An Overview of Health Law Research and an Annotated Bibliography

This analysis and the following bibliography are designed to meet the needs of researchers attempting to locate information in the field of health law. The analysis is written from the perspective of law librarians, but the same information retrieval problems apply to health administrators, hospital and medical counsel, and academic lawyers interested in health law and administration

Legal Information Management in a Global and Digital Age: Revolution and Tradition

This article presents an overview of the public policy issues surrounding digital libraries, and describes some current trends, such as Web 2.0, the social network. It discusses the impact of globalization and the Internet on international and foreign law information, the free access to law movement and open access scholarship, and mass digitization projects, then turns to some concerns, focusing on preservation and long term access to born digital legal information and authentication of official digital legal information It finally discusses new roles for librarians, called upon to evaluate the quality of information; teach legal research methodology; and be advocates in information policy. Law librarians are encouraged to join professional associations and undergo continuous professional education. A recent development in the U.S.A., to add a legal research test on the bar exam, is of interest to the whole world, because it signifies the importance of a sound legal research training to the competent practice of law

Worldwide Access to Foreign Law: International & National Developments Toward Digital Authentication

This paper was originally presented at the World Library & Information Congress of the International Federation of Library Associations and Institutions (IFLA), Helsinki, Finland, August 2012, as part of a panel on Promoting Global Access to Law: Developing an Open Access Index for Official Authenticated Legal Information, Part II. Europe. http://conference.ifla.org/ifla78/programme-and-proceedings-day/2012-08-14. It focuses on worldwide access to the official word of the law, specifically to statutes, codes, regulations, court decisions, and international agreements in different foreign countries. The importance of improving global access to foreign law was highlighted at a 2012 joint European Commission/Hague Conference on Private International Law, with the hope for a global instrument to facilitate access to foreign law in civil and commercial matters. The paper discusses the challenges of digital law and the importance of authentication of official legal information worldwide. It retraces the history of what happened in the USA at the federal and state levels, in particular the successful information policy advocacy by law librarians that led to the enactment of the Uniform Electronic Legal Material Act (UELMA) in 2012. It highlights the role of law librarians in the digital age and their concern for the sustainability of the digital format. Much effort has been expended on moving legal information from a preserved state (print) to an accessible state (digital). It is important to ensure as well that accessible legal information has a preserved (official, authentic -- hence reliable) venue. The Conclusion mentions a few prospects for the future, and a possible role for IFLA to develop a set of standards to encourage governments worldwide to authenticate their official legal information. This might fit well with IFLA’s stature as the major forum to influence information policy at the international level

Trials by Peers: The Ebb and Flow of the Criminal Jury in France and Belgium

The participation of lay jurors in criminal courts has known much ebb and flow both in France and in Belgium. These two countries belong to the civil law tradition, where juries are the exception rather than the rule in criminal trials, and they only exist in criminal cases, not civil cases. In spite of some similarities, there are substantial differences between the two countries, and their systems will be examined in turn. In France, the Cour d’assises itself was inherited from the French Revolution. Since a law of 1941, it is a mixed jury system, meaning that lay citizens sit together with professional judges, The Cour adjudicates severe crimes only, mostly rapes and murders. A pilot program extended lay participation to criminal courts beyond the Cour d’assises, but was stopped and resulted in the reduction of the number of lay citizens on the Cour d’assises. In Belgium, the institution of the criminal jury in the Cour d’assises is enshrined in the Belgian Constitution. Up until 2016, it functioned as a “true” jury, in the sense that only lay citizens sat on the jury, without the participation of professional judges. A 2016 reform allowed for the reclassification of crimes into lesser offenses within the competence of the criminal courts, with very few exceptions. Additionally, from February 2016 on, judges deliberate with lay citizens on the guilt of the accused. The paper will explain the reasons for these changes and evolution of the participation of lay citizens in the criminal jury in France and Belgium, and include a few remarks about the future for lay participation in these two countries, since there are several current proposals on the table, both in France and in Belgium

Worldwide Access to Foreign Law: International & National Developments Toward Digital Authentication

This paper was originally presented at the World Library & Information Congress of the International Federation of Library Associations and Institutions (IFLA), Helsinki, Finland, August 2012, as part of a panel on Promoting Global Access to Law: Developing an Open Access Index for Official Authenticated Legal Information, Part II. Europe. http://conference.ifla.org/ifla78/programme-and-proceedings-day/2012-08-14. It focuses on worldwide access to the official word of the law, specifically to statutes, codes, regulations, court decisions, and international agreements in different foreign countries. The importance of improving global access to foreign law was highlighted at a 2012 joint European Commission/Hague Conference on Private International Law, with the hope for a global instrument to facilitate access to foreign law in civil and commercial matters. The paper discusses the challenges of digital law and the importance of authentication of official legal information worldwide. It retraces the history of what happened in the USA at the federal and state levels, in particular the successful information policy advocacy by law librarians that led to the enactment of the Uniform Electronic Legal Material Act (UELMA) in 2012. It highlights the role of law librarians in the digital age and their concern for the sustainability of the digital format. Much effort has been expended on moving legal information from a preserved state (print) to an accessible state (digital). It is important to ensure as well that accessible legal information has a preserved (official, authentic -- hence reliable) venue. The Conclusion mentions a few prospects for the future, and a possible role for IFLA to develop a set of standards to encourage governments worldwide to authenticate their official legal information. This might fit well with IFLA’s stature as the major forum to influence information policy at the international level