International and Foreign Law Research:
Draft Syllabus
Fall 2015 Syllabus
(Updated 04/22/15)
Jean Davis, Associate Librarian for International Law & Adjunct Professor of Law
(Brooklyn Law School, jean.davis@brooklaw.edu, 718.780.7534, Rm. 315)
Our class meets in C36 (“Mac lab” in cellar level of BLS Library) on Wednesdays
from 3:55-5:50 pm
In class:
Sept. 9
Review of course requirements.
Week 1
Review of legal news sources to identify international and foreign law research issues.
Review of changes to Lexis Advance platform (focus: IFL).
ASSIGNMENT PRIOR TO CLASS:
Depending on the first letter of your last name, please use one type of resource (free
web sources, Lawtel UK or WestlawNext) to complete the class problem concerning your
client, an online legal document creation service/attorney referral service incorporated in
New York, who wants to “go global” by partnering with a U.K. network of solicitors.
(I will post this problem on our course website.)
Sept. 16
Week 2
In class:
Review of class problem and starting points for foreign law research.
Complete class exercise (focus jurisdiction: China).
Foreign Law Research Reading:
1. During the next few weeks, read: pp. 137-154 of Chapter 8 (Foreign Law) in Marci Hoffman
& Mary Rumsey, International and Foreign Law Research: A Coursebook (2nd ed. 2012). This
book is in BLS Library’s first floor Reserve collection–K 85 H64 2012.
International and Foreign Law Research
Sept. 23: Brooklyn Law School does not conduct classes.
ASSIGNMENT PRIOR TO CLASS:
1. Identify the international or foreign legal problem that interests you by
Wednesday, Sept. 30, 2015. Send me an email describing the legal problem.
Sept. 30
Week 3
In class:
Review of competitive intelligence sources.
Review of sources that recommend/rate lawyers worldwide.
Continued review of foreign law research sources.
Brief introduction to next week’s problem:
How does a U.S. co. contract with a Chinese co. to buy goods?
ASSIGNMENT PRIOR TO CLASS:
1. Read: Your in-class moot problem. You will be researching and then arguing before the
International Court of Justice. (I will post this problem on our course website.)
2 At http://guides.brooklaw.edu/treaty, read “Tips To Apply Rule 21.4 of The Bluebook” &
“Components of a Bluebook-compliant Treaty Cite.”
International Law Research—focus: treaty resources (Professor Loreen Peritz’s class example:
United Nations Convention on Contracts for the International Sale of Goods & databases
containing commentary, forms & sample agreements for the int’l. sale of goods)
Oct. 7
In class:
Class 4
Experienced practitioner & Adjunct Professor/Librarian Loreen Peritz will join us to research:
How does a U.S. co. contract with a Chinese co. to buy goods?
Suggestions for further reading (optional):
The Senate’s Role in Treaties,
http://www.senate.gov/artandhistory/history/common/briefing/Treaties.htm
Jeanne J. Grimmett, Why Certain Trade Agreements Are Approved as Congressional-Executive
Agreements, Rather than as Treaties (CRS report),
http://www.fas.org/sgp/crs/misc/97-896.pdf
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International and Foreign Law Research
“Law-making Through Organizations” & “Control of Acts of Organizations,” pp. 192-top of
198 in Brownlie’s Principles of Public International Law (1 Res. – KZ 3225 B76 A37 2012)
ASSIGNMENT PRIOR TO CLASS:
Provide me with a 1-2 page preliminary outline of issues and pertinent
resources that you plan to discuss in your legal research memo by
Wednesday, October 14, 2015. Provide me with: Exercise To Accompany
Outline of Foreign or International Legal Research Problem.
In class:
Review of international commercial arbitration research sources.
Oct. 14
Class 5
I will provide you with my PowerPoint presentation about international commercial arbitration
and litigation research.
Suggestions for further reading (optional):
“A. Notion: The Concept of International Commercial Arbitration,” paragraphs 1-5 & “The
New York Convention,” paragraphs 11-12 in Richard H Kreindler & Rita Heinemann,
Commercial Arbitration, International
http://www.mpepil.com/subscriber_article?script=yes&id=/epil/entries/law-9780199231690e1508&recno=1&searchType=Quick&query=international+arbitration (This is an article in BLS
subscription database: Max Planck Encyclopedia of Public International Law.)
Please be aware of: Jean Davis, International Commercial Arbitration & International
Commercial Law Research
http://guides.brooklaw.edu/commercial
No class on Oct. 21.
ASSIGNMENT PRIOR TO CLASS:
Oct. 28
All students: Please continue working on your end-of-term research memos.
Class 6
In class:
Review of European Union research sources.
Review of international litigation research sources.
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International and Foreign Law Research
Suggestions for further reading (optional):
Chapter 12 (The European Union) in Marci Hoffman & Mary Rumsey, International and
Foreign Law Research: A Coursebook (2nd ed. 2012) (1 Res.–K 85 H64 2012)
FYI: Examples of an EU research guide:
Marilyn J. Raisch, ASIL Guide to Electronic Resources for International Law: European Union
http://www.asil.org/sites/default/files/ERG_EU.pdf
Links to the Treaty of Lisbon (the EU’s reform treaty) and discusses the reform process.
.ASSIGNMENT PRIOR TO CLASS:
1. On the WTO website at http://www.wto.org, skim the following three sections:
About the WTO
http://www.wto.org/english/thewto_e/whatis_e/tif_e/fact1_e.htm
What We Do
http://www.wto.org/english/thewto_e/whatis_e/what_we_do_e.htm
Members and Observers
http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm
Nov. 4
Class 7
FINAL WEEK
OF CLASS
2. For the “big picture” of researching a trade law problem under the WTO agreements,
read pages 1-11 of How to Methodically Research WTO Law, accessible from the
“Learning Centre” link on publicly accessible homepage
http://www.tradelawguide.com/index.asp?toc=content&id=88
3. Read: The Role of Jurisprudence in WTO Law (handout).
In class:
U.S. international trade law research (focus on the U.S. Court of International Trade) and World
trade law research (focus on the World Trade Organization and the GATT)
Suggestions for further reading (optional):
Highly useful research guide is: Jeanne Rehberg, WTO and GATT Research
http://nyulaw.libguides.com/wto_gatt
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International and Foreign Law Research
Read pages 1-17, 104-121, 205-206, and 234 in: Mitsuo Matsushita, Thomas J.
Schoenbaum and Petros C. Mavroidis, The World Trade Organization: Law, Practice,
and Policy (2d ed. Oxford; New York: Oxford University Press, 2006). This reading
discusses the functions of the WTO, the WTO dispute settlement process, the “most
favored nation” regime, and the “national treatment” principle.
Forthcoming new ed.: Sept. 8, 2015.
YOU MUST SUBMIT YOUR ANNOTATED LEGAL RESEARCH MEMO BY
WEDNESDAY, DECEMBER 2, 2015.
PAPER
DEADLINE I encourage you to make appointments with me in March, prior to submitting your annotated
legal research memo.
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