Research & Litigation

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.

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.

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

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.

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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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 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.

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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.

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 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.

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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.

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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.

The Law Library has suffered an immeasurable loss with the passing of Nicolas Boring, our foreign law specialist for French-speaking jurisdictions. His colleagues, former and current, will remember and miss interesting conversations with him, his kindness, his knowledge, and his warm and positive nature. He went out of his way to assist patrons, support colleagues, and mentor the many interns who worked with him over the years.

Nicolas started at the Law Library in 2013, following around 10 years of working in private practice in Washington, D.C. Before that, he studied law in France, obtaining a Licence de Droit from the Université de Paris 10 Nanterre (now Université de Paris Ouest Nanterre La Défense). He then obtained a J.D. from the College of William & Mary in Williamsburg, Virginia. He also later obtained a master’s degree in international politics at Aberystwyth University in Wales.

Right from his interview for the foreign law specialist position, Nicolas displayed his passion and curiosity regarding history, law, politics, and international events. And what better place for him than here at the Law Library! He loved his job, and this showed in his dedication and the scope and depth of his work for a wide range of patrons, including congressional staff, executive branch agencies, federal courts, and the public. He also wrote or assisted with numerous posts for this blog, using his wonderful conversational style of writing. His webinars on global artificial intelligence regulation and on the French Civil Code were similarly engaging. He presented at major conferences, such as the annual meetings of the American Association of Law Libraries and the American Society of International Law, and represented the Law Library during a visit by the French president, Emmanuel Macron. And, of course, he wrote many, many articles and reports that can be found on the Law Library’s website.

Nicolas also had various interests and passions outside of work. He was creative and patient, having a love of painting and, in more recent years, of woodworking, making several beautiful pieces of furniture.

While it is difficult to put into words how much we will miss him, and how much we appreciated him and enjoyed working with him, the below comments from his friends and colleagues at the Law Library and beyond show the impact that he had on so many people. I was his supervisor for the past two years, and worked with him for many years before that. He was the kind of genuine, honest person who you could trust with anything, and who you knew would work diligently and enthusiastically on any task. He was also funny, interesting, and kind, and I was continually amazed at his approach to life, to his work, and to other people during the past two years.

Aslihan Bulut, Law Librarian of Congress:

Nicolas was such a wonderful person, and he truly loved his job and his many friends at the Law Library. I cannot fully express how much he will be missed, and how grateful I am to have known and worked with him. His expertise and his dedication will remain part of his legacy, but – above all– we will miss his kindness and positivity, the interesting conversations, and his warm and welcoming attitude to everyone he encountered.

Jenny Gesley, foreign law specialist:

Nicolas was more than just a colleague; he was a friend. When I started at the Law Library, he was one of the first people to welcome me and introduce me to everyone. His office was opposite mine, so he would frequently stop by for a “quick chat.” You could talk about anything with him and he was not shy to share personal experiences; the good and the bad. I also vividly remember his “coucou, chérie” when he talked to his wife on the phone and the cute pictures of his son that he would proudly share with us. I will miss him.

George Sadek, foreign law specialist:

Nicolas was my office mate. I remember our side talks and our jokes. He treated me with love and respect. I enjoyed every minute of our conversations. Nicolas was a good friend and a wonderful office mate. I have no words to describe how much I will miss him.

Gustavo Guerra, foreign law specialist:

Nicolas was a great colleague and a talented lawyer. In 2021, he presented a webinar on the Napoleonic Code’s history and legacy, during which he discussed the Code’s impact on other countries around the world, including many in Latin America. This is a master class on a very important topic of civil law, which has been widely viewed and praised.

Nicolas was one of a kind and we miss him very much. The memories of his years at the Law Library and his body of work will live on for years to come.

Ruth Levush, foreign law specialist:

Nicolas was a very kind, warm, humble, and cooperative colleague and friend. Highly intelligent, Nicolas was also a gifted artist. I admired his water paint artworks. I especially remember our conversations on family. When Thomas arrived, he was beyond happy. He always spoke lovingly about his wife, Erin. I will miss his positive outlook on life and warm smile.

Norma Gutierrez, retired foreign law specialist:

I was saddened and shocked to learn the news in my retirement that my former colleague at the Law Library, Nicolas, was called home to his Creator at such a young age. The years he and I worked in adjoining offices flashed through my mind. I remembered that our then-supervisor, Edith Palmer (RIP), when she was giving me a ride home from work, told me: “the Law Library already hired the new Foreign Law Specialist who will cover the French speaking countries. He is going to start soon and everybody will like him because he has a very nice personality.” 

Edith was right. The Law Library has lost not only a competent and very productive employee, but also someone who was a very good person, characterized by his kindness and friendliness. He was a gentleman who always offered a smile to the person in front of him. I always admired his generosity with his work time, because since the beginning of his tenure in the Law Library he offered to have interns under his guidance, despite his heavy workload.  

Nicolas’s sharing of the progress of his illness and his emotions with courage and openness serves as testimony to his many qualities as a person. We will always remember him fondly. My condolences to his wife, his young son, and the rest of his family. 

Theresa Papademetriou, retired foreign law specialist:

The news on the passing of Nicolas saddened me very much. It still is very hard to accept the news. I was his mentor for six months on European Union issues when he first arrived at the Law Library. From the beginning, I was impressed with his analytical skills and his penmanship. He was a gentle and kind person and he was very appreciative of my assistance. He was eager to learn and very happy that he joined the team in the Law Library. The Law Library lost a great staff member!

Luis Acosta, chief, Law Library Editing and Publishing Office:

I had the privilege of serving as Nicolas’s supervisor from late 2014 through 2020. He was truly a joy to work with. Despite a heavy and stressful workload serving as the Law Library’s foreign law specialist for practically all the francophone jurisdictions of the world, Nicolas never complained, and seemed to genuinely enjoy his work. He graciously accommodated patrons asking for short turnaround times. He was an excellent writer whose work rarely needed editing.

Nicolas touched so many people’s lives in positive ways. The Law Library’s database shows that Nicolas worked on 986 patron responses during his tenure here. I can attest that Nicolas made sure each and every one of those responses were authoritative and provided valuable information to these many patrons. And his work here was just one part of Nicolas’s contribution to the world. It’s unspeakably unfair that Nicolas was taken from us so early, but he accomplished so much while he was here.

Heather Casey, Law Library writer/editor:

I met Nicolas in 2018 at the IALL annual meeting in Luxembourg. From our first conversation, I could see what a warm person he was. We stayed in touch, meeting for the occasional lunch before I joined the Law Library of Congress. After I came on board, we had several opportunities to chat when we were both in the office at the same time. Nicolas was the kind of person you could easily spend upwards of a half hour talking to without noticing the time go by. He was so friendly. One thing that struck me was how open he was about his diagnosis. Nicolas wasn’t afraid to talk about how he was feeling, about what it meant for the future, and about what really mattered to him (his wife and his child and building memories they could cherish after he was gone). It was touching and also maybe one of the best examples I’ve seen of true bravery. Nicolas was courageous in a way I can only hope to be someday. He knew his time was limited but he chose to face that knowledge with good humor and grace. We were all lucky to know him and he will be greatly missed.

Molly O’Casey, former foreign law intern:

Nicolas was one of my first supervisors and remains one of my favorites. 

I was assigned to work with Nicolas as a summer intern for the Law Library of Congress. We bonded over having grown up between France and Texas. Nicolas had a very kind and gentle approach, which was complemented by a silly, and, on occasion, bitingly French, sense of humor. As I was making the awkward transition from university to a professional career, he provided exactly the type of guidance and energy I needed.  

On a slower day at the Law Library, I fell asleep at my desk. I woke up to laughter, as my fellow interns explained to me that Nicolas had come over to talk to me, saw that I was asleep, and wordlessly left me to nap.

I will always think of Nicolas’s compassionate and down to earth work style as an example of how to be a great mentor and legal professional.

Julie Schwarz, former foreign law intern:

Nicolas was a very considerate and kind person. When I first applied to the Law Library of Congress during my LL.M. degree, I was very torn between working at the Law Library or a law firm. Nicolas sensed my indecision, and he offered to be a sounding board. He gave very thoughtful advice and helped me reflect on my goals and what each path would bring me, without pushing me one way or another. He ended up helping me do both, and I’m very grateful I got to work with him. 

Baptiste Beurrier, former foreign law intern:

Nicolas was, throughout my time at the Law Library of Congress, a supervisor who wanted to see me progress. His advice is still with me in my work today. He quickly gave me confidence and delegated to me more and more important and interesting tasks. He was always ready to discuss with me, even when work and illness took his time. His courage in the face of illness, and his determination to do all he could as his health deteriorated, touched me greatly. I am infinitely grateful for the time I was able to spend with him.

Jessica Ho-Wo-Cheong, former foreign law intern:

Nicolas was warm and welcoming from the first day we met. He was very generous with his time and always willing to share ideas, not only with respect to legal research, but also the best food and snacks around Washington. Although we only collaborated for a brief period, his kindness and empathy shone through all our interactions.

Henri Barbeau, former foreign law intern:

I met Nicolas in the summer of 2019, when I was one of those lucky law students from Montreal selected for a two-month internship at the Law Library of Congress.

Nicolas and I had an immediate affinity, thanks in large part to a shared knowledge of French as well as a shared interest in history and comparative law.

But beyond these superficial points in common, I was immediately struck by Nicolas’s kind and easy-going manner. There was nothing remotely self-involved or arrogant about him, an often rare quality in our chosen profession, sadly. He was the kind of boss from whom the expression “my door is always open” never sounded like a cliché, who would answer any question, no matter how frivolous it might seem, without condescension or snark. And most importantly, he seemed to take a genuine interest in ensuring the Law Library interns were integrating well with the rest of the office and making the most of their sojourn in D.C.

His is a great loss to the Law Library.

Jennifer Davis, collection manager, Global Legal Collections Directorate:

Nicolas will be missed for his kindness and good humor. He was committed to his collections work and a pleasure to work with on acquisitions; he was always willing to step in to help when assistance was needed.

Angela Kinney, chief, ALAWE Division of Library Services:

Nicolas’s love of the Library of Congress and of France was obvious in the way he approached his work with passion and seriousness. We will miss seeing him at work, and take comfort in having known someone so genteel and warm of spirit.

Erika Spencer, reference specialist, France, European Reading Room:

It is rare that someone possesses such professional expertise and at the same time exudes the warmth and eagerness to help that Nicolas showed to all he met. It seems to me that Nicolas was a deeply philosophical man. He was incredibly brave and present in facing his life during these last very painful months. He will be greatly missed.

Monique Graham, head of Benelux, France, and Italy (BFI) acquisitions section:

I recall my last meeting with Nicolas this past summer when the BFI Section vendors were in town for ALA. Our French law books vendor was at the meeting and Nicolas spoke about his illness with such calmness and peace and I thought, this is a very brave man. I remember the sadness I felt when he told us that his son Thomas was only three. He mentioned that he was planning a trip with his family to France in August to say his goodbyes. Unfortunately, he had to postpone it until September due to some medical treatments. I never got a chance to ask him if he went but I know he had a very fond place in his heart for France. Whenever he came to the BFI Section to review the LAW receipts he was always happy and you could tell he really loved his job. I know that it is extremely hard on his family and I wish them all my deepest condolences. 

Donna Sokol, program management specialist, Library of Congress Internship and Fellowship Programs office:

Nicolas was always smiling. He loved being a father and beamed with pride when he told us about the birth of his son, Thomas. At our morning catch-ups at the tea kettle, he reported on his son’s milestones, shared his latest woodworking project, and talked about his travels and life in France. We will miss his gentle nature and collegiality.

Mirela Savic-Fleming, special assistant to the Law Librarian of Congress:

I used to tease Nicolas that after three years of seeing him in the office every day, I was still waiting for a day when he would appear in my doorway in a grumpy mood. “Why would I do that,” he joked, “when I can show you Thomas’s newest photo and tell you how much fun we had yesterday.” He loved talking about his family, and I loved hearing his stories. He will be missed very much.

Elizabeth Osborne, chief, Law Library Public Services Division:

I enjoyed running into Nicolas and chatting as the kettle boiled. He was always eager to pull out his phone and share photos of his son. He was kind, curious, and funny.

Robert Brammer, chief, Law Library Office of External Relations:

I will remember Nicolas as someone who had many interests and who was always interested in learning something new. I enjoyed talking with Nicolas about historical laws that he had come across during his research, as well as his many interests outside of work. He was passionate about flight simulators, martial arts, and even woodworking. He showed me some photos of some projects he was working on, and I remember that he built a toy chest for his son, Thomas. My grandfather built a similar toy chest for me, so that conversation stayed with me. He will be missed.

Congress.gov uses an iterative design process to get new features and enhancements to you quickly. With the January release Robert shared that member remarks are now included with sponsored and cosponsored legislation on member profile pages. With today’s release, we build on that by adding an option to customize what you want to receive in your member alert. Previously, you could get an alert on a member that would send an email every time a member sponsored and cosponsored new legislation. Now you have the option to include the member remarks in the Congressional Record in your email alerts. You can choose any or all of the three options to be included.

Enhancements

The February Congress.gov enhancements include the following:

Enhancement – Member Alerts – Member Remarks

• When setting up a new alert from a Member Profile page, you can choose to receive an email when new Member Remarks in the Congressional Record have been added to Congress.gov.
• Go to your alerts page to add this option to existing Member alerts by using the Edit Alert link.

Congress.gov Tip

Committee alerts and bill alerts can also be customized similar to today’s update for member alerts. There are many alert options available from Congress.gov.

Most-Viewed Bills

The following are the most-viewed bills for the week of February 12, 2023.

1. H.Con.Res.9 [118th] Denouncing the horrors of socialism. 2. 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. 3. H.R.2617 [117th] Consolidated Appropriations Act, 2023 4. H.R.5376 [117th] Inflation Reduction Act of 2022 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

Have any thoughts on Congress.gov? Are there enhancements you would like to see? Please leave a comment below or share your feedback.

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 Law Library of Congress is proud to present the report, Asylum Application Processes.

This report surveys the asylum application processes, in particular, processes involved in
determining whether an asylum seeker is in need of international protection, in nine selected
jurisdictions, namely, Canada, Germany, Italy, Malta, Portugal, Sweden, Turkey, the United
Kingdom (UK), and the European Union (EU).