and handouts.
2. On the day you return to class, be prepared to initiate a discussion relevant to the
material being worked on in that day’s class.
B. Grading:
This is a skills class, not subject to the grading curve.
Final Written Project (Research Guide)
Oral Presentation and Guide
Written Exercises
Quality of Class Involvement
65%
15%
10%
10%
The Research Guide will receive letter grades. The oral presentation, class involvement and
written exercises will receive grades of -,, or  + . Assignments handed in late will be marked down.
C. Regularly check the course Blackboard site for announcements, assignments, and other information.
\
D. Accommodations: If you have a disability that may affect your performance in this course, please
contact Assistant Dean Tomas Gonzales in Suite 444 (Office of Student Life) as soon as possible
to discuss necessary accommodations. You may contact him at tgonzale@law.syr.edu or by
phone at 443-1146
E. Policy on Student Academic Work:
In compliance with the federal Family Educational Rights and Privacy Act, works in all media produced by
students as part of their course participation at Syracuse University may be used for educational purposes,
provided that the course syllabus makes clear that such use may occur. It is understood that
registration for and continued enrollment in a course where such use of student works is announced
constitute permission by the student.
After such a course has been completed, any further use of students’ works will meet one of the following
conditions: (1) the work will be rendered anonymous through the removal of all personal identification of
the work’s creator/originator(s); or (2) the creator/originator (s) written permission will be secured.
Student’s research guides as part of the course requirements will constitute a student’s work subject
to this policy.
F. Recording the class: advance permission must be requested from Professor French.
G. Internet Use in the Classroom: Students are required to have laptops and they will be
used from time to time during class to support discussions. You will be expected to bring
your laptops to class and may use them for note taking. However, needless surfing, use of cell phones,
emailing, or text messaging is forbidden. Behavior distracting the professor or
others in the class is unacceptable.
H. . Availability of the professor: Generally I am in my office Monday-Friday from 9:00 to 5:00
and will be available to consult with students then. Appointments can be made, but you
are free to drop in whenever you want. However, at certain times I may not be
available due to other constraints on my time. You may email me whenever you want,
but I am not available 24/7 and may not respond to you emails at all times of the day or
night.
Course Outline
Jan. 13th :
Introduction; Course Requirements,
ASSIGNMENT:
Test: Chapter One.
Review the Syllabus and Course Statement
Louis-Jacques, Lyonette, “What’s Wrong with International Law Scholarship: Gaps in
International Legal Literature.” 1 Chicago J. of Intl. L. 101 (2000).
Louis-Jacques. Gaps in International Legal Literature: A Skeptical Reappraisal 35 SYRACUSE
J. INT’L L. & COMM. 363 (2008)
Jan 18th: Review of U.S. Legal Research, Library
ASSIGNMENT: Review : U.S. Law Section of Legal Research in a Nutshell Chpts 1-5
In class exercise
Jan 20th: Getting Started
ASSIGNMENT:
Text: Chpts. 11 and 12
Recommended: Sexton, Mary: Preferably in English: Surfing the Pacific in Search of Law in
Translation. 35 Syracuse J. Int'l L. & Com. 275, (2008)
Jan. 25th: Introductory and Background Sources:
ASSIGNMENT: Reread, Text, Chpt. 1
Carefully read, print out and bring to class: “Article 38”: Statute of the International Court of
Justice at:
http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0#CHAPTER_II
Look over:
American Society of International Law, “Guide to Electronic Resources for International Law.”
at: http://www.asil.org/resource/home.htm
“ESIL: Electronic Information System for International Law” at: http://www.eisil.org
Jan.27th: ASSIGNMENT: Continue Jan. 24th Discussion
Feb. 1st: Commentary and Analysis:
ASSIGNMENT: Text, Chpt. 10; Library Catalog exercise.
Feb. 3rd: Assignment: Continue Feb. 1st discussion.
Feb. 8th: Internet Research, Evaluating Websites
ASSIGNMENT: Text, Chpt. 13
Look over: Louis-Jacques, L. “Legal Research on International Law Issues Using the
Internet.” At: http://www.lib.uchicago.edu/~llou/forintlaw.html
Look over: Review: Roznovschi, “Update to Evaluating Foreign and International Legal
Databases on the Internet” at http://www.llrx.com/features/evaluating2.htm .
Look over Project LLRX website at: www.llrx.com pay particular attention to Foreign and
Comparative Law Research Tools. And:
http://www.nyulawglobal.org/globalex/index.html
***********
Recommended: French, Thomas, “Internet Resources for Researching International and Foreign
Law” 52 Syracuse L. Rev. 1167 (2002)
Recommended: Scott, Wendy, “Evaluating and Authenticating Legal Web Resources: A Practical
Guide for Attorneys” 52 Syracuse L. Rev 1185 (2002).
RESEARCH GUIDE TOPIC PROPOSAL DUE
ORAL PRESENTATION TOPIC PROPOSAL DUE
Feb.10th: Internet Research II
ASSIGNMENT: Write a one page review of any web site of your choosing useful for
International, Foreign or Comparative Law Research.
Revisit: American Society of International Law, “Guide to Electronic Resources for International
Law.” at: http://www.asil.org/resource/home.htm
and
“ESIL: Electronic Information System for International Law” at: http://www.eisil.org
Google scholar TBA
Look over Google for Lawyers on reserve in the library.
Feb.15th: Public International Law
ASSIGNMENT: Text, Chpts. 4,5,6
Look over: Weigmann, Stefanie: “Researching Non-U.S. Treaties” at:
www.llrx.com/features/non_ustreaty.htm and
Hoffman, Marci. “Researching U.S. Treaties and Agreements,” at:
http://www.llrx.com/features/ustreaty.htm and
“Frequently Cited Treaties and Other International Instruments,” at:
http://library.law.umn.edu/researchguides/most-cited.html
“ Flare Index to Treaties, at http://193.62.18.232/dbtw-wpd/textbase/treatysearch.htm
Feb. 17th: Public International Law II
ASSIGNMENT: Read: Mersky and Dunn, Fundamentals of Legal Research, 8th ed, pps 457-465
(on reserve)
Peruse U.S. State Department Website http://www.state.gov/
the State Department” and “International Issues” Sections
Pay particular attention to “About
Recommended:
Dalton, National Treaty Law and Practice: United States at: http://www.asil.org/files/dalton.pdf,
Chpt. 6
Mary Fetzer, “Tapping Federal Government Sources for Information By and About International
Government Organizations.” In Louis-Jaques and Korman, Introduction to
International
Organizations, pps. 69-129.
Kirgis, International Agreements and U.S. Law at:
http://www.asil.org/insights/insight10.htm ;
Kirgis, Treaties as Binding International Obligation at: http://www.asil.org/insight9.cfm
Transcript of Discussion on the constitutional relevance of foreign decisions between U.S.
Supreme Court Justice Antonin Scalia and Stephen Breyer
-- American University, Washington College of Law, Jan. 13, 2005 (on reserve) also at:
http://www.wcl.american.edu/secle/founders/2005/050113.cfm
Feb. 22nd: Continue Public International Law Discussion
ASSIGNMENT: Review materials from previous two classes
Feb. 24th: International Organizations
ASSIGNMENT: Hoffman and Rumsey, International and Foreign Legal Research: A
Coursebook, , Chapter, 8. –ON RESERVE IN THE LIBRARY
Text, Chpt. 8, Pps. 155-164
March 1st: United Nations
ASSIGNMENT: Text Chpt. 8
Hoffman and Rumsey, International and Foreign Legal Research: A
pp164-177
Coursebook Chapter 8,
Look over the UN Web site: www.un.org pay close attention to the “UN at a Glance”,
http://www.un.org/aboutun/ and the International Law Section”,
http://www.un.org/law/index.html ;
March 3rd: Continue United Nations
ASSIGNMENT: Look over: Vinopal, Kelly. ASIL Guide to Electronic Resources for
International Law: United Nations. At: http://www.asil.org/resource/un1.htm
Heinonline UN Law Collection at:
http://www.law.syr.edu:2055/HOL/Index?collection=unl&set_as_cursor=clear
March 8th: European Union
ASSIGNMENT: Text, Chpt. 7
John Furlong and Susan Doe, “What is the European Union?” Researching European Law: A
Basic Introduction. 6 Legal Information Management, No. 2 (June, 2006), pps. 136-146.
Study the EU’s website: / http://europa.eu/ and The European Union Delegation to the United
States Website: http://www.eurunion.org/
Look over, “The European Union: A Guide for Americans at
http://www.eurunion.org/infores/euguide/euguide.htm , pay close attention to Chapter One ,
March 10th: Continue International Organizations: International Court of Justice,
Criminal Court, War Crimes Tribunals
International
ASSIGNMENT:
Study the International Court of Justice’s website: http://www.icj-cij.org read the general
information section, pay close attention to the role, function, history and jurisdiction of the
Court. Note the documents section.
Peruse “Impunity Watch” website at: http://impunitywatch.com/
Look over the International Criminal Court’s website at: http://www.icc-cpi.int/
International Criminal Law at:
http://www.law.nyu.edu/library/research/foreign_intl/internationalcriminallaw/index.htm
RECOMMENDED: Burchfield, Amy, International Criminal Courts for the
Former
Yugoslavia, Rwanda and Sierra Leone: A Guide to Online and Print Resources , at:
http://www.nyulawglobal.org/globalex/International_Criminal_Courts1.htm
Crane, David M. “Dancing with the Devil: Prosecuting West Africa’s Warlords: Building Initial
Prosecutorial Strategy For An International Tribunal After Third World Armed Conflicts.” 37
Case Western Reserve J. of Int’l. L. 1 (2005).
Scott, Rena, “Moving from Impunity to Accountability in Post War Liberia: Possibilities,
Cautions, and Challenges. “33 Int'l J. Legal Info. 345 (2005)
March 15th and 17th: SPRING BREAK
March 22nd: : International Crimes: Genocide
ASSIGNMENT: Look over ASIL International Criminal Court at:
http://www.asil.org/crim1.cfm#International Criminal Court
Raisch, Marylin and Gail Partin, “Update to International Criminal Law: A Selective
Resource Guide.” at: http://www.llrx.com/features/int_crim3.htm
RECOMMENDED: Corell, Hans. “International Criminal Law-How Long Will Some Miss the
Missing Link? 37 Case W. Res. J. of Int’l. L. 11 (2005).
March 24t:
International Trade: NAFTA, GATT, WTO
ASSIGNMENT:
Look over: International Trade at: http://topics.law.cornell.edu/wex/International_trade
International Trade Law Sources on the Internet at:
http://www.law.uh.edu/libraries/fi/inttradelaw.htm
Findlaw: International Trade Sources at:
http://www.findlaw.com/01topics/25interntrade/index.html
NAFTA Research at: http://nyulaw.libguides.com/content.php?pid=52689
Look over: web sites: The NAFTA Secretariat: www.nafta-sec-alena.org
Canadian Dept. of Foreign Affairs and International Trade Website at:
http://www.international.gc.ca/international/index.aspx
Office of U.S. Trade Representative: http://www.ustr.gov
U.S. Dept. of Commerce, International Trade Administration: http://www.ita.doc.gov
World Trade Organization: www.wto.org
Recommended:
Viegas, Michelle. “The Development of the Free Trade Area of the Americas: A Guide for Legal
Research.” 33 Int’l. J. of Legal Info. 11 (2005).
March 29th: Introduction to Foreign and Comparative Law
ASSIGNMENT: Text, Chpt. 3
Look over, University of Ottawa, JuriGlobe-World Legal Systems at:
http://www.juriglobe.ca/eng/index.php
Foreign Collections by Jurisdiction at:
http://www.law.nyu.edu/library/research/foreign_intl/foreigndatabasesbyjurisdiction/index.htm
FURTHER READING:
David, Rene and John C. Brierley. Major Legal Systems in the World Today 3rd ed. London:
Stevens and Sons (1985), pp. 1-31.
Ugo Mattei, “Three Patterns of Law: Taxonomy and Change in the World’s Legal Systems.” 45
Am. J. Comp. L 5 (1997).
March 31st: Common Law Jurisdictions: Canadian Federal and Ontario
ASSIGNMENT:
Look over: Ted Tjaden, “Doing Legal Research in Canada” at:
http://www.llrx.com/features/ca.htm
Canadian Legal Information Institute at: http://www.canlii.org/en/
Duke Law Library: “Canadian Legal Research at:
http://www.law.duke.edu/lib/researchguides/canadian.html
RECOMMENDED:
Reynolds, Thomas. “Canada,” in Foreign Law Current Sources of Codes and Legislation, pp. 117.
FURTHER READINGS:
MacEllven, McGuire, Campbell, and Davis. Legal Research Handbook 5th ed.
LesisNexis/Canada 2003.
April 5th: Civil Law Jurisdictions: France/Germany
ASSIGNMENT:
Philippe Bruno, “The Common Law from a Civil Lawyer’s Perspective,” in Danner and Bernal,
Introduction to Foreign Legal Systems, (1994), pp. 1-13.;
Look over: Stéphane Cottin and Jérôme Rabenou, Researching French Law at:
http://www.llrx.com/features/french.htm
Look over: “Law Library of Congress, Guide to Law online: Germany”
at: http://www.loc.gov/law/help/guide/nations/germany.php
Read: Stephen Ross Levitt, “The Life and Times of a Local Court Judge in Berlin” 10 German
Law Journal (no.3) (2009) 169-204. On reserve in the library.
RECOMMENDED:
Recommended: Nicole Atwill, “ How to Conduct Research in French Law,” 28 Int’L. J. of Legal
Info. 104 (No.1, 2000).
French Law Guide: at:
http://library2.lawschool.cornell.edu/encyclopedia/countries/france /
“Law Library of Congress, Guide to Law online: France” at
http://www.loc.gov/law/help/guide/nations/france.php
Germain’s French Law Guide
at: http://www.llrx.com/features/frenchlaw.htm
April 7th:: Mixed Jurisdictions: Ghana, Quebec
ASSIGNMENT: http://www.nyulawglobal.org/globalex/Ghana1.htm#_Sources_of_Law_in
Ghana
Update: Researching Ghanaian Law, at:
LeMay, “Researching Quebec Law” in MacEllven, Legal Research Handbook, 5th ed. Pps 275301 (2003) { located in Law Library Reference Collection}
University of Montreal, LEXUM at: http://www.lexum.umontreal.ca/en/index.html
April 12th : Customary Law in Niger and South Africa
ASSIGNMENT: Text, Chpt. 5
Kelley, Thomas.” Customary Law in Niger: An Antidote to the Adversarial Legal System”
AALS, Africa Section Newsletter. July 2001, pp. 3-6 “At What Cost Research?” Chronicle of
Higher Education, Oct. 26, 2001
Homonga, Chuma, ”Transforming Customary Law of Marriage in South Africa and the
Challenges of its Implementation With Specific Reference to Matrimonial Property.” 32 Intl. J. of
Legal Info. 260 (2004).
RECOMMENDED: Thomas Kelley, “Squeezing Parakeets Into Pigeon Holes: The Effects of
Globalization and State Legal Reform in Niger on Indigenous Zarma Law,” 34 N.Y.U. J. Int’l L.
& Pol. 635 (2002).
Manjoo, Rashida, “Legislative Recognition of Muslim Marriages in South Africa.” 32 Intl. J. of
Legal Info. 271 (2004).
April 12th: Class Pick: TBA
April 14th: Review : General Research Strategies:
ASSIGNMENT: Text, Chpt. 11
April 19th: Review: Source Collecting and Cite Checking; Staying Ahead of the Curve
ASSIGNMENT: Text, Chpts. 12 and 13
April 21ST: Oral Presentations on a Foreign Legal System
ASSIGNMENT: Prepare 15-20 minute oral presentation on the legal system of a foreign country.
Include a handout to distribute to the class.
April 26th: Oral Presentations on a Foreign Legal System
ASSIGNMENT: Prepare 15-20 minute oral presentation on the legal system of a foreign country.
Include a handout to distribute to the class.
April 28th: Legislative Friday
RESEARCH GUIDE DUE NO LATER THAN 5:00 PM, Friday, May,
13th.December 22nd at 5:00 pm