French Patent Cases in English

Véron & Associés, a French patent litigation firm, maintains a database of  French patent court opinions translated into English. The judgments are from Parisian district courts, court of appeals, and the Cour de Cassation.  Years of coverage are 2001 through 2012. The quality of the translations is excellent, preserving the substance of the legal holdings without sacrificing readability. They also provide copies of the original French language opinions.

French Patent Case Law in English:
http://www.frenchpatentcaselaw.info/
http://www.veron.com/en/FPCL.asp

Hat tip to Jean Gasnault

Stanford’s China Guiding Cases Project

On December 20, 2011, the Supreme People’s Court of the People’s Republic of China released its first batch of guiding cases (指导性案例).  This happened slightly more than a year after the Court issued the Provisions of the Supreme People’s Court Concerning Work on Guiding Cases (最高人民法院关于案例指导工作的规定) in November 2010.

The first batch of guiding cases consists of two civil cases and two criminal cases.  The China Guiding Cases Project (CGCP), an initiative of Stanford Law School founded by Dr. Mei Gechlik in early 2011 and advised by leading experts including justices from the U.S. Supreme Court and China’s Supreme People’s Court, is pleased to release its translation of 王志才故意杀人案 (WANG Zhicai, an intentional homicide case) (Guiding Case No. 4) (attached).

About the CGCP

The CGCP aims to advance knowledge and understanding of Chinese law and to enable judges and legal experts both inside and outside of China to contribute to the evolution of Chinese case law through ongoing dialogue on the guiding cases. The CGCP intends to make these cases quickly and easily accessible to English-speaking audiences outside China on its searchable website http://cgc.law.stanford.edu.  Visitors to the website will be able to post their thoughts about the cases and commentaries in Chinese and English, while “Question and Answer” sessions will permit readers and commentators to have more in-depth dialogues, again in Chinese and English.

To mark this historical moment in the development of the Chinese legal system, the CGCP will take the following steps this month:

Launch the CGCP website (http://cgc.law.stanford.edu) on Monday, January 9, 2012.  Translations of the other three guiding cases will be available then.  In addition, Judge JIANG (Michael) Heping, Chief Judge of the First Civil Division of the Dongguan Municipality No. 2 People’s Court in Guangdong Province, has contributed to the CGCP a commentary on Guiding Case No. 2.  Judge JIANG’s court has been identified as a Court for National ADR Initiatives by the Supreme People’s Court.  The Chinese and English versions of Judge JIANG’s commentary will also be posted on the CGCP website.
Hold a public event on Wednesday, January 18, 2012, 12:45 – 2 p.m., at Stanford Law School.  Dean Larry Kramer will commemorate the official launch of the CGCP and the public release of our official products.

To keep abreast of CGCP announcements and updates, please subscribe to the China Guiding Cases Project mailing list by visiting https://mailman.stanford.edu/mailman/listinfo/chinaguidingcasesproject.  Just enter your email address in the space provided and then click “Subscribe”.

The CGCP Team
Stanford Law School

Release of Initial Guiding Cases from the Supreme People’s Court of China

The Supreme People’s Court (SPC) of  China has released its first four guiding cases : two contract law and two criminal law cases.

上海中原物业顾问有限公司诉陶德华居间
Shanghai Zhongyuan Property Consultants Ltd. v. De-Hua Tao
This is a contract law opinion.

吴梅诉四川省眉山西城纸业有限公司买卖
Wu Mei v. West Side Paper Co., Ltd. Sichuan Meishan
Also a contract law case.

潘玉梅
Panyu Mei, Ning Bribery Case

王志才故意杀人案
Wang Intentional Murder Case

The SPC statement explaining the concept of guiding cases and links to the four cases in Chinese is available at :
http://www.chinacourt.org/html/article/201112/21/472164.shtml

The court announcement and additional information in Chinese can be found at:
http://www.court.gov.cn/xwzx/fyxw/zgrmfyxw/201112/t20111220_168538.htm
http://www.court.gov.cn/xwzx/jdjd/sdjd/201112/t20111220_168539.htm.

Stay tuned to Legal Research Plus for news about English translations and commentary on the initial batch of SPC Guiding Cases.

 

Finding History in a Drawer

In 1875, a jury committed Mary Todd Lincoln to an insane asylum.  This week, the Chicago Tribune reported that two Illinois State Supreme Court justices discovered her trial papers still on file with the Cook County Clerk!  The Clerk’s Office will be donating them to the Lincoln museum, but we hope the story does not end there.  Like many others, we’ve previously posted about the cultural heritage reflected in state court files.  Some of the stories told in these documents are historically significant, like Mary Todd Lincoln’s commitment, or John Wesley Hardin’s murder trial (see this Texas Task Force report).  Many stories, however, are just minor threads in life’s tapestry: divorces, probates, business disputes.  Whether the story is big or small, the court records that tell it may be irreplaceable.

Each state’s preservation rules differ.  Some place the retention determination in the hands of state libraries or archives, some issue mandatory retention schedules based on the nature of the action, and some afford the clerk of court discretion to dispose of files after prescribed time periods.  Even if a clerk of court wanted to save everything, storage expenses and space constraints make this impossible.  The costs of digitizing every paper record are prohibitive.  As cultural institutions may not be interested in less noteworthy files, many are noticed for destruction.  Provided that a state’s rules allow it, however, law libraries may be uniquely positioned to rescue these files — preserving not just the documents, but also state history.  And if you spend some time digging through them all, you never know just what you might find…

Becoming the “compleat lawyer” the Aldisert way

From time to time I will get a call or e-mail from a proud parent whose son or daughter has been admitted to Stanford Law School.  The parent wants my advice on a book for their accomplished child to read upon the beginning of their new-found career.  A wonderful book has just come along which fits the bill perfectly:  Judge Ruggero Aldisert’s A Judge’s Advice: 50 Years on the Bench.

This slender volume packs a lot of punch.  In less than 250 pages the judge offers answers to questions that have occupied his thoughts for decades:  : “What is the bedrock of our common law system? What are trial and appellate judges really looking for? What is the logical configuration that is absolutely necessary in any legal argument? What practical challenges do judges face when deciding a case? What is the difference between the philosophy of law and a philosophy of law? What is the difference between a judge making a decision and a judge justifying it, and why does that difference matter to me?  Precedent in the law: When do you kiss it and when do you kill it?”

The judge organizes his thoughts among the following five themes:

  • Our Common Law Tradition: Still Alive and Kicking
  • Logic and Law
  • Avoiding Assembly Line Justice?
  • The “Write Stuff”
  • How Judges Decide Cases

And within these themes are found the following chapters:

The house of the law — The role of the courts in contemporary society — Precedent : what it is and what it isn’t, when do we kiss it and when do we kill it? — Elements of legal thinking — Logic for law students : how to think like a lawyer — Formal and informal fallacies — State courts and federalism — Life in the raw in appellate courts — “The seniors” suggest a solution — Brief writing — Opinion writers and law review writers: a community and continuity of approach — Reading and evaluating an appellate opinion — Philosophy, jurisprudence and jurisprudential temperament of federal judges — Making the decision — Justifying the decision.

While I know that all law students would benefit greatly from reading this book, when I first saw it our international students immediately came to mind as no other single volume that I am aware of so neatly and clearly explains the American legal system.  This book explains stare decisis better than anything else available.

Judge Aldisert writes about his particular passion — the law — with an enthusiasm that is almost exhausting.  Through this book the law student can get a glimpse of just how enormously satisfying the next 60 or 70 years of his or her life can be.

As the judge states in his Introduction:  “. . . These pages flesh out the instruments and implements of lawyers with a far-ranging ‘view from above’ with one objective in mind: to enrich the skills of these men and women so that each may bear — to borrow from Izaak Walton’s The Compleat Angler — the noble title of ‘compleat lawyer.’

This book really should be required reading for all law students, lawyers and others too.  Judge Aldisert is one of my heroes, along with others who inspire me such as Roger Ebert, Vin Scully, Tony Bennett and Keiko Fukuda (Google her)  — people who, while they may have stopped buying green bananas, they have not stopped working and never will.  These are people who make no distinction between work and play and who will be carried off the job feet-first.  They know the secret.   People who I want to be like when I grow up.

Full disclosure:  I was first charmed by Judge Aldisert when I met him during my daughter’s clerkship for him.

The Existential Exercise of Finding State Court Materials Online

Recently, we’ve had the opportunity to explore the online availability of state superior court filings, both through commercial retrieval services (such as Lexis’ CourtLink or Westlaw’s CourtExpress), and the superior courts’ own websites.  Sites like Justia are also incredible resources for obtaining select trial court documents, but our project instead examined more standardized provision of dockets and filings.

Having wrapped up this undertaking, we thought it would be useful to share our reflections.  First, a quick caveat about what this project did not involve. We were not comprehensively indexing document availability in every U.S. county, or even in all fifty states.  Rather, we examined selected states and counties, based mainly on population size.  In addition, though we are aware of various existing studies and compilations documenting the availability of state court records, we wanted to look behind some of these reports.  As we often found, a commercial retrieval service’s representation that the “civil filings are available” did not mean all filings on all matters.  Moreover, in a world of ever-changing court websites and eFiling programs, existing studies unfortunately have a somewhat limited shelf life.

So, with those disclaimers in mind, we are excited to share how floored we were by the disparities in the online provision of state court dockets and pleadings!  Here are a couple of observations:

I.          Commercial Services (e.g. CourtLink and CourtExpress)

  • Sometimes, one can get little for one’s money.  The commercial services’ promotional materials are sometimes misleading if you want to retrieve filings.  For instance, their coverage charts could indicate that dockets from Shawnee County, Kansas are available, but one can’t actually retrieve the dockets online; they are “available” only in the sense that one can make a request online (and pay additional money) to have a runner pull them from the court.
  • Another drawback was the infrequency with which commercial services updated their state trial court dockets.  Even if one clicks a button to manually update a docket, this does nothing if one is attempting to do so within the long stretches between docket captures.  (Commercial services capture docket snapshots only every 45 or 60 days, meaning that even if one tries updating in an intervening period, one really isn’t getting any newly-added information.)
  • We also found that, while commercial services often capture federal dockets and filings from PACER indiscriminately, their state court coverage is extraordinarily selective.  They often choose cases based on subject matter cachet, or the perceived needs of their customers.  If you want documents from a run-of-the-mill breach of contract case, you might be out of luck.
  • Don’t try this at home if you want to conduct empirical analysis!  What isn’t available through commercial services significantly constrains research, but what hinders research even further is the inability to determine what isn’t available. How can one properly evaluate, for example, filings in a given jurisdiction when it is unclear what hasn’t been made available for searching?

II.        Publicly-Available Court Websites

  • A trial court’s offering of documents online is not necessarily a question of whether the court sits in a county wealthy enough to provide them.  For example, the superior court in Cincinnati, OH (sitting in Hamilton County) offers document access online, but San Diego County does not.  And one can view civil dockets from Dallas, TX, but not from Denver, CO.  There seems to be something other than wealth or the political inclinations of the jurisdiction at play.  Perhaps it is a matter of prioritization by the state legislature or judiciary, or maybe even the serendipity of having companies nearby that can get databases up and running.  Certainly, jurisdictions with well-established eFiling programs have a leg up on putting documents online; but, even in jurisdictions with eFiling in place, it is not always the case that dockets—let alone documents—can be retrieved on the Web!
  • The quality of available dockets varies dramatically because state court clerks exercise no uniformity in document description.  It is difficult to compile a collection of complaints if various clerks label documents “pleading” or “misc. filing.”
  • Navigational problems can leave you lost at sea.  We spent a lot of time fumbling our way around some of these sites.  One wonders if it is truly “access” to records if one needs a vacation after trying to find them.

At the end of the day, we found too many gaps in coverage for anything to be considered “consistently” available online.  One first step in measuring the parameters of these disparities would seem to be a county-by-county analysis of which trial courts in which states provide online access to dockets and/or filings—either through commercial services or their public websites.  Surveys like the McCormick Tribune Foundation’s comprehensive 2007 assessment, or the commercial services’ coverage charts, are great first steps—but additional testing is required, particularly to keep such studies current.

Free and really good information from Justia – daily opinion summaries; weekly practice area summaries

Our friends at Justia sent an e-mail to law-lib about their new free case summary service.  Since all the world doesn’t read law-lib, I’ve pasted below Tim Stanley’s exciting  announcement.  I’ve signed up for the FREE (my favorite word) service, and it’s a terrific tool for keeping up with decisional developments both by specific court and also by subject matter.  I’m going to encourage all of my students to sign up too, especially those who want a judicial clerkship, as this is a nifty tool for students to learn about very recent decisions from the judges with whom they are interested in seeking interviews and positions.

Here’s Tim’s e-mail:

 

Hi All,

Justia would like to introduce our new Free Daily Opinion Summaries service.

We will be writing daily summaries for the Federal Appellate Courts
and selected state supreme courts (eventually we will add them all).
You can subscribe to the summary emails at:

     http://Daily.Justia.com

We will also be sending out weekly practice area summaries emails that
will include all of the summaries for all courts we wrote that week in
the legal practice area.

Here are some examples from last week:

U.S. 9th Circuit Court of Appeals:    http://j.st/ost

Environmental Law Weekly Summaries:    http://j.st/osv

If you have any suggestions for layouts, additional courts or practice
areas, please let us know. The current courts and practice areas we
cover are:

DAILY COURT SUMMARIES

U.S. Federal Courts: U.S. Supreme Court and the Federal, D.C., 1st,
2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th Circuit Courts of
Appeals

U.S. State Top Courts: Arizona, Arkansas, California, Connecticut,
Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas,
Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Missouri,
Nevada, New York, Ohio, Pennsylvania, South Carolina, South Dakota,
Texas, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming

And a few other courts like the Delaware Court of Chancery. We will be
adding more state courts in the near future. The full continuously
updated list is at http://Daily.Justia.com

WEEKLY PRACTICE AREA SUMMARIES

The weekly practice area opinion summaries, include all of the
summaries for all courts we wrote that week in the legal practice
area, are provided for the following:

Admiralty & Maritime Law, Aerospace/Defense, Agriculture Law, Animal /
Dog Law, Antitrust & Trade Regulation, Arbitration & Mediation,
Aviation, Banking, Bankruptcy, Business Law, Civil Rights, Class
Action, Commercial Law, Communications Law, Constitutional Law,
Construction Law, Consumer Law, Contracts, Copyright, Corporate
Compliance, Criminal Law, Drugs & Biotech, Education Law, Election
Law, Energy, Oil & Gas Law, Entertainment & Sports Law, Environmental
Law, ERISA, Family Law, Gaming Law, Government & Administrative Law,
Government Contracts, Health Law, Immigration Law, Injury Law,
Insurance Law, Intellectual Property, International Law, International
Trade, Internet Law, Juvenile Law, Labor & Employment Law, Landlord -
Tenant, Legal Ethics, Medical Malpractice, Mergers & Acquisitions,
Military Law, Native American Law, Non-Profit Corporations, Patents,
Products Liability, Professional Malpractice & Ethics, Public
Benefits, Real Estate & Property Law, Securities Law, Tax Law,
Trademark, Transportation Law, Trusts & Estates, Utilities Law, White
Collar Crime, Zoning, Planning & Land Use,

If you have other practice areas you would like us to break out, let
us know. We are not against adding some more as long as there are
enough opinions in the area and it does not nearly overlap one of the
above.

You can see the current list of courts and practice areas (in a
readable table format) at http://Daily.Justia.com

Again it is totally free :)

Peace,

Tim

————————————————————
Timothy Stanley                       . . .

Legal Research Methods in a Modern World: A Coursebook

Together with my Stanford Law School colleague George D. Wilson and our friend and Danish legal scholar Henrik Spang-Hanssen, we have just published the third edition of our legal research book, a revision of Legal Research Methods in the U.S. and Europe, 2nd Edition.  But with the inclusion of short but good (in my opinion) chapters on legal research in China and Russia and some other materials, we have changed the title to Legal Research Methods in a Modern World: A Coursebook.

The book, now weighing in at 453 pages (and bargain priced at $ 55.00), is rich with illustrations and peppered with legal research tips.  My contribution is mainly Chapter 5, about legal research methods in the United States, and it is based upon and follows the advanced legal research class that I co-teach here at Stanford.  New to this edition, in addition to other updates, is the inclusion of research exercises that we have found most useful from the class.  I did not include the answers — because I hope to continue to use these exercises — but I would be very happy to share the answers and my thoughts on approaches with other instructors of legal research.

The legal world is certainly getting smaller, and it is our shared belief that this would be handy book for any attorney to have as he or she deals with lawyers from other countries and their legal cultures.

The book should be available from Amazon.com; but if not, or if you want to order copies in mass quantities, the U.S. distributor is International Specialized Book Services.  For other countries, the distributor is Marston Book Services.

We also have a corresponding website here.

“Abandoning Law Reports for Official Digital Case Law”

“Abandoning Law Reports for Official Digital Case Law” 

Cornell Legal Studies Research Paper No. 11-01
PETER W. MARTIN, Cornell Law School
In 2009, Arkansas ended publication of the Arkansas Reports. Since 1837 this series of volumes, joined in the late twentieth century by the Arkansas Appellate Reports covering the state’s intermediate court of appeals, had served as the official record of Arkansas’s case law. For all decisions handed down after February 12, 2009, not books but a database of electronic documents “created, authenticated, secured, and maintained by the Reporter of Decisions” constitute the “official report” of all Arkansas appellate decisions.
 
The article examines what distinguishes this Arkansas reform from the widespread cessation of public law report publication that occurred during the twentieth century and this new official database from the opinion archives now hosted at the judicial websites of most U.S. appellate courts. It proceeds to explore the distinctive alignment of factors that both led and enabled the Arkansas judiciary to take a step that courts in other jurisdictions, state and federal, have so far resisted. Speculation about which other states have the capability and incentive to follow Arkansas’s lead follows. That, in turn, requires a comparison of the full set of measures the Arkansas Supreme Court and its reporter of decisions have implemented with similar, less comprehensive, initiatives that have taken place elsewhere. Finally, the article considers important issues that have confronted those responsible for building Arkansas’s new system of case law dissemination and the degree to which principal components of this one state’s reform can provide a useful template for other jurisdictions.

The Cost of Judicial Citation: An Empirical Investigation of Citation Practices in the Federal Appellate Courts

From the just-received Volume 2010, Issue 1, Spring University of Illinois Journal of Law, Technology & Policy, at page 51:

The Cost of Judicial Citation: An Empirical Investigation of Citation Practices in the Federal Appellate Courts

by Casey R. Fronk

Abstract:

Since the early 1960s, computerized legal research technology has enabled judges and their law clerks to access legal information quickly and comprehensively. Particularly for appellate judges, who rely on wide-ranging legal research when writing opinions, this technological change has had special resonance. This Article attempts to quantify the effects of computer- assisted legal research on the federal judiciary by empirically analyzing citation patterns over the past fifty years. The results of this analysis suggest that the digitization of legal research has had statistically significant effects on the amount and style of citation in judicial opinions. Although the average number of cases cited in opinions has doubled between 1957 and 2007, the number of cases cited only in string citations has decreased by nearly the same percentage. This Article argues that such results can be explained by a basic economic theory of judicial citation in which judges respond to the decreasing cost of opinion production by discarding string citation for more effective communicative techniques.

Conclusion:

This Article proposes that a simple microeconomic approach can describe judicial citation practices over the last fifty years.  It provides empirical evidence that judges use citations in part as a communication device, and that the cost of legal research is intimately connected with the effectiveness of this communication (and therefore with judicial citation patterns).  The empirical results in this Article not only demonstrate the effectiveness of the microeconomic approach in describing  judicial opinion style, but also provide a foundation for future research into the effects of judicial ideology on citation practices.