Research & Litigation

One of our other projects for this spring utilizes the foreign language expertise of our students and volunteers. Our Foreign Legal Gazette Collection is one of the largest and includes jurisdictions from every corner of the world. Our project looks to expand the online offerings of this incredible collection, focusing on the jurisdictions of Burkina Faso, Suriname, Kenya, Botswana, Grenada, Namibia, Haiti, Nicaragua, Colombia, Panama, Argentina, and Chile.

These are the interns and volunteers working on the collection this summer:

Danayra del Castillo is a Bronx native, now living in the Sonaran desert of Tucson. She holds an M.L.I.S from the University of Arizona and is currently receiving a post graduate certification in digital asset management. Ms. del Castillo has two teenage boys and a blue Russian cat. She spends her time constantly learning about her field and many personal interests.

Maria (Rebeca) Escamilla is an M.L.I.S. graduate student at the University of Illinois Urbana-Champaign. She graduated in 2021 from UC Berkeley with an English degree and a concentration in medieval and renaissance studies. Rebeca is currently a curatorial intern for the Krannert Art Museum, working on Andean feather works. Rebeca is interested in archival and Indigenous studies; she hopes to disseminate Indigenous knowledge and information through archival practices.

Krista Evilsizor (she/her) is in her final semester as a graduate student in the University of Arizona’s M.L.I.S. program, where she focuses on the intersection between law librarianship and technology. Before that, she worked for almost a decade in book publishing. Her background also includes paralegal studies, information technology, and American studies, and she plans to build upon that in the future with the end goal of improving technological processes in the legal field. She lives with a couple needy cats who are surprisingly not currently staring at her as she types this.

Madeline Griffin is from east Tennessee, but is currently an M.A. candidate in Latin American studies and a K-12 cultural education & outreach graduate assistant at the Latin American and Iberian Institute at the University of New Mexico in Albuquerque. She holds a National Collegiate Honors Council degree and B.A. from the liberal arts institution Emory & Henry (E&H) College, where she majored in international studies, history, and Hispanic studies. She spent the 2021-2022 academic year teaching as an English language auxiliar in the Basque Country. She worked in museums and served as the lead E&H global ambassador throughout undergrad. She loves the arts, speculative fiction, spending time outdoors, and sharing her language and culture with the Ukrainian students she tutors at ENGin. Madeline loves to travel and learn about different cultures and perspectives. She hopes to use her skills to contribute to the preservation of the multitude of human stories and experiences through institutions dedicated to public history, memory, and Hispanic archives.

Kalyani Jog is a recent California resident, but has lived and experienced cultures from different parts of the world. She has an undergraduate degree in psychology, graduate degree in social work, and recently started her second graduate study in management in information and library science (M.M.L.I.S.) degree at the University of Southern California. She is an avid reader with interests in diverse genres. She loves to travel and enjoy cuisines from different cultures all around the world. Kalyani’s diverse cultural experiences sets her apart and gives her an eye for being open to each individual.

Anna LeBlanc-Mulder is a multigenerational New Orleanian. She graduated from Smith College with majors in history and French studies. Anna received an M.L.I.S and a graduate certificate in archival studies from Louisiana State University. After working in public libraries for several years, she now works as a reference archivist for the Amistad Research Center in New Orleans. She was drawn to the Library of Congress by many routes; her appreciation of American history, interest in cataloging, and commitment to access. In her free time, she enjoys reading, writing, and studying French and Dutch.

Hripsime Mantecon is currently pursuing an M.S. in information science with a certificate in health informatics. She holds an M.A. in linguistics, a TESOL certificate, and a B.S. in business finance. More than anything, she enjoys traveling with her husband and children. Although she has lived in the U.S. for more than 25 years, her sense of “home” is spread out throughout different parts of the world, including Armenia and Spain. She likes visiting museums and libraries as well as exploring new restaurants. Some of her goals in the next few years include completing her studies, improving her meditation practice, and maybe start learning French.

Dorilyn Morales Colón (she/her) is from Puerto Rico. She holds a master’s degree in library and information science and a bachelor’s degree in business administration with a major in marketing; both from the Universidad de Puerto Rico, Río Piedras Campus. She is currently the librarian of the research and study hall at the Museo de Arte de Puerto Rico. This is her second time in the Remote Metadata Program with the foreign legal gazettes where she is looking to continue learning and acquiring new skills.

Osa Oyegun is a Nigerian American third culture kid and lived on four continents before settling in the D.C. area. She is enrolled in an M.L.I.S. program at San José State University, holds a M.Ed. in curriculum and instruction from George Mason University, and a B.A. in music performance from the University of Maryland, College Park. Osa has three young children, a love of reading and history, and a habit of finding answers to random questions. She enjoys learning everything all at once and relaxing with music.

Annie Ross is an M.L.I.S. graduate student at Simmons University in Boston, Massachusetts. She is originally from Chicago, Illinois, and received her undergraduate degree from Northwestern University in political science and international studies. An avid traveler, Annie enjoys exploring new cities and spending time in nature. After receiving her degree, she hopes to bring the practices of global engagement and international collaboration into her work at a library or archive.

Senaida Velazquez is preparing for a hot summer living in Arizona. She holds a master of library science degree from Texas Woman’s University in Texas and a B.A. degree in philosophy from Gallaudet University in Washington, D.C. This is her third semester working with the Law Library of Congress. Her goal is to improve digital UX access for all individuals.

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Recently, Bailey posted about the cherry blossoms here in Washington, D.C. Peak bloom is a special time of year when “70% of the Yoshino Cherry blossoms are open.” I took this opportunity to visit a grove of cherry blossom trees, specifically, at Fort McHenry in Baltimore, Maryland.

White cherry blossom at Fort McHenry. Photo by Mitch Eyster.

According to the National Park Services website, “these trees were planted in 1931 by 1,500 Baltimore school children to commemorate the bicentennial anniversary of George Washington’s birth.”

Cherry blossoms at Fort McHenry. Photo by Mitch Eyster.

Many people travel to the nation’s capital each year for the annual Cherry Blossom Festival. If you are unable to make it to D.C. to see the blooms, fear not. While the district might be one of the most famous places in the country to view cherry blossoms, it is certainly not the only place. Many states across the U.S. have groves of cherry blossoms. Have you seen cherry blossoms in your area? Let us know in the comments!

Subscribe to In Custodia Legis – it’s free! – to receive interesting posts drawn from the Law Library of Congress’s vast collections and our staff’s expertise in U.S., foreign, and international law.

The Statutes at Large has been an ongoing project with the Law Library of Congress, in fact, it was one of my first projects when joining the Law Library nearly ten years ago! The Statutes at Large made its debut on our website in 2014 and increased every year in scope until we had years 1789-1950 covered on our website. Initially just a large PDF, we worked to add downloadable individual titles for each Congress. Unfortunately with our migration to the new website, much of this work was lost, but it has been at the top of our list to bring this functionality back.

We began the process in the summer of 2022 when Olivia Kane-Cruz piloted this project as a proof of concept while working as a remote-directed fieldwork student. She completed the first 15 Congresses to much excitement, and we realized we had to continue this project even though it required an overwhelming amount of coding. Fortunately, Olivia became our Librarian-in-Residence and is now leading a group of six interns and volunteers to tackle this project. In just a few short months, we have been able to reach Congress 31, with more on the way!

To create these navigation aids for this digital collection, the HTML coding needs a chapter index with the number, title, and date for each Congress. In addition, each chapter needs a hyperlink to the exact location of each chapter within a PDF. Each Congress can have thousands of statutes, meaning thousands of lines of coding in each Congress and/or volume. This semester’s progress has already been a success and we hope to continue it in future semesters until we finish the collection!

The navigation aid “Acts of Congress” under the United States Statutes at Large collection. Click on the + to view the individual statute titles, dates, and links.

Here are the six interns/volunteers working on this project:

Laura Carter is Missouri-born, North Carolina-raised, and now lives in South Carolina. She is currently in the Ph.D. program for library and information science at the University of South Carolina. She holds an M.L.I.S. from the University of South Carolina and a B.S.B.A. in marketing from East Carolina University. Besides the internship, Laura works as a project manager in the Digital Collections Department at the University of South Carolina. In her free time, Laura loves reading cozy mysteries, trying new recipes, and is currently learning Farsi with her Ph.D. cohort.

Allie Crout is a South Carolina native who holds a B.A. in history from Newberry College, a small liberal arts college in South Carolina, then obtained an M.L.I.S. from the University of South Carolina, where she worked at the South Caroliniana Library. She is currently completing her M.Phil in public history and cultural heritage from Trinity College Dublin, Ireland. She has worked at several public libraries and college archives throughout South Carolina as well as currently interning at St. Patrick’s Cathedral. Allie enjoys reading the latest novels, traveling to as many historical sites as possible, and spending time with her two dogs and family. 

Brenda Esparza recently completed an M.L.I.S. degree from the University of Arizona with an emphasis on digital preservation and metadata. Currently, she works for her public library system in Phoenix, Arizona, as an outreach specialist and as an adjunct librarian for her local community college. Her professional interests include community outreach, information organization, and digital collections. When not working, she enjoys tending to her house plants, hiking, and cooking tasty plant-based cuisines.

Amy Glen is a self-professed super history nerd from Virginia. She holds both a B.A. in English and history and an M.A. in applied history from George Mason University. Amy enjoys helping others with historical research and working towards her goal to make history interesting and accessible to all. When Amy is not researching and writing about history, she enjoys visiting historic sites and museums, reading and collecting old books, and playing with her two wild Westies.

Madison Russell was born and raised in Texas. She has a B.M. in jazz studies, an M.S. in interdisciplinary studies (interactive and virtual digital communication), and will have an M.S. in library science as of spring 2023 from the University of North Texas. As a composer, musician, and recording artist, Madison explores introspection, empathy, and the complexity of the human experience. She writes and performs alternative, jazz, and rock music as an artist and in various bands. She is dedicated to dismantling oppressive structures and striving for inclusivity and accessibility in music and information services. Her additional interests include reading, fashion, and design.

Samantha Warriner is California born and bred and has recently completed her M.L.I.S. studies at San José State University. Her focus was on digital literacy and programming, and paired with her theater and English undergrad degrees, she hopes to create educational and enjoyable experiences for all.  She currently works in the children’s department at a public library and loves learning new skills, like those via this remote metadata internship. In her spare time she helps organize fan conventions, as well as going on food adventures with friends.

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Today’s interview is with Emmanuel Kwabena Owusu Amoah, a foreign law intern working with me in the Global Legal Research Directorate of the Law Library of Congress. 

Describe your Background

I was born and raised in Kumasi, a bustling city in the Ashanti region of Ghana. Growing up, I had the privilege of receiving an excellent education at the Hilltop School, thanks to the joint efforts of my family and dedicated tutors. When I turned 15, I moved to Cape Coast to attend Mfantsipim School for my high school education, which provided a challenging yet enriching experience that helped shape who I am today. After high school, I returned to Kumasi to pursue my university education. Upon graduation, I moved to Accra to complete my mandatory national service. During this time, I worked as a legal assistant at the Ministry of Trade and Industry, which sparked my interest in international economic law which I am pursuing in my LL.M. at Georgetown Law.

What is your professional and academic history?

I am an attorney called to the Ghana Bar after completing my professional legal training at the Ghana School of Law, where I also served as the president of the Students’ Representative Council. Prior to that, I obtained an LLB and a master’s degree in project management from Kwame Nkrumah University of Science and Technology. I am currently pursuing an LL.M. in general studies with a certificate in WTO & international trade studies at Georgetown University Law Center in Washington, D.C.

Regarding my professional experience, I have worked in private practice and for the executive and judicial branches of Ghana’s government. I began my professional legal career as a trainee associate at a law firm in Accra, Ghana. I have also served as a clerk of a Justice of the Supreme Court of Ghana and as a legal assistant at Ghana’s Ministry of Trade and Industry.

How would you describe your job to other people?

I work as a foreign law intern at the Global Legal Research Directorate under the supervision of Hanibal Goitom. My role involves drafting legal memoranda in response to requests from the United States Congress, as well as federal agencies and the public. In addition, I conduct comprehensive research on legal developments in English-speaking African jurisdictions and summarize my findings in informative articles for one of the Law Library’s online publications, Global Legal Monitor. I also undertake other legal research assignments to support the Law Library’s work.

Why did you want to work at the Law Library of Congress?

As I searched for internship opportunities, I had a clear idea of what I was looking for – a work environment aligned with my interests and professional goals. My passion for working in either an international organization or the government led me to explore various options. However, a visit to the Library of Congress with my class left a lasting impression on me. The institution’s friendly and welcoming atmosphere struck me, and I knew I wanted to be a part of this community and contribute to the essential work here.

When I learned about the opportunity to support the U.S. Congress, I was thrilled by the prospect of being able to contribute to such an important organization. Working at the Library was a chance to merge my passion for government with my growing interest in research. As the largest library and research institution globally, the Library of Congress presented a remarkable opportunity I could not pass up. I was confident that working here would allow me to improve my skills, expand my horizons, take on new challenges, and grow professionally and personally.

What is the most interesting fact you have learned about the Law Library of Congress?

The depth of its collection is awe-inspiring. With a staggering 173 million items in its collection and almost 3 million volumes in the Law Library alone, it’s hard to wrap your head around the scale of it. But what’s even more fascinating is that almost every book and legal resource you could think of can be found here. When conducting research, I’ve been amazed at the vast array of resources available. In my own experience, if you can’t find what you’re looking for there, it’s unlikely that you’ll find it anywhere else.

Another interesting fact is that the Law Library is mandated by law to be open anytime either house of Congress is in session. This means that the library remains open during extended sessions, overnight, and even through storms and blizzards. This is a testament to the critical role of the Law Library of Congress in the functioning of the US Congress.

What is something most of your co-workers do not know about you?

I am an avid soccer fan who does not miss Real Madrid matches.

One of our spring projects this spring is one that builds on work from previous semesters working on the American State Papers.

The American State Papers is a collection of legislative and executive documents of Congress during the period from 1789 to 1838, including the critical historical gap from 1780 to the printing of the first volume of the U.S. Serial Set in 1817. This project comes from the Century of Lawmaking website that has recently moved to a more modern and sustainable format.

This group, led by Justine Criswell, is looking at each individual entry in the American State Papers and adding individualized metadata. This will allow it to be searched and browsed within our global search. There are 6,278 documents in 38 volumes, compiled into topics so the interns are able to choose a topic in which they have an interest or background. This project is on track to be completed in the next few months and we hope to have this collection released by the end of the year!

Meet the team:

Justine Criswell has enjoyed a wonderful career as a secondary art and art history teacher for 30 years and is venturing into a second career as an archivist/records manager when she retires from teaching in a few years. She has been living in upstate New York for 20 years and recently completed her second master’s degree from SUNY-University at Albany, New York in archives. Last summer, she had the honor and privilege of being a multimedia archives librarian intern at the United Nations in New York. She is enjoying spending time with her husband, abundant garden, and two beautiful children.

Emily Alesia Poteat holds a B.A. in history from Elon University and an M.A. focused on public history from Villanova University. This fall she will begin an M.L.I.S. program and focus on archives management. Emily is particularly interested in rare books and manuscripts. In her work on history, Emily delves into questions of identity and intellectual history.

Haley Salisbury will graduate with her M.L.I.S. from Wayne State University in May 2023. Her area of concentration is digital content management with a particular interest in metadata and accessibility. She has a B.A. in media arts and studies, also from WSU. Originally from Michigan, she recently relocated to North Carolina with her husband, son (soon to be sons), dog, and two cats. Haley enjoys reading, weekend trips with her family, and trying new coffee shops in her free time.

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This is a guest post by Kayahan Cantekin, a foreign law specialist in the Global Legal Research Directorate of the Law Library of Congress.

We are proud to announce that our new multi-jurisdiction report on mechanisms employed to fund immigration agencies in selected Organisation for Economic Co-operation and Development (OECD) countries is now available on law.gov. The report includes surveys of 34 OECD-member jurisdictions, observing how they fund their government agencies responsible for administering immigration. The surveys include information on whether the jurisdictions employ mechanisms that allow immigration agencies to use the service fees and other charges they collect while providing immigration-related services to fund their operations. The report found that while some jurisdictions employ such mechanisms, in the majority of the jurisdictions, the agencies are funded solely through ordinary appropriations in state budgets.

Agency self-funding mechanisms

The report found that out of the 34 jurisdictions surveyed, eight have adopted funding mechanisms that earmark the funds collected by immigration agencies as service fees and other charges to be used for the agency’s own activities. Such funding mechanisms set up in these jurisdictions differ from each other in various aspects. For example, while some jurisdictions allow immigration agencies to collect fees and charges in special agency accounts, in others, the money must be remitted to the Treasury once collected by the agency while remaining earmarked for the agency’s use.

This report is an addition to the Law Library’s Legal Reports (Publications of the Law Library of Congress) collection, which includes over 3,000 historical and contemporary legal reports covering a variety of jurisdictions, researched and written by foreign law specialists with expertise in each area.

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Back in August 2022, we held a Lunch and Learn Webinar, “An Overview of Treaty Research,” presented by legal reference librarian Louis Myers.

This webinar provided an introduction to resources and strategies to effectively research three distinct areas of treaty practice: U.S. bilateral treaties, foreign bilateral treaties, and multilateral treaties. We looked at different treaty compilations and indexes, and both online and physical resources to find treaties. The presentation went over information specific to treaty research, including an introduction and overview of special terms and phrases used in treaty practice. Louis also provided detailed research examples to find U.S. treaties, select foreign treaties, and multilateral treaties. Lastly, resources on travaux préparatoires (similar to U.S. legislative history materials) were introduced and discussed.

You can now watch a recording of this webinar here:

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Washington, D.C.‘s cherry blossoms are predicted to reach peak bloom earlier than usual this year, beginning around March 22nd. Recent Library visitors may have already seen the Yoshino trees on the Library’s Capitol Campus in bloom as early as last week, as pictured here.

Cherry blossoms on the Library of Congress’s Capitol Hill campus. Photo taken and edited by Bailey DeSimone. Southern view of the Jefferson Building, taken through the branches of cherry blossoms. Photo taken and edited by Bailey DeSimone.

Did you know there are multiple cherry blossom varieties growing across the city? For example, you might notice the kwanzan blooms closer to peak bloom. The Library’s digital image collections are rich with illustrations, prints, and photos of the different kinds of cherry blossoms. Learn more about the legal process behind these trees’ arrival a century ago here.

The Law Library of Congress’s next offering in its Orientation to Legal Research Webinar Series will focus on the rules and regulations created by the executive branch of the U.S. federal government. In the “Tracing Federal Regulations” webinar, attendees will learn about the notice-and-comment rulemaking process, particularly the publication and citation of federal regulations.

The Law Library staff will also host a webinar detailing a basic overview of Congress.gov. The presentation will discuss how to research federal legislation and highlight recent updates to the site. More information about the content of both webinars and registration links can be found below.

Orientation to Legal Research Webinar: Tracing Federal Regulations

Date: Tuesday, April 4, 2023, 1:00 p.m. EDT – 2:00 p.m. EDT

Content: This entry in the series provides an overview of U.S. federal regulations, including information about the notice-and-comment rulemaking process, the publication and citation of regulations, and the tracing of regulations from the Code of Federal Regulations, to the proposed rule in the Federal Register, to the regulation’s docket.

Instructor: Ann Hemmens – senior legal reference librarian. Ann holds an undergraduate degree from the University of Illinois and earned both her J.D. and Master of Science in Library Science from the University of North Carolina at Chapel Hill.

Register here.

Congress.gov Webinar

Date: Thursday, April 20, 2023, 2:00 p.m. EDT – 3:00 p.m. EDT

Content: This orientation is designed to give a basic overview of Congress.gov. While the focus of the session will be searching legislation and the congressional member information attached to the legislation, the new features of Congress.gov will also be highlighted.

Instructors: Barbara Bavis and Robert Brammer. Barbara is the bibliographic and research instruction librarian at the Law Library. She holds a B.A. in history from Duke University, a J.D. from the University of North Carolina School of Law, and a Master of Science in Library and Information Science with a specialization in law librarianship from Catholic University. Robert is the chief of the Law Library’s Office of External Relations. He holds a B.A. in political science from the University of Kentucky, a J.D. from Wayne State University, and a Master of Library Science from Florida State University.

Register here.

To learn about other upcoming classes on domestic and foreign law topics, visit the Legal Research Institute.

Subscribe to In Custodia Legis – it’s free! – to receive interesting posts drawn from the Law Library of Congress’s vast collections and our staff’s expertise in U.S., foreign, and international law.

Last month, Andrew brought us news that you can sign up to receive an email alert when a member of Congress provides remarks that are recorded in the Congressional Record. This month’s release concerns a lot of work that occurs behind the scenes, including updates and enhancements to the Congress.gov API and adding a feature so that Senate amendments are displayed on text tabs and are searchable starting with the 117th Congress.

So, with that in mind, today’s Congress.gov post is a tip on how to search the Bound Congressional Record for Congressional reactions to historic events. The Bound Congressional Record on Congress.gov now provides coverage dating back to 1891.

I searched for Congressional reactions to the loss of the U.S.S. Macon. The Macon was a rigid Naval airship that served as an aircraft carrier. The Macon could launch Sparrowhawk planes that attached to it via a hook. On February 12, 1935, the Macon crashed and sank in the Pacific after suffering a structural failure. Senator Wagner reacted to the crash on February 15, 1935, by entering newspaper articles into the Congressional Record that questioned the future of dirigibles, particularly since other airships, including the Shenandoah and the Akron, had also crashed.

To search the Bound Congressional Record, select the “Congressional Record” in the dropdown menu, enter your search terms, and on the results screen, click “show keywords in context.” Show keywords in context displays a snippet of the text where your result appears so you can quickly decide whether or not it is relevant to you. You could also browse the Congressional Record by date.

Most-viewed bills

These are the most-viewed bills for the week ending on March 5, 2023.

1. H.Con.Res.9 [118th] Denouncing the horrors of socialism. 2. H.R.2617 [117th] Consolidated Appropriations Act, 2023 3. H.R.5376 [117th] Inflation Reduction Act of 2022 4. H.R.185 [118th] To terminate the requirement imposed by the Director of the Centers for Disease Control and Prevention for proof of COVID-19 vaccination for foreign travelers, and for other purposes. 5. H.R.25 [118th] FairTax Act of 2023 6. S.623 [117th] Sunshine Protection Act of 2021 7. S.596 [117th] Treat and Reduce Obesity Act of 2021 8. H.R.1280 [117th] George Floyd Justice in Policing Act of 2021 9. H.R.82 [118th] Social Security Fairness Act of 2023 10. H.R.3684 [117th] Infrastructure Investment and Jobs Act

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Each month the Law Library of Congress hosts a Foreign and Comparative Law Webinar, presented by one of our foreign law specialists. Last July, Ruth Levush presented her webinar entitled “Regulating Remote Work During the Pandemic and After: Global Perspectives,” which provided an overview of the considerations undertaken by the U.S., the European Union, and selected foreign countries in regulating offsite work. The webinar also focused on rules adopted by different jurisdictions prior to the onset of the COVID-19 pandemic for work performed outside of employers’ premises, often termed “telework” or “remote work.” Ruth conducts research on Israeli domestic law, as well as comparative and international law, for the U.S. Congress, executive agencies, and the U.S. judiciary.

You can now watch a recording of this webinar here:

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The following is a guest post by Dante Figueroa, a senior legal information analyst at the Law Library of Congress covering Italian, Vatican, Roman, and Canon law. 

Join us on March 30, 2023, at 2 p.m. EDT for our next foreign and comparative law webinar titled, “Italian Legislative Framework for the Return of Unlawfully Obtained Artwork.” 

Please register here. 

Cultural heritage is a footprint for a nation’s identity, as it helps societies to understand their roots, promote diversity and solidarity, and identify a set of values to be protected and transferred to future generations. Cultural heritage is also a source of great wealth for nations. Accordingly, international law has established the obligations of states to tackle the phenomenon of unlawful trafficking of cultural objects. In addition, domestic law usually binds museums and art galleries with common guidelines or shared protocols regarding the acquisition of artwork. In the case of the European Union, the acquisition, handling, and transfer of artwork are protected, requiring a coordinated effort by member states to safeguard their relevant cultural heritage. In this context, the Italian model generates particular interest, considering its huge arsenal of artwork and the experience accumulated by its administrative bodies in tracking and retrieving unlawfully-discovered or exported artwork. Italian legislation itself is the product of a historical tradition, as the first statutes in this field were adopted in the 19th century, preceded by earlier examples dating to the Renaissance. Hence, this webinar will address these aspects related to the transboundary tracking and recovery of artwork, with a focus on the United States and Italy.

Flyer announcing upcoming foreign law webinar, Italian Legislative Framework for the Return of Unlawfully Obtained Artwork, created by Kelly Goles.

This entry in the series will discuss the general legal framework in both the United States and Italy concerning the identification, tracking, and return of unlawfully obtained artwork. The presenters will also share some statistics and refer to case law dealing with the relevant topics. Finally, they will identify bilateral cooperative initiatives between both jurisdictions, and the challenges that lie ahead in the field.

Presenter Roberto D’Orazio is a permanent official at the Italian Parliament, currently serving as a comparative and foreign law researcher at the Library of the Chamber of Deputies. He holds a law degree and has published many articles and essays mainly in comparative and European law. A member of several law journal editorial boards, he was a panel member and presenter at various national and international conferences and workshops and participated in national research projects.

Presenter Dante Figueroa is a senior legal information analyst and has worked at the Law Library of Congress since 2006. He has a J.D. degree from the University of Concepcion, Chile, an LL.M. from the University of Chile, and an LL.M. from American University in Washington, D.C. He is fluent in Spanish, English, French, and Italian and conversant in German and Portuguese. He covers Italian, Vatican, Roman, and Canon law.

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The Law Library of Congress is proud to present the report, Foreigners' Right to Real Property Ownership : China, Iran, North Korea, Russian Federation.

This report, prepared by staff of the Law Library’s Global Legal Research Directorate, analyzes the laws of China, Iran, North Korea, and Russia regulating the right of foreign companies and individuals to acquire land and other real estate, with a particular focus on whether United States persons are specifically prohibited. (Feb. 2023)

Today, March 8, 2023, is International Women’s Day. If you happen to live in the German state of Mecklenburg-Western Pomerania, you even get to take the day off for the first time. The United Nations (UN) started celebrating this day in 1975 to highlight “the progress made towards achieving gender equality and women’s empowerment but also to critically reflect on those accomplishments and strive for a greater momentum towards gender equality worldwide.” In December 1977, the UN General Assembly passed a resolution calling on “all States to proclaim a United Nations Day for Women’s Rights and International Peace to be observed on any day of the year by Member States, in accordance with their historical and national tradition.” The theme in 2023 is “DigitALL: Innovation and technology for gender equality.”

Internationaler Frauentag 8. März 1953. 1953. Landesarchiv Thüringen – Staatsarchiv Altenburg, Plakate, Nr. 169. Used under CC BY-NC-SA 4.0.

 

International Women’s Day in Germany

Germany celebrated International Women’s Day for the first time on March 19, 1911. In 2019, the German city state of Berlin became the first state to make March 8 an official public holiday. (FeiertG BE, § 1, para. 1, no. 2.) This year, Berlin is joined by the state of Mecklenburg-Western Pomerania, where the state parliament voted in 2022 to add March 8 as a public holiday. (Feiertagsgesetz Mecklenburg-Vorpommern, § 2, para. 1, no. 2.) According to the explanatory memorandum to the law in Mecklenburg-Western Pomerania, 26 other countries have declared international women’s day a public holiday. In a press release announcing the new public holiday, the spokeswoman on gender equality for the Social Democratic Party of Germany stated that selecting March 8 as a new public holiday is meant to shine a light on International Women’s Day and make people inquire what this day is about and why it was selected as a new holiday.

Legislation on Gender Equality in Germany

The German Basic Law, the country’s constitution, states in article 3 that “men and women shall have equal rights” and that “[t]he state shall promote the actual implementation of equal rights for women and men and take steps to eliminate disadvantages that now exist.” In 2015, the German parliament adopted a first law on the equal participation of women and men in leadership positions in private and public sector companies. It required supervisory boards of private publicly traded companies that are codetermined to be composed of a minimum of 30% women and 30% men. In August 2021, a second law to increase the number of women in leadership positions in private and public sector companies in Germany (FüPoG II) entered into force. Since August 1, 2022, private companies that are both publicly traded and codetermined are required to appoint at least one woman and one man to an executive board with more than three members. (FüPoG II, art. 7, no. 1.) Other private companies must set a target figure for women and must ensure that the target figure (in percentage) equals a full person. (Art. 7, nos. 1, 6; art. 10, nos. 2, 4; art. 11, no. 2.) In the European Union (EU), the Directive on Improving the Gender Balance Among Directors of Listed Companies was adopted on November 22, 2022 after ten years of negotiations. It “aim[s] to accelerate progress towards gender balance” and requires member states to ensure that listed companies have 40% of the underrepresented sex among non-executive directors or 33% among all directors by June 30, 2026. (Directive, arts. 1, 4.)

Furthermore, German law forbids employment discrimination on the basis of gender, among other categories. (General Act on Equal Treatment, § 2.) In 2017, Germany passed a law to address the gender pay gap and ensure equal pay for equal work or work of equal value for women and men in the same workplace, the Transparency in Wage Structures Act (Entgelttransparenzgesetz). The act provides several measures to promote transparency in pay structures. However, despite these measures, Germany has one of the largest gender pay gaps in the EU and among EFTA countries. The European Commission proposed a directive on binding pay transparency measures on March 4, 2021. The negotiations are ongoing.

Progress on Gender Equality in Germany

The German government acknowledges that even though there is legal equality between men and women, implementing this legal mandate in real life still needs some work. The German Federal Ministry for Family Affairs, Senior Citizens, Women, and Youth regularly publishes a ”Gender Equality Atlas,” which gives an overview of the regional differences in the equality of women and men in Germany. The German Federal Statistical Office (Statistisches Bundesamt, DESTATIS) publishes a yearly Gender Equality Index, which sets out the progress on gender equality in supreme federal authorities (oberste Bundesbehörden). Furthermore, in 2021, the German government published its Third Gender Equality Report. The expert commission was mandated to explore “how digitalization can be shaped in a gender-equitable way.” It presented several recommendations to achieve this goal. The federal government then added its comments. The then-Minister of Gender Equality Christine Lambrecht stated that “the goal is to promote gender equality through digitalization, for example by increasing the number of women in digital professions, remote work, or combatting online discrimination.” 

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The Law Library of Congress is proud to present the report, Repatriation of Immigration Detainees' Remains.

This report addresses the responsibility for covering the costs of repatriating the remains of foreign nationals who died in immigration detention to their home countries in the following jurisdictions: Canada, France, Germany, Greece, Italy, Israel, Japan, Mexico, Portugal, Sweden, and the United Kingdom (UK). (Feb. 2023)

On Thursday, March 23, 2023, at 12 p.m. EDT, legal reference specialist Louis Myers and Librarian-in-Residence Olivia Kane-Cruz will present our next Lunch and Learn Webinar, “Recent Developments in U.S. Foreign Relations Law and Research Strategies.”

Please register here.

This webinar will provide an overview of recent developments in U.S. foreign relations law, including statutes, cases, and international agreements passed over the last two years. The webinar will also provide practical examples highlighting the various aspects of U.S. foreign relations law and strategies to effectively research this dynamic area of law.

The presentation will introduce general concepts of public international law and a specific explanation of U.S. practice in international law, or practice in foreign relations law. Much of the content will be sourced from the Digest of the United States Practice in International Law, a U.S. Department of State yearbook publication. The presentation will include examples of immigration law, extradition and mutual legal assistance, international tribunal action, customary law, environmental issues, and recent treaties.

Louis Myers holds a B.A. in history from Kent State University, a J.D. from the University of Idaho College of Law, and an M.L.I.S. from Kent State University. He has been with the Library of Congress since July 2020.

Olivia Kane-Cruz holds a B.A. in political science from Humboldt State University (Cal Poly Humboldt), a J.D. and a masters of environmental law and policy from Vermont Law School, and an M.L.I.S. from the University of Washington. She has been at the Library of Congress since September 2022.

Subscribe to In Custodia Legis – it’s free! – to receive interesting posts drawn from the Law Library of Congress’s vast collections and our staff’s expertise in U.S., foreign, and international law.

Article 14, paragraph 1 of the Universal Declaration of Human Rights, which has been codified in the Convention Relating to the Status of Refugees, provides that “[e]veryone has the right to seek and to enjoy in other countries asylum from persecution.” In November 2022, the European Union (EU) Member States plus Switzerland and Norway received a total of 107,300 asylum applications—the most since 2016 according to the European Union Agency for Asylum. The UN Refugee Agency (UNHCR) reported a similar worldwide trend. By the end of 2021, 89.3 million people were displaced, including 4.6 million asylum seekers. As of May 2022, the number of forcibly displaced people has risen to 100 million people, which constitutes the highest ever on record. Turkey reportedly hosts the world’s largest population of refugees.

The Global Legal Research Directorate (GLRD) of the Law Library of Congress recently completed research on the asylum application processes in nine selected jurisdictions, focusing, in particular, on processes involved in determining whether an asylum seeker is in need of international protection. We are excited to share with you the report that resulted from this research, Asylum Application Processes. The report covers Canada, Germany, Italy, Malta, Portugal, Sweden, Turkey, the United Kingdom (UK), and the EU.

People seeking asylum must prove to the competent authorities that they have a well-founded fear of being persecuted. At what point in the asylum application process this requirement is examined varies from country to country. In Canada, for example, it is not required for a referral for a hearing at the Refugee Protection Division of the Immigration and Refugee Board. The EU has enacted the Asylum Procedures Directive, which establishes common procedures for granting and withdrawing international protection, meaning refugee status and subsidiary protection. Applicants are required to cooperate with the competent authorities and are entitled to a personal interview to determine their eligibility. The EU Member States are obligated to transpose the EU directive into their national laws and comply with its requirements. Even though the UK withdrew from the EU on January 31, 2020, it has transposed a number of EU directives, including the Asylum Procedures Directive, into its national legislation. Likewise, Turkey’s laws are largely in line with the EU laws, with the notable exception of the “temporary protection” status.

We invite you to review the information provided in our report. This report is an addition to the Law Library’s Legal Reports (Publications of the Law Library of Congress) collection, which includes over 3,000 historical and contemporary legal reports covering a variety of jurisdictions, researched and written by foreign law specialists with expertise in each area. To receive alerts when new reports are published, you can subscribe to email updates and the RSS feed for Law Library Reports (click the “subscribe” button on the Law Library’s website). The Law Library also regularly publishes articles related to asylum in the Global Legal Monitor.

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In January 2023, there were 21,896 foreign nationals in U.S. Immigration and Customs Enforcement custody (ICE). According to ICE, fatalities in its facilities happen, but “occur at a small fraction of the national average for detained populations in federal or state custody.” ICE protocols regulate procedures for notification, review and reporting of detainees’ death. It does not appear that there is currently any requirement on the part of the U.S. government to cover expenses of repatriation of detainees’ remains to their home countries.

A recent Law Library of Congress report examines the rules that apply to repatriation of immigration detainees’ remains in Canada, France, Germany, Greece, Israel, Italy, Japan, Mexico, Portugal, Sweden, and the United Kingdom (UK). Relevant regulations in some of these countries include notification of the death of foreign detainees to family members and to foreign consulates, obligations of municipalities and regional administrations regarding burial of detainees dying within their boundaries, financial assistance for burial in the country where the death occurred, and procedures for repatriation.

Among the countries surveyed, only the UK was identified as having adopted specific orders authorizing state funding for covering costs associated with the repatriation of remains of foreign nationals who died in immigration detention.

In the absence of provisions such as those in the UK to cover repatriation expenses, the costs associated with repatriation in other jurisdictions are usually borne by the family of the foreign national or by the consulate. If repatriation does not take place, the remains of persons who die while in custody are buried or cremated in the countries where the death occurred.

The report, Repatriation of Immigration Detainees’ Remains, contains a summary and individual country surveys for all the jurisdictions surveyed on funding for repatriation as well as on other aspects of handling the death of detainees in immigration custody.

The report is part of the Legal Reports (Publications of the Law Library of Congress) collection which contains to date more than 3,000 reports, current and historical, authored by the Law Library of Congress specialists and analysts on a variety of legal topics.

Subscribe to In Custodia Legis – it’s free! – to receive interesting posts drawn from the Law Library of Congress’s vast collections and our staff’s expertise in U.S., foreign, and international law.

In Washington, D.C., we will be springing forward into daylight saving time in March. Celebrate the time change by attending one of our webinars from our recurring series of classes regarding U.S. legal research, with our orientation to legal research webinar focusing on federal legislative history. In our orientation to law library collections webinar, we are pleased to welcome a law librarian from the Minnesota state law library as part of our state law libraries outreach project. The purpose of the state law libraries outreach project is to strengthen the ties between the Law Library of Congress and state law libraries by sharing information about our collections, products, and services with one another and with the public. This project involves providing a guest spot for state law librarians to discuss the collections and services they offer during our Orientation to Law Library Collections webinars. Presenting from the Minnesota State Law Library will be State Law Librarian, Liz Reppe.

More information about the Law Library’s upcoming U.S. law webinars and registration links can be found below.

Orientation to Law Library Collections

Date: Tuesday, March 14, 2023, 1:00 p.m. EDT – 2:00 p.m. EDT

Content: This webinar is designed for patrons who are familiar with legal research, and would instead prefer an introduction to the collections and services specific to the Law Library of Congress. Some of the resources attendees will learn about include the Law Library’s research guides, digital collections, and the Guide to Law Online, among others. It will also feature a special appearance by the Minnesota State Law Library law librarian Liz Reppe, as part of the State Law Libraries Outreach Project.

Instructor: Barbara Bavis – Barbara is the bibliographic and research instruction librarian at the Law Library. She holds a B.A. in history from Duke University, a J.D. from the University of North Carolina School of Law, and a Master of Science in Library and Information Science with a specialization in law librarianship from Catholic University.

Register here.

Orientation to Legal Research: Federal Legislative History

Date: Thursday, March 16, 2023, 1:00 p.m. EDT – 2:00 p.m. EDT

Content: This webinar will discuss how to find debates, hearings, reports, and other documents that may reflect a bill’s legislative intent as it moves through Congress. The presentation will focus largely on how to find these documents through online government resources, including Congress.gov, govinfo.gov, and Law.gov., and quickly touch on subscription databases that can be accessed at one’s local public law or academic library.

Instructor: Barbara Bavis – Barbara is the bibliographic and research instruction librarian at the Law Library. She holds a B.A. in history from Duke University, a J.D. from the University of North Carolina School of Law, and a Master of Science in Library and Information Science with a specialization in law librarianship from Catholic University.

Register here.

To learn about other upcoming classes on domestic and foreign law topics, visit the Legal Research Institute.

Subscribe to In Custodia Legis – it’s free! – to receive interesting posts drawn from the Law Library of Congress’s vast collections and our staff’s expertise in U.S., foreign, and international law.

 

The following post is cross posted on the The Signal blog.

In today’s post, Abby Shelton interviews a By the People volunteer, Claude, who has gone above and beyond! By the People is a crowdsourced transcription program launched in 2018 at the Library of Congress. Volunteer-created transcriptions are used to make digitized collections more accessible and discoverable on loc.gov. You can read our other Volunteer Vignettes on the Signal here and here.

Abby: What motivates you to volunteer on the crowdsourced transcription program, By the People?

Claude: I was introduced to the Herencia project by a friend who is a lawyer who thought I would be interested. I began in March 2020, at the beginning of the pandemic, and it became an addiction. It helped me through those times, and continues to do so now. I treat it as a job, and work on it almost daily, whether I am at home or travelling. Why continue? Because each document teaches me something, and curiosity is essential.

Do you have any special skills or interests that relate to transcribing or reviewing documents?

I grew up in Madrid, went to Spanish school, therefore speak Spanish (of course, but now my slang is very dated). We had to speak English at home, but to this day with my brothers we easily switch from Spanish to English. At school, I studied Latin and Greek, so transcribing the Latin is interesting, especially when accents are used.

Seeing the transformation of Spanish (and Catalan) from the 16th century to the 19th century has extended my vocabulary. It also makes me wonder how decisions are made by the Academia de la Lengua Española in the 21st century as to spelling, meaning, placing of accents, etc.

Another skill that has emerged, was realizing that transcribing Spanish or Latin was not as automatic for my fingers as it is when writing in English. Now, my fingers are faster than my eyes or brain, and they “know” when I have made a mistake.

What have been some of the most compelling or interesting documents you’ve come across? Why?

I loved working on the agricultural documents. It explained a lot of the present landscape of Spain, the relationship of kings and people to the land, and their responsibilities. Others, like marriage documents, kept me going like telenovelas: I had to find out whether the cad married the doncella in the end! Information on the guilds, on who can work in gold, or silver and never shall the two crossover. The importance of scribes.

One document that Grislean Palacios wrote in a blog about drainage in Mexico City, made me gasp at one point, when the writer says that they had to interview old people to find out where the original drains were; they interviewed the grandson of Montezuma! History in your face.

A portion of the By the People transcription (right) of “Holographic copy of a report issued by Bernardino Estrada of Mexico city, concerning the drainage system of the lake of Mexico,” (left) from November 12, 1750. (Law Library of Congress.)

In the Wills section, I was puzzled by handwritten ones that were illegible. How did those to inherit figure it out? Several documents on building and rebuilding the canals, or rail lines in Aragon or Cataluña are still in use today. Hard to narrow down.

But so many writers could have used a brutal editor at that time: so many “aforementioned,” “said person,” repetition of paragraphs with one word difference….arghhh. But legal issues do depend on the minutia of language.

Tell us about your recent visit the Library to see some documents from the Herencia campaign in-person. What was that experience like?

Wonderful. Everyone was so welcoming. Seeing the documents in person also lets you examine the bindings, and their scent. I preferred the manuscripts, the great condition they are in, the ink and the corrections and additions.

What advice do you have for new or first-time transcribers?

It is good to familiarize oneself with previous document transcriptions, or handwriting. It also helps if you are familiar with a Romance language. Keep a Latin or Spanish dictionary nearby. Many words may not appear, but will help figuring out their meaning, spelling (more or less), or context. And accents are very important to include, without them researchers can misconstrue meanings or intentions. Find them on your computer.

Subscribe to In Custodia Legis – it’s free! – to receive interesting posts drawn from the Law Library of Congress’s vast collections and our staff’s expertise in U.S., foreign, and international law.