Saturday, July 28, 2012


I. Introduction This research guide is an introduction to the basic legal materials of modern English law (see English Legal History for historical research). This research guide applies only to the law of England and Wales. Scotland and Northern Ireland have separate court systems, which, while similar, are not identical. This guide does not include information on European Community law, which may be binding on English courts. For guidance with researching EU law, see the European Union research guide. If you are beginning a comprehensive legal research project, refer to the sections of this guide that describe secondary sources first (e.g., sections IX through XI). Some comparative notes to remember: 1. There is no written English constitution (i.e., there is no one single document called the constitution); "constitutional law" concerns issues such as the role of the state, the protection of individual rights, etc. (see e.g., Anthony King, The British Constitution, KD3989 .K56 2007). 2. There is no official codification of English statutes. 3. Any statute passed by Parliament is by definition valid and not subject to review by the courts. Thus a statute's "constitutionality" is not an issue a court can address; Parliament alone may act to change a law. II. Structure of the English Court System Law Structure in the United Kingdom The chart above shows a simplified version of the English court system. The Appellate Committee of the House of Lords was the final court of appeal for civil and criminal cases from England and Wales until October 2009, when the Supreme Court replaced it as the highest court in the United Kingdom. The Court of Appeal in both its civil and criminal divisions has only appellate jurisdiction, while the High Court of Justice and the Crown Court have both appellate and original jurisdiction. They will hear on original jurisdiction civil and criminal cases considered too serious to be heard by either the Magistrate's Courts (criminal) or the County Courts (civil). The English Legal Process by Terence Ingman, 13th ed. (KD7111 .I53 2011) provides a detailed discussion of the organization and procedure of the courts. Back to top III. Statutes English statutes have never been officially codified. There are, however, unofficial publications that organize by subject the statutes currently in force. These are discussed below. Airports Authority Act, 1965 (Eng.) is typical statute cite. Until 1963, statutes were cited by regnal year rather than calendar year. Thus, you might see a citation such as 5 Eliz. 2, c.3, referring to the third act passed during the fifth year of Elizabeth II's reign. The English Legal History will help you find older statutes. Since 1831 Her Majesty's Stationery Office (H.M.S.O., now the Office of Public Sector Information) has published the official version of the statutes as Public General Acts and General Synod Measures (KD124 .P83). The law library began receiving these in 1952. These are the equivalent of our session laws. They are compiled every year; before that they are available in slip law form. Access is through the Index to the Statutes in Force. The Public General Statutes and The Public General Acts (KD124 .P82), published by the Incorporated Council of Law Reporting, contain acts passed between 1866 and 1951 (both sets are marked Law Reports: Statutes on the spine). Current Law (KD296 .C82) also contains summaries of recent statutory developments, arranged by subject. The official publication Statutes in Force (KD132 .S72 and Microforms Room) contains all statutes in force from 1235, in subject order along with their amendments. Statutes in Force has not been updated since 1992, and while it should not be used to look for current statutes, it is still useful for historical research. There is an index for each subject as well as a general index. The previous edition, Statutes Revised, 3rd ed. (KD130 .S72), contained legislation in force as of 1948. The UK Statute Law Database (SLD) is the official revised database of UK legislation; the text of legislation is derived from these two publications. The SLD contains legislation in force on February 1, 1991, and all Acts passed since then, in their latest revised form. Index to the Statutes (KD142.4 .I52), which covered the period 1235 to 1990 (when publication ceased), and Chronological Table of the Statutes (KD142.3 .C47), which covers the years 1235 to the present, are meant to be used with Public General Acts and Measures and Statutes in Force. The Chronological Table of the Statutes indicates repeals and amendments. There are also several commercial versions of the statutes that are organized by subject. The best of these is Halsbury's Statutes of England and Wales (KD135 .H3 4th), currently in its fourth edition. It contains the text of virtually all English statutes still in force. It is annotated with case decisions, and statutory instruments (similar to regulations), and includes references to Halsbury's Laws of England (see below under Encyclopedias). It is updated between editions. Halsbury's Statutes Citator (KD135 .H35) and Current Law Statute Citator (KD296 .C8322) list repeals and amendments to statutes. Current Law Statute Citator includes citations to cases which have interpreted the legislation. Public general acts currently in force are also on LexisNexis (ENGGEN;STAT) and Westlaw (UK-ST). The Westlaw database United Kingdom Legislation Locator (UK-LEGISLOC) provides links to citing cases and secondary sources. There are two government statutory databases on the web. The Office of Public Sector Information contains unamended texts of primary and secondary legislation passed since 1988. Some legislation made from 1837-1987 has been added as well. The UK Statute Law Database (SLD) is the official database of updated UK legislation in its latest revised form (i.e., with amendments to legislation within the text. The SLD contains the texts of all Acts that were in force on February 1, 1991, and all Acts passed since then. Section 3.1 of A Guide to the UK Legal System provides advice on finding English legislation. Craies on Legislation: A Practitioners' Guide to the Nature, Process, Effect and Interpretation of Legislation, 9th ed. (KD691 .C73 2008) is a standard text on English statutes and statutory interpretation. For the treatment of statutes in cases (beginning in 1947) check Current Law Statute Citator (KD296 .C831) which also lists amendments to the statutes. Once you have selected and found a statute in Westlaw, to find related acts and cases citing your statute, click on the "Links for" tab in the left frame and then choose "Analysis." While Lexis doesn't have a comparable feature, searching in the case law or statutory databases with the name of the statute may lead to cases and other statutes that refer to your statute. Back to top IV. Statutory Instruments Parliament may delegate to another authority the power to make rules and regulations in an area where Parliamentary language is general. These rules have the force of law and are called statutory instruments. They may also be referred to as delegated or subordinate legislation. (These instruments are similar to the federal regulations promulgated by executive departments and agencies of the U.S. Federal Government.) Statutory Instruments (KD166 .A3) are published annually. The index to this set is the biennial Index to Government Orders (KD170 .I52). Halsbury also publishes cumulations of selected statutory instruments of general application in Halsbury's Statutory Instruments (2d Re-issue) (KD173 .H3). Recent statutory instruments are summarized in Current Law (KD296 .C82). You can also find current general (not local) statutory instruments on LexisNexis (ENGGEN;SI) and Westlaw (UK-SI). They are available on the web beginning in 1987 at the Office of Public Sector Information and in the UK Statute Law Database. From the advanced search option, select "Statutory Instruments (UK)" or browse by selecting "UK Statutory Instruments" from the dropdown menu under "Type." Back to top V. Case Law Pre-1865 Law Reports English case reporting can be divided into two main periods, before and since 1865. Until 1865 there was no sanctioned reporter for English cases. Instead, commercial reporters published their own series, many of which consisted of only a few volumes, and which varied greatly in quality. The English Legal History research guide will help you find earlier cases, beginning in the Middle Ages. Law Reports since 1865 In 1865 the Incorporated Council of Law Reporting was formed to produce a quasi-official version of reports, the Law Reports. Originally there were eleven series of reports. Now, due to court reorganization, there are four series: Appeal Cases, Queen's Bench Division, Chancery Division and Family Division. You should cite cases to Law Reports (Bluebook, T2.42). Be aware that citations to these series refer only to the series abbreviation, and do not indicate that they are part of the Law Reports (e.g., Weston v. Remington, 1986 A.C. 135 is a citation to the Appeal Cases series of the Law Reports). Law Reports are available in Lexis (ENGGEN;ICLR) and Westlaw (UK-RPTS-ALL). Appeal Cases (KD275.4 .L38) includes the reports from the House of Lords, the Judicial Committee of the Privy Council (a special court which prepares advisory opinions for the Queen), and Peerage Cases. Queen's Bench Division (KD277.7 .L38) contains the cases decided in the Queen’s Bench division of the High Court of Justice and appeals from there to the Court of Appeal, and cases in the criminal division of the Court of Appeal. (This set is called "King's Bench" when a king is on the throne of England.) The reporters from the Chancery (KD 276.3 .L38) and Family (KD279.3 .L38) divisions contain cases in those courts and on appeal therefrom. The Weekly Law Reports (KD282 .W33) is another series published by the Incorporated Council. Weekly advance sheets are cumulated into three bound volumes each year. The cases in volumes 2 and 3 are generally reprinted in the Law Reports. (The first volume of the Weekly Law Reports contains cases considered to be less important.) The Weekly Law Reports have the advantage of currency; it can take up to two years for a case to appear in the Law Reports. Some reporter series other than the Law Reports were still published after 1865, including: Law Journal Reports (1822-1949) (KD288 .A22), Times Law Reports (1884-1952) (KD288 .A5) and Law Times Reports (1843-1947) (1843-1859, Level 4; 1860-1947, KD288 .A34). Currently only one set, All England Law Reports (1936- ) (KD288 .A64) is still published. This incorporates the Law Journal Reports and the Law Times Reports. It is not wholly duplicative of the Law Reports and its headnotes are considered to be more helpful than those in the Law Reports. Weekly advance sheets are also issued. In addition to the general series of law reports, there are commercially published reporters containing cases in a specific subject area. Examples include Criminal Appeal Reports (KD7865 .A2 C7), Lloyd's Law Reports (KD1815 .A2 L56), and Ryde's Ratings Cases (KD5534 .A51). The online catalog will indicate whether the library receives a set of reports and its call number. In addition, many English cases from 1558 to the present, along with selected unreported transcripts of decisions in the major courts from January 1, 1980, are available on LexisNexis (ENGGEN;CASES). The UK;ALLCAS database includes reported cases from Scotland (1982-) and Northern Ireland (1945-) as well. The analogous Westlaw database (UK-RPTS-ALL) contains English reports from 1865 to the present; Westlaw also contains transcripts of decisions since 1999 (UKL-RPTS). English cases are also published on the web. House of Lords cases decided from 1996-2009 are available, and the Supreme Court website provides information about pending and decided cases. The judiciary website makes selected judgments available, as well as the British and Irish Legal Information Institute website. The Times Online publishes legal news along with the full text of selected judgments. Back to top VI. Digests There are a number of English digests, but the most useful and comprehensive is The Digest (called The English and Empire Digest until 1981) (KD296 .E52 1971), which covers cases from the Yearbooks to the present. Cases are arranged in classified order under broad subject headings and then chronologically within each topic. Each case is assigned a number that can be used to trace the later treatment of that case (thereby allowing The Digest to be used as a citator). The digest's organization is similar to that of Halsbury's Laws of England (see below under Encyclopedias). Each volume has its own index and there is a two-volume general index of subjects and of words and phrases. The third (or green band) edition of The Digest is the most current. In some instances an older case may not be in the current digest. You may find it by checking one of the older editions. Like its American counterparts, The Digest has Tables of Cases volumes allowing you to find a case if you know it by name and do not have a citation. It will refer you to the correct volume of The Digest which will then provide the full citation for the case. Back to top VII. Updating Cases/Citators To get information in Westlaw for English cases similar to that which you would find in Shepard's or KeyCite for U.S. cases, there are several paths that lead to the same result. After pulling a case (either by citation or searching for it in the UK-CASELOC database), click on the blue "History" link at the top of the page or the "Links for" tab in the left column. Each method will lead to different parts of the same document. However, this feature is available only for cases in reporters that are included in the Westlaw databases. Lexis doesn't have a comparable feature, but once you have identified a case, you can try searching in the case databases with the name of the parties to find other cases that refer to your case. (Restricting the search by date will help to limit results to cases that followed your case.) The closest print equivalent to Shepard's is the Current Law Case Citator (KD296 .C84) which traces the subsequent history and treatment of cases since 1947 (note that cases are listed alphabetically, rather than by citation as in Shepard's). For the history and treatment of cases prior to 1947, check The Digest (KD296 .E52 1971). The article by Stephen E. Young, Shepardizing® English Law, 90 Law Libr. J. 209 (1998), explains in detail how to use print citators for cases and statutes. For information about citators generally, see the Using Citators Research Guide. Back to top VIII. Treaties British treaties and agreements of international effect (including unratified treaties) are published as Command Papers, all of which appear in State Papers, the bound volume of Parliamentary Papers for each session. Treaties are indexed in the monthly and annual lists of government publications of Her Majesty's Stationery Office (now the Office of Public Sector Information). Ratified treaties, and most of the agreements and exchanges of notes, are numbered within the Treaty Series (KZ635.3 .T74), in which a new numbering commences every year. The complete set of Command Papers is available at Perkins Library. For more information on the Command Papers see the Perkins Library's British Parliamentary Papers Research Guide. Back to top IX. Encyclopedias & Dictionaries Halsbury's Laws of England (KD310 .H34 2008), currently in its fifth edition, contains many of the elements of the American law dictionary, encyclopedia, digest and treatise. It is a complete narrative statement on the law of England, which has been culled from many sources, including the ancient common law, case law, statutory law and instruments, European legislation and treaties. It is supplemented by monthly current service, annual supplements, new additional volumes and an annual abridgement volume (KD296 .H34). The arrangement of the set is under title headings in alphabetical order. Means of access is through an index volume. It is an excellent resource and a recommended starting point for any UK legal research project. Two of the leading English legal dictionaries are Stroud's Judicial Dictionary (7th ed.) (Ref. KD313 .S925 2006) and Jowitt's Dictionary of English Law (3rd ed.) (Ref. KD313 .J69 2010). Both are supplemented and cite relevant statutes and cases for their definitions. The judiciary website also provides a glossary of legal terms and Latin terms used in court. Back to top X. Legal Periodicals Many English law journals are indexed in the American journal indexes: Index to Legal Periodicals, Current Law Index and LegalTrac. From 1986-1994 the library received the Legal Journals Index (Reference Indexes), which indexes all British legal periodicals. This index is now available from 1986 to present on Westlaw in the LJI database. Issues of Current Law (KD 296 .C82), both monthly and annual, also contain indexes to periodical articles. The library subscribes to most of the major English legal periodicals, and they are located on Level 4. Many are also available in LexisNexis and Westlaw. Back to top XI. Treatises The Library contains a large collection of English treatises. Most are classified under KD, and located on Level 1. To find books in the online catalog, search by subject using the topic name followed by the subdivision "Great Britain" (e.g., contracts great britain). The Library has a number of basic texts explaining the English legal system, including: Fiona Cownie, et al., English Legal System in Context, 5th ed. (KD7100 .C69 2010) Catherine Elliott and Frances Quinn, English Legal System, 11th ed. (KD662.E45 2010); updated at Gary Slapper & David Kelly, English Legal System, 9th ed. (KD661 .S52 2009). Richard Ward & Amanda Wragg, Walker & Walker's English Legal System, 9th ed. (KD660 .W34 2005) Back to top XII. Citation Form / Abbreviations Rules governing citation form for English materials are found in The Bluebook: A Uniform System of Citation at rule 20.3.1 (common law cases), 20.5.1 (statutes in common law systems), and in Table 2 (T2.42). A typical statute cite looks like this: Airports Authority Act, 1965, c.16 (Eng.). A typical case citation might look like: Smith v. Weston, (1987) 2 Q.B. 135 (if there were more than one volume of Queen's Bench reports for 1987); or: Weston v. Remington, (1986) A.C. 135 (if there were only one volume of Appeal Cases for 1986) There are several resources that explain how to cite British materials in accordance with UK conventions. The Oxford Standard Citation of Legal Authorities (OSCOLA), produced by the Oxford Law Faculty in consultation with academic law publishers, is UK resource which most closely resembles the Bluebook. Citing the Law is a tutorial that explains how to cite documents using OSCOLA. Other useful titles include Derek French, How To Cite Legal Authorities (Ref. KD400.F73 1996) (which has lists of abbreviations and regnal years), and Manual of Legal Citations (Ref. KD400 .M36 1960). Sources for abbreviations include Donald Raistrick, Index to Legal Citations and Abbreviations, 3d ed. (Ref. KD400 .R35 2008); How To Cite Legal Authorities (Ref. KD400.F73 1996) and The Cardiff Index to Legal Abbreviations. Back to top XIII. Research Guides Guy Holborn, Butterworths Legal Research Guide, 2nd ed. (Ref. KD392 .H64 2001). This very useful guide to legal research includes a section on Internet resources. Sarah Carter, A Guide to the UK Legal System [update by Hester Swift] This website has information about both print and electronic resources. John Knowles & Philip A. Thomas, Effective Legal Research (Ref. KD 392 .T484 2006). This book gives very clear and detailed descriptions of English legal materials and how to use and cite them. LawBore.Net This is a subject-orientated legal portal designed to make Internet research easier for students. Glanville Williams, Learning the Law, 13th ed. (KD442 .W54 2006). This text introduces students to legal research and other skills needed to study the law. Manual of Law Librarianship: The Use and Organization of Legal Literature (Elizabeth M. Moys ed.), 2nd ed. (Ref. KD392 .M33 1987). Designed for British law librarians, this book provides good descriptions of all types of British and Irish legal materials. Peter Clinch, Using a Law Library: A Student's Guide to Legal Research Skills, 2nd ed. (Ref. KD392.C66 2001). This book gives advice on researching the law of England, Wales and Scotland; it includes information about electronic sources. Back to top XIV. English Law on the Web Apart from the specific sites mentioned above, there are web sites with links to many sources for English legal materials. Two of the best are Lawlinks: Legal Information on the Internet from the University of Kent at Canterbury and the British and Irish Legal Information Institute web site. rev. KA/jws 01/2012 (in progress)


A local resident casts her vote at a polling station in Sandy Springs, Ga., on March 6, 2012. (Alex Wong/Getty Images)
Voter IDs laws have become a political flashpoint [2] in what's gearing up to be another close election year. Supporters say the laws — which 30 states [3] have now enacted in some form — are needed to combat voter fraud, while critics see them as a tactic to disenfranchise voters.
We've taken a step back to look at the facts behind the laws and break down the issues at the heart of the debate.
So what are these laws?
They are measures intended to ensure that a registered voter is who he says he is and not an impersonator trying to cast a ballot in someone else's name. The laws, most of which have been passed in the last several years, require that registered voters show ID before they're allowed to vote. Exactly what they need to show varies. Some states require a government-issued photo, while in others a current utility bill or bank statement is sufficient.
As a registered voter, I thought I always had to supply some form of ID during an election.
Not quite. Per federal law [4], first-time voters who registered by mail must present a photo ID or copy of a current bill or bank statement. Some states generally advise voters bring some form of photo ID [5]. But prior to the 2006 election, no state ever required a voter to produce a government-issued photo ID as a condition to voting. Indiana in 2006 became the first state to enact a strict photo ID law, a law that was upheld [6] two years later by the U.S. Supreme Court.
Why are these voter ID laws so strongly opposed?
Voting law advocates contend these laws disproportionately affect elderly, minority and low-income groups that tend to vote Democratic. Obtaining photo ID can be costly and burdensome, with even free state ID requiring documents like a birth certificate that can cost up to $25 in some places. According to a study [7] from NYU's Brennan Center, 11 percent of voting-age citizens lack necessary photo ID while many people in rural areas have trouble accessing ID offices. During closing arguments in a recent case over Texas's voter ID law, a lawyer for the state [8] brushed aside these obstacles as the "reality to life of choosing to live in that part of Texas."
Attorney General Eric Holder and others have compared [9] the laws to a poll tax [10], in which Southern states during the Jim Crow era imposed voting fees, which discouraged the working class and poor, many of whom were minorities, from voting.
Given the sometimes costly steps required to obtain needed documents today, legal scholars argue [11] that photo ID laws create a new "financial barrier to the ballot box."
Just how well-founded are fears of voter fraud?
There have been only a small number of fraud cases resulting in a conviction. A New York Times analysis from 2007 [12] identified 120 cases filed by the Justice Department over five years. These cases, many of which stemmed from mistakenly filled registration forms or misunderstanding over voter eligibility, resulted in 86 convictions.
There are "very few documented cases," said UC-Irvine professor and election law specialist Rick Hasen. "When you do see election fraud, it invariably involves election officials taking steps to change election results or it involves absentee ballots which voter ID laws can't prevent," he said.
One of the most vocal supporters of strict voter ID laws, Texas Attorney General Greg Abbott, told the Houston Chronicle [13] earlier this month that his office has prosecuted about 50 cases of voter fraud in recent years. "I know for a fact that voter fraud is real, that it must be stopped, and that voter id is one way to prevent cheating at the ballot box and ensure integrity in the electoral system," he told the paper. Abbott's office did not immediately respond to ProPublica's request for comment.
How many voters might be turned away or dissuaded by the laws, and could they really affect the election?
It's not clear.
According to the Brennan Center, about 11 percent of U.S. citizens, or roughly 21 million citizens, don't have government-issued photo ID. This figure doesn't represent all voters likely to vote, just those eligible to vote.
State figures also can be hard to nail down. In Pennsylvania, nearly 760,000 registered voters, or 9.2 percent of the state's 8.2 million voter base, don't own state-issued ID cards, according to an analysis of state records [14] by the Philadelphia Inquirer. State officials, on the other hand, place this number at between 80,000 and 90,000.
In Indiana and Georgia, states with the earliest versions of photo ID laws, about 1,300 provisional votes were discarded in the 2008 general election, later analysis [15] has revealed.
As for the potential effect on the election, one analysis by Nate Silver at the New York Times' FiveThirtyEight blog estimates they could decrease voter turnout anywhere between 0.8 and 2.4 percent [16]. It doesn't sound like a very wide margin, but it all depends on the electoral landscape [17].
"We don't know exactly how much these news laws will affect turnout or skew turnout in favor of Republicans," said Hasen, author of the recently released [18] The Voting Wars: From Florida 2000 to the Next Election Meltdown. "But there's no question that in a very close election, they could be enough to make a difference in the outcome."
When did voter ID laws get passed — and which states have the strictest ones?
The first such law was passed as early as 2003 [19], but momentum has picked up in recent years. In 2011 alone [20], legislators in 34 states introduced bills requiring voters show photo ID — 14 of those states already had existing voter ID laws but lawmakers sought to toughen statutes, mainly to require proof of photo identification.
The National Conference of State Legislatures has a helpful breakdown [3] of states' voter ID laws and how they vary.
(National Conference of State Legislatures) [3]
Indiana, Georgia, Tennessee, Kansas and Pennsylvania have the toughest versions. These states won't allow voters to cast a regular ballot without first showing valid photo ID. Other states with photo ID laws offer some more flexibility by providing voters with several alternatives.
What happens if a voter can't show valid photo ID in these states?
These voters are entitled to a provisional ballot [21]. To ensure their votes count, however, they must produce the mandatory ID within a certain time frame and affirm in person or writing they are the same individual who filled out a temporary ballot on Election Day. The time limits vary: They range anywhere from up to three days after the election (Georgia) to noon the Monday after the election (Indiana).
Are there any exceptions to the photo ID requirement?
Yes. Indigency or religious objections to being photographed. But these exceptions don't automatically grant a voter the ability to cast a regular ballot: In Pennsylvania [22] and Indiana [23], voters will be given a provisional ballot and must sign an affidavit for their exemption within the given time frame. For a more specific breakdown of all exceptions, see this state-by-state summary [24].
Why is the Justice Department getting involved in some cases?
Because of Section 5 of the Voting Rights Act [25], which requires that states with a history of discrimination receive preclearance before making changes to voting laws. Texas [26] and South Carolina [27] passed strict photo ID laws in 2011 but were refused preclearance by the DOJ, which argued that these laws could suppress turnout among minority voters.
Texas went to court [28] recently seeking judicial preclearance from a federal district court; a three-judge panel of the U.S. District Court for the District of Columbia is expected to issue a decision by the end of the summer. South Carolina [29] heads to oral arguments in the same court in September.
Are there any other legal challenges to such laws currently in the works?
The ACLU has filed a lawsuit [30] to prevent the Pennsylvania voter ID law, signed into law by Republican Gov. Tom Corbett in March, from taking effect. The lawsuit claims that elderly, disabled, low-income people and the homeless, plus married women who have changed their names, transgender individuals, and students who have photo IDs that don't list an expiration date, will find it difficult to obtain proper ID before the November election.
In the latest development, the DOJ has now launched an investigation into Pennsylvania's photo ID law. As first reported by Talking Points Memo [31], the DOJ's Civil Rights Division sent the state's chief election official a letter [32] Monday afternoon requesting 16 separate items, including the state's complete voter registration list, any documents supporting the governor's prior assurance that "99 percent" of the state's eligible voters already have acceptable photo ID, any papers to prove the state is prepared to provide registered voters with ID cards free of charge upon oath or affirmation, and any studies that inform state officials of the "demographic characteristics" of residents who lack valid voter ID.
The DOJ letter states it needs these documents within 30 days to evaluate the state's compliance with Section 2 of the Voting Rights Act [33], which forbids voting practices that discriminate on the basis of race, color, or membership in a language minority group.
Have any states attempted to enact strict voter ID laws but so far been unsuccessful?
Yes. In Wisconsin, two judges have blocked enforcement [34] of the state's photo ID law. An appeal in one case won't be heard until after the November election. Meantime, Democratic governors in Minnesota, Missouri, New Hampshire and North Carolina have vetoed strict photo ID bills [35] passed by their Republican-led legislatures last year.
Are there other voter ID laws in effect that ask for but don't necessarily require photo ID?
Yes. In these so-called "non-strict photo ID states" — Florida, Louisiana, Michigan, Idaho, South Dakota and Hawaii — individuals are requested to show photo ID but can still vote if they don't have one. Instead, they may be asked to sign affidavits affirming their identity or provide a signature that will be compared with those in registration records.
Why has there been such a recent surge in voter ID legislation around the country?
This report [36] by NYU's Brennan Center for Justice cites primarily big Republican gains in the 2010 midterms which turned voter ID laws into a "major legislative priority." Aside from Rhode Island [37], all voter ID legislation has been introduced [38] by Republican-majority legislatures.
Republican figures have championed such laws. For instance, Mike Turzai, majority leader of the Pennsylvania House of Representatives, recently praised the state's legislative accomplishments [39] at a Republican State Committee meeting last month. "Voter ID, which is gonna allow Governor Romney to win the state of Pennsylvania, done," he said.
A spokesman for Turzai, Steve Miskin, told ProPublica that Turzai was "mischaracterized" by the press. "For the first time in many years, you're going to have a relatively level playing field in the presidential elections" as the result of these new laws," Miskin said. "With all things equal, a Republican presidential nominee in Pennsylvania has a chance."
Correction: An earlier version of this story said Texas went to federal court to challenge the DOJ’s denial of preclearance. In fact, Texas filed a lawsuit seeking preclearance from the federal district court two months before the DOJ announced its decision. Also, some states require a government-issued photo that does not have to come from the federal government as first detailed.

Wednesday, July 25, 2012


Pia Akerman and John Ferguson From:The Australian July 25, 2012

Vashti Kenway
Anti-Israel activist Vashti Kenway has had a trespass charge dismissed by a magistrate and said about 200 people were  planning a 'celebratory' protest on Friday Picture: Aaron Francis Source: The Australian
THE Victorian government will investigate whether tougher legislation is needed to prevent political protests closing down businesses, after a magistrate found in favour of anti-Israeli demonstrators targeting the Max Brenner chocolate shop chain.
Premier Ted Baillieu yesterday led a condemnation of the Boycott Divestment and Sanctions campaign, as the activists plan to celebrate their court victory with another protest outside the Melbourne shop on Friday.
"The BDS group in my opinion is better titled as bigoted, dangerous and shameful," Mr Baillieu said. "They have sought to close down businesses just because they are associated with the state of Israel."
Magistrate Simon Garnett dismissed trespass charges against 16 BDS protesters on Monday, finding they had a lawful right to be in the public space outside the store, and their demonstration in July last year was also lawful and did not present a threat to public order. Mr Garnett refused to dismiss charges of assaulting, hindering and resisting police against five of the protesters, with guilty verdicts entered against some yesterday.
Mr Baillieu said he had asked Attorney-General Robert Clark to work with police to determine what action needed to be taken, refusing to rule out legislative changes to prevent a repeat of Mr Garnett's decision on the trespass charges.
"I remain very concerned when there's any protest that seeks to close down a business," Mr Baillieu said. "Certainly I believe from what I've seen (is) that (with) this particular protest that was their intention."
Chief commissioner Ken Lay said Victoria Police would also seek advice on whether to appeal against the decision, request legislative change or alter their tactics when dealing with protests, but dismissed the protesters' claims it was a landmark decision.
"I'm not seeing a decision that changes forever the way we police these particular demonstrations," Mr Lay told the ABC. "If we see businesses put at risk, if we see people's safety put at risk, we're obliged to take action."
He said preliminary advice indicated police might have undermined their case by creating a human barrier to stop the protesters entering the shop, a view echoed by the Law Institute of Victoria.
BDS campaigner Vashti Kenway, who was among the group arrested for trespass, said organisers were preparing for a celebratory protest with "a few hundred" demonstrators at the same location. "I think it would be an outrage if they tried to enact some legislative change against our right to express our political opinions in public space," she said. "The magistrate's decision was a good one and one that was a blow in the direction of freedom of speech and civil liberties."


I. Introduction

This research guide is an introduction to the basic legal materials, in print and electronic formats, for historical research of English law. If you are researching modern English law, see the English Law research guide.

II. Research Aids

A. Research Guides

Guide to Law Reports and Statutes, 4th ed. (Ref. Desk KD54 .S98 1962) includes tables of regnal years, lists of law reports (alphabetical & chronological), abbreviations, etc.
Holborn, Guy, Butterworths Legal Research Guide, 2d ed. (Ref. KD392 .H64 2001).
Manual of Law Librarianship: The Use and Organization of Legal Literature (Elizabeth M. Moys ed.), 2d ed. (Ref. KD392 .M33 1987).
Williams, Glanville, Learning the Law, 13th ed. (KD442 .W54 2006).

B. Reference Works

The Cardiff Index to Legal Abbreviations.
French, Derek, How to Cite Legal Authorities (Ref. KD400 .F73 1996) includes lists of regnal years and abbreviations of law reports.
Oxford International Encyclopedia of Legal History (Stanley N. Katz, ed.) (Ref. K48 .O965 2009 & online) includes entries on England.
Prince, Mary Miles, Prince's Bieber Dictionary of Legal Abbreviations, 6th ed. (Ref. KF246 .B5 2009 & online in LexisNexis) lists virtually all of the nominate reporter abbreviations.
Raistrick, Donald, Index to Legal Citations and Abbreviations, 3d ed. (Ref. Desk KD400 .R35 2008).
Stroud's Judicial Dictionary of Words and Phrases, 7th ed. (KD313 .S925 2006; earlier editions in Superseded Ref.) and Jowitt's Dictionary of English Law, 3d ed. (Ref. KD313 .J69 2010) are two of the leading modern English legal dictionaries. The library owns many older dictionaries as well (such as John Rastell's An Exposition of Certaine Difficult and Obscure Wordes and Termes of the Lawes of this Realme (2003 reprint of the 1579 ed.) (KD313 .R37 2003); to find them in the online catalog, search under law england dictionaries as a subject.
University of London, Institute of Advanced Legal Studies, Manual of Legal Citations (part 1, The British Isles) (Ref. KD400 .M36 1960).

C. Languages of the Law

Baker, J.H., Manual of Law French, 2d ed. (Ref. PC2942.B3 1990).
— . "The Three Languages of the Common Law," in The Common Law Tradition: Lawyers, Books and the Law (KD671.B35 2000).
Berger, Adolf, Encyclopedic Dictionary of Roman Law (reprint of the 1953 ed., originally published by the American Philosophical Society) (Ref. KJA56 .B47 2002) includes an English-Latin law glossary.
Black’s Law Dictionary, 9th ed. (Ref. KF156.B53 2009) includes lists of Latin maxims.
Cantlie, Ronald, The French Language and the Common Law, 18 Manitoba Law Journal 341 (1989) (Periodicals).
Jackson, E. Hilton, Law-Latin: A Treatise in Latin, with Legal Maxims and Phrases as a Basis of Instruction, 3rd ed. (KF385 .J33 1910).
Language and the Law: Proceedings of a Conference, December 6-8, 2001, Tarlton Law Library, The University of Texas School of Law (Marlyn Robinson, ed.) (K213 .L353 2003).
Latin for Lawyers (Ref. K52.L3 L38 1960).
Latin Words & Phrases for Lawyers (R.S. Vasan, ed.) (Ref. K52.L3 L39 1980).
The Law-French Dictionary Alphabetically Digested, to Which Is Added the Law-Latin Dictionary: Very Useful for All Young Students in the Common Laws of England: Collected out of the Best Authors by F.O. (2003 reprint, originally published in 1701 by Isaac Cleave & John Hartley in London) (Ref. KD313 .F126 2004 and Eighteenth Century Collections Online) gives English definitions for Norman-French and Latin terms.
Maitland, F. W. "Of the Anglo-French Language in the Early Year Books" in The Year Books of Edward II (v. 1 / Publications of the Selden Society; v. 17) (KD456 .S4 & online).

Mellinkoff, David, The Language of the Law (K94.M45).
VerSteeg, Russ, Essential Latin for Lawyers (Ref. K52.L3V47 1990).

D. Bibliographies

Adams, J.N. & G. Averley, A Bibliography of Eighteenth Century Legal Literature: A Subject and Author Catalogue of Law Treatises and All Law Related Literature Held in the Main Legal Collections in England (Ref. KD56 .A33 1982).
Beale, Joseph H., A Bibliography of Early English Law Books; supplemented by Robert B. Anderson's Supplement to Beale’s Bibliography of Early English Law Books (bound together) (Ref. KD51 .B52 1926 & online in HeinOnline's Legal Classics Library). Beale includes short biographies of early printers and lists of their law books.
The Cambrian Law Review (1970- ) (Periodicals) regularly publishes a "Bibliography on British and Irish Legal History."
Cowley, John D., A Bibliography of Abridgments, Digests, Dictionaries and Indexes of English Law to the Year 1800 (1979, reprint of the 1932 Selden Society ed.) (Ref. KD51 .C684 1932 and KD51 .C6 1979).
Hines, W.D., English Legal History: A Bibliography and Guide to the Literature (Ref. KD532.A1 H56 1990).
Legal Bibliography of the British Commonwealth of Nations (compiled by W. Harold Maxwell & Leslie F. Maxwell), 2d ed. Vol. 1: English Law to 1800. Vol. 2: English Law 1801 to 1954 (KD51 .L44 1955).
Raistrick, Donald, Lawyers’ Law Books: A Practical Index to Legal Literature, 3d ed. (Ref. KD59 .R34 1997) includes an alphabetical list of law reports.
A Short-Title Catalogue of Books Printed in England, Scotland and Ireland and of English Books Printed Abroad, 1475-1640. First compiled by Alfred W. Pollard & Gilbert R. Redgrave; 2d ed., rev. and enl., begun by W.A. Jackson & F.S. Ferguson, completed by Katharine F. Pantzer with a chronological index by Philip R. Rider, 1976-1991. (Perkins Ref. Z2002 .P77 1976).
Short-Title Catalogue of Books Printed in England, Scotland, Ireland, Wales, and British America, and of English Books Printed in Other Countries, 1641-1700, 2d ed., rev. and enl. Compiled by Donald Wing. (Perkins Ref. Z2002 .W52 1972).
Short-Title Catalogue of Books Printed in England, Scotland, Ireland, Wales, and British America, and of English Books Printed in Other Countries, 1641-1700, 2d ed., newly rev. and enl. Compiled by Donald Wing; revised and edited by John J. Morrison et al. (Perkins Ref. Z2002 .W52 1994).
The electronic version of the Short-Title Catalogue (ESTC) covers monographs printed between 1475 and 1800. Facsimiles of many titles listed in the STC (1475-1700) can be found in Early English Books Online; all titles listed in the STC (1475-1640) are available in Early English Books, 1475-1640 (Perkins Microforms).
Soule, Charles C., Year-Book Bibliography, 14 Harvard Law Review 73 (1901).

III. Statutes

A. Collections of Statutes

Ancient Laws and Institutes of England (Benjamin Thorpe, ed.), reprint of the 1840 ed. (Oversize KD530 .G74 2003 & online in HeinOnline's Legal Classics Library); The Laws of the Kings of England from Edmund to Henry I, reprint of the 1925 ed. (KD542. G73 2000) (A.J. Robertson, ed. & trans.), and The Laws of the Earliest English Kings (DA135.A88) (F. L. Attenborough, ed.) are collections of very early laws.
Statutes of the Realm: Printed by Command of His Majesty King George the Third...From Original Records and Authentic Manuscripts (1810-1828) (KD130 .S77 & online in HeinOnline, linked under English Reports Full Reprint). This 11-volume set covering the period from 1235 to 1713 also includes the Magna Carta and other important early documents.
The library has two editions of Statutes at Large (KD125 .S72 and .S73), covering the period from the Magna Carta until 1868. Several editions are also available in Eighteenth Century Collections Online.
Acts and Ordinances of the Interregnum, 1642-1660, reprint of the 1911 ed. (KD130 .S75) contains statutes passed during the Interregnum (the rule of Oliver Cromwell).
Select Statutes, Cases, and Documents to Illustrate English Constitutional History, 1660-1832: With a Supplement from 1832-1894 (C. Grant Robertson, ed.) (KD3934 .R6 1904 & online in Making of Modern Law, which also contains the 1913, 1919, & 1923 editions).
Since 1831, Her Majesty's Stationery Office (H.M.S.O.) has published the official version of the statutes as Public General Acts and General Synod Measures (known as The Public General Statutes, 1831-1870) (KD124 .P83). The law library began receiving these in 1952. These are the equivalent of U.S. session laws. They are compiled every year; before that they are available in slip law form. Access is through the Index to the Statutes in Force. The Public General Statutes and The Public General Acts (KD124 .P82), published by the Incorporated Council of Law Reporting, contain acts passed between 1866 and 1951 (both sets are marked Law Reports: Statutes on the spine).
The official publication Statutes in Force (1972-) (KD132.S72 and Microforms Room) contains all acts from 1235 to the 1990s still in force in subject order along with their amendments. There is an index for each subject as well as a general index. It supersedes Statutes Revised, three editions of which were published between 1870 and 1950, containing statutes in force through 1948; the Library has the third edition of Statutes Revised (KD130 .S72).
Chitty's Statutes of Practical Utility (also known as Chitty's Annual Statutes), 6th ed. (KD129 .C44 1911) contains selected statutes from 1235 to 1948 for the use of the practicing lawyer; it includes a table of short and popular titles.
Butterworth's Twentieth Century Statutes [Annotated] (KD129 .C45), which absorbed Chitty's Annual Statutes, includes statutes from 1900-1956; until 1909 they are arranged by subject.
The Statutes: From the Twentieth Year of King Henry the Third to the Tenth Chapter of the Twelfth, Thirteenth, and Fourteenth Years of King George the Sixth A.D. 1235-1948 (Robert Drayton, ed.), 3rd rev. ed. (KD130 .S72 1950) contains statutes in force from 1235 to 1948. Each volume has a table of statutes and an index.
Halsbury's Statutes of England and Wales, 4th ed. (KD135 .H3 4th) contains amended texts of statutes in force with annotations. The earliest statute listed in the chronological table is the Statute of Marlborough (1267).


Index to the Statutes (KD142.4 .I52), which covered the period 1235-1990 (when publication ceased), and Chronological Table of the Statutes (KD142.3 .C47), which covers the years 1235-to the present, are meant to be used with Public General Acts and General Synod Measures and Statutes in Force. The Chronological Table of the Statutes indicates repeals and amendments.

C. Guides to Statutes

Volume 16 of Chitty's Annual Statutes, 6th ed., 1911-1948 (KD129 .C44 1911) includes a "Table of Short and Popular Titles."
Appendix A of Craies on Statute Law, 7th ed. by S. G. G. Edgar (KD691 .C73 1971) is a list of popular names of statutes.
Guide to Law Reports and Statutes, 4th ed. (Ref. Desk KD54 .S98 1962) includes tables of regnal years, lists of law reports (alphabetical & chronological), abbreviations, etc.
Holborn, Guy, Butterworths Legal Research Guide, 2d ed. (Ref. KD392 .H64 2001).
Manual of Law Librarianship: The Use and Organization of Legal Literature (Elizabeth M. Moys ed.), 2d ed. (Ref. KD392 .M33 1987).
Winfield, Percy H., The Chief Sources of English Legal History (Ref. KD530 .W55 1925 & online in HeinOnline’s Legal Classics Library).

D. LexisNexis/Westlaw

The text of all public general Acts that are currently in force are available on LexisNexis (UK;STAT); statutes in force from 1267 to the present are in Westlaw (UK-LIF and UK-ST).

IV. Cases

A. The Earliest Cases

Bracton's Note Book: A Collection of Cases Decided in the King's Courts During the Reign of Henry the Third (F.W. Maitland, ed., 1983 reprint of 1887 ed.) (KD190 1217 .B72 & online in HeinOnline's Legal Classics Library) includes about 2,000 cases from the years 1217-1240.
The Earliest English Law Reports. (Publications of the Selden Society; v. 111-112) (Paul A. Brand, ed.) (KD456.S4 v.111, 112) contains 142 Common Bench cases prior to 1290.
Placita Anglo-Normannica: Law Cases from William I to Richard I Preserved in Historical Records (Melville Madison Bigelow, ed.) (KD270 1066 .B55 1879 & online in HeinOnline's Legal Classics Library) contains cases from 1066 to 1195 in Latin with English notes.

B. Year Books

The Year Books contain reports of English cases from 1270 to 1535. They are mostly in French; modern reprint sets include English translations along with the original text.
Older Editions
The "standard" (or "Vulgate" or "Maynard") edition, printed by George Sawbridge, William Rawlins and Samuel Roycroft in 1679-80, reprinted the medieval yearbooks in 11 tall folio volumes. Available in Early English Books Online & HeinOnline's Selden Society library.
Modern Collections
The Selden Society Year Books Series (KD456 .S4 & in HeinOnline's Selden Society library) began in 1903 as volume 17 of Publications of the Selden Society with Year Books of 1 and 2 Edward II (F.W. Maitland, ed.). The most recent volumes are Reports of Cases from the Time of King Henry VIII (J.H. Baker, ed., 2003) (Publications of the Selden Society; v. 120-122 /Year Books Series).
The Ames Foundation has been publishing Year Books since 1914 (KD194 & in HeinOnline's Selden Society Library). The most recent is Year Books of Richard II: 6 Richard II, 1382-1383 (1996).
Roll Series (part of Rerum Britannicarum Medii Aevi Scriptores, Or, Chronicles and Memorials of Great Britain and Ireland During the Middle Ages) (1858-1911) (Perkins DA25 .B5) includes 20 volumes of Year Books from Edward I and Edward III published between 1863-1911.
Other collections of cases from the Year Books and early nominate reports include J.H. Baker & S.F.C. Milsom, Sources of English Legal History: Private Law to 1750, 2d ed. (KD720.S68 2010) and A.K.R. Kiralfy, A Source Book of English Law (KD532 .K47 1957).
Seipp, David J., Year Books: Medieval English Legal History (or Seipp’s Abridgement). This searchable database indexes and paraphrases year book reports from 1268 to 1535 and includes helpful information such as lists of manuscript and printed editions and a bibliography of works about the yearbooks.
Statham, Nicholas, Statham's Abridgement of the Law (reprint of 1917 ed., translated by Margaret Center Klingelsmith) (KD196 .S73 2007). First printed around 1490, this is the earliest abridgment of cases from manuscripts of the Yearbooks.
Early English Books Online and Early English Books, 1475-1640 (Perkins Microforms) include many printed Year Book editions before 1700 as well as Ashe’s Promptuarie (1614), an index to the Year Books and early nominate reports (Short-Title Catalogue numbers for early Year Books are 9551 through 9967, and for the Vulgate are R1088A through R1088F).
If a case from the Year Books has been re-published, you should provide a parallel cite to the modern reprint series if possible (Bluebook, T.2). Butterworths Legal Research Guide (Ref. KD392 .H64 2001) has a good explanation of citations toYear Book cases.

C. Nominate (or Nominative) Reports

The Goodson Law Library has a large collection of nominate reports (KD187 - KD247 and Great Britain Law Reports, pre-1865 (Microforms); Guide to Law Reports and Statutes (Ref. Desk KD54 .S98 1962) provides a complete list.
Among the series held by the Library are:
Edmund Plowden, Commentaries [Les commentaires, ou les reports de dyuers cases...] (KD200 .P56 1816) covers cases from 1550-1579. Also available in 75 English Reports [Full Reprint] (see next section).
Cases from 1513-1582 (overlapping some of the later Year Books) are found in Dyer's Report (also called Reports from the Lost Notebooks of Sir James Dyer)(KD200 1541.D94 A33 1994) (J.H. Baker, ed., 1994, 1st ed., 1585)(Publications of the Selden Society; v. 109-110) and Dyer's English King's Bench Reports (John Vaillant, ed., 1794) (KD200.D93 1794). The latter is available in 73 English Reports [Full Reprint] (see next section).
Sir Edward Coke published a series of reports between 1600 and 1615 (posthumous volumes came out in 1655 and 1658) which included cases from 1572-1616 (KD200.C64). Also available in 76-77 English Reports [Full Reprint] (see next section).
Sir James Burrow put out several series of reports; among the most important is Reports of Cases Argued and Adjudged in the Court of King's Bench: During the Time Lord Mansfield Presided in That Court; from Michaelmas Term, 30 Geo. II. 1756, to Easter Term, 12 Geo. III. 1772. Available in 97-98 English Reports [Full Reprint] (see next section).
Charles Durnford and Sir Edward Hyde East published Term Reports of King's Bench cases for the period 1785-1800 (KD200.D87 1817).
To find other reports of cases in the online catalog, use the subject search law reports, digests, etc. -- great britain, or try keyword searches; for example, reports and cases and exchequer will find works such as Reports of Cases in the Court of Exchequer in the Time of King Charles I (1625 to 1648) (KD208 1625 .R47 A225).

D. Retrospective Sets

The English Reports [Full Reprint] (1900-1930) (KD270 1220 .E53 & online in Westlaw (ENG-RPTS); HeinOnline; and CommonLII) reprints many of the nominate reports published between 1220 and 1865, and is considered the main source for early English cases. The Index will lead you to the case in the English Reports if you have a nominate report citation. The Index Chart Issued for the English Reports (KD270 1220 .E531 & online in HeinOnline) lists each nominate report (along with its abbreviation) reprinted in the English Reports and indicates the volume where it appears. A chart of abbreviations for the nominate reports is also available online.
The Revised Reports (Frederick Pollock, ed., 1891-1917) (KD270 1785 .R45) covers 1785-1865. Rather than reprinting the best version of a case, Pollock sometimes combined versions and edited them to get what he thought was the true opinion. While generally duplicative of the English Reports, Revised Reports does include some additional cases. You should cite cases to English Reports or Revised Reports, with a parallel cite to the nominate reporter (Bluebook, T.2).
The All England Law Reports Reprints (1957-1968) (KD288 .A6) contains approximately 5,000 cases decided from 1558-1935, chosen for their importance. The set includes a table of cases and a subject index. This series is available in LexisNexis (ENGGEN;CASES).
HeinOnline's World Trial Collection includes trial transcripts and court documents (click on "World Trials" to see the list).

E. Law Reports

Law Reports (1865-) began with 11 series of reports (for a list see Learning the Law, 13th ed. (KD442 .W54 2006). Currently, there are four: Appeal Cases (KD275.4 .L38), Queen's Bench Division (KD277.7 .L38), Chancery Division (KD276.3 .L38) and Family Division (KD279.3 .L38). If a case is included in the Law Reports, it should be cited there in preference to other sources (Bluebook, T.2). Citations to these series refer only to the series abbreviation, and do not indicate that they are part of the Law Reports (e.g., Harbottle v. Terry, 1882 Q.B.D. 131 is a citation to the Queen’s Bench Division series of the Law Reports). Law Reports are available in Lexis (ENGGEN;ICLR) and Westlaw (ALL-RPTS).
Some of these reporters are available in Lexis (ENGGEN;CASES) and Westlaw (UK-RPTS-ALL):
  • Times Law Reports (1884-1952) (KD288 .A5).
  • Law Times Reports (1843-1947) (1843-1859: Level 4; 1860-1947: KD288 .A34).
  • Law Journal Reports (1822-1949; the 1822-1831 volumes are known as the Old Series (L.J.O.S.)) (KD288 .A22).
All England Law Reports (1936- ) incorporates the Law Journal Reports and the Law Times Reports (KD288 .A64).

F. State Trials

A Complete Collection of State Trials and Proceedings for High Treason and Other Crimes and Misdemeanors from the Earliest Period to the Year 1783 (Thomas Bayly Howell (vol. 1-21) & Thomas Jones Howell (vol. 22-33), eds.) (KD370 .H69 2000, reprint of the 1816-1828 ed., & HeinOnline). Also known as Howell's State Trials, this collection of important criminal and constitutional cases begins with an account of the treason proceedings against Thomas Becket in 1163. The son of the original editor continued the series through 1820.
State Trials of the Reign of Edward the First, 1289-1293 (T. F. Tout and Hilda Johnstone, eds., for the Royal Historical Society) (KD370 .T68).
State Trials: Or, A Collection of the Most Interesting Trials, Prior to the Revolution of 1688 (Samuel March Phillipps, ed.) (KD370 .P55 S7) covers the years 1554 to 1688.
Modern State Trials: Revised and Illustrated with Essays and Notes (William C. Townsend, ed.) (KD370.T69 1989, reprint of the 1850 ed. & HeinOnline covers the years 1820-1850.
Reports of State Trials. New Series... 1820 to [1858]... Published under the Direction of the State Trials Committee (KD370 .R46 & HeinOnline).

G. Indexes/Digests

British Trials 1660-1900: The Guide to the Microfiche Edition (Perkins KD370 .B758 1990) indexes a microfiche set that republishes non-official accounts, the majority are verbatim transcripts, of civil and criminal trials (microfiche not held at Duke, but may be borrowed).
The Digest (1971- ) (formerly called The English and Empire Digest, 1919-1970) (KD296 .E52 1971) provides access to cases from the Year Books to the present by name and subject.
Law Reports: Digests (KD284.D4 1952) contain summaries of cases in the Law Reports in a subject arrangement with lists of cases by name; the Law Library has volumes for the years 1931-1950.
Fisher, Robert Alexander, A Digest of the Reported Cases Determined in the House of Lords & Privy Council and in the Courts of Common Law, Divorce, Probate, Admiralty & Bankruptcy, from Michaelmas Term, 1756, to Hilary Term, 1870: With References to the Statutes and Rules of Court, Founded on the Analytical Digest by Harrison, and Adapted to the Present Practice of the Law (KD296 .F58 1870).
Williams, Glanville, Learning the Law, 13th ed. (KD442 .W54 2006) includes a table of the Law Reports.
Mews, John, A Digest of the Reported Decisions of the Courts of Common Law, Bankruptcy, Probate, Admiralty, and Divorce: Together with a Selection from Those of the Court of Chancery and Irish Courts, from 1756 to 1883 Inclusive: Founded on Fisher's Digest (also known as Fisher's Common Law Digest) (KD296 .M44 1884) and Mews' Digest of English Case Law: Containing the Reported Decisions of the Superior Courts and a Selection from Those of the Scottish and Irish courts to the End of 1924, 2d ed., supplemented through 1969 (KD 296.M43).

H. Guides to Cases

Bolland, William C., A Manual of Year Book Studies (KD660 .B6 1925 and Making of Modern Law).
Guide to Law Reports and Statutes, 4th ed.(Ref. Desk KD54 .S98 1962) includes tables of regnal years, lists of law reports (alphabetical & chronological), abbreviations, etc.
Holborn, Guy, Butterworths Legal Research Guide, 2d ed. (Ref. KD392 .H64 2001).
Manual of Law Librarianship: The Use and Organization of Legal Literature (Elizabeth M. Moys ed.), 2d ed. (Ref. KD392 .M33 1987).
Prince, Mary Miles, Prince's Bieber Dictionary of Legal Abbreviations, 6th ed., (Ref. KF 246 .B5 2009) lists virtually all of the nominate reporter abbreviations.
Wallace, John William, The Reporters: Arranged and Characterized with Incidental Remarks, 4th ed., rev. and enl. (KD392 .W35 1882 & HeinOnline).
Winfield, Percy H., The Chief Sources of English Legal History (Ref. KD530 .W55 1925 & HeinOnline).

I. LexisNexis/Westlaw

Cases from 1558 to the present are available on LexisNexis (ENGGEN;CASES). Westlaw (UK-RPTS-ALL) contains cases from 1865-present.

V. Legal History Treatises & Periodicals

Baker, J. H., An Introduction to English Legal History, 4th ed. (KD532 .B34 2002).
— . The Common Law Tradition: Lawyers, Books and the Law (KD671.B35 2000).
Brand, Paul, The Making of the Common Law (KD671 .B7 1992).
Coquillette, Daniel R., The Anglo-American Legal Heritage: Introductory Materials, 2d ed. (KD532.C672 2004) reprints the texts of some primary sources and classic treatises.
Dawson, John P., The Oracles of the Law (KJ147 .D39 1968).
Holdsworth, William S., A History of English Law, 7th ed., rev. under the general editorship of A. L. Goodhart and H. G. Hanbury; with an introductory essay and additions by S. B. Chrimes, 1956-66 (KD532 .H64).
Milsom, S.F.C., Historical Foundations of the Common Law, 2d ed. (KD671 .M54 1981).
---. Studies in the History of the Common Law (KD671 .A75 M55 1985).
The Oxford History of the Laws of England (John Baker, ed.) (2003-) (KD532 .O94).
Plucknett, T.F.T., A Concise History of the Common Law, 5th ed. (KD671 .P58 1956).
---. Early English Legal Literature (KD532 .P58 1958).
Pollock, Frederick & Frederic W. Maitland, The History of English Law Before the Time of Edward I, 2d ed. (KD608 .P6 & 1996 reprint KD608 .P6 1996). Various editions are also available in HeinOnline's Legal Classics Library and Making of Modern Law.
Simpson, A.W.B., Biographical Dictionary of the Common Law (Ref. KD606 .B56 1984).
Leading Cases in the Common Law (KD671.A7 S56 1995).
Walker, David M., The Oxford Companion to Law (Ref. K48 .W34).
Winfield, Percy H., The Chief Sources of English Legal History (KD530 .W55 1925 & HeinOnline's Legal Classics Library).
The Journal of Legal History (Periodicals), a British publication, and Law and History Review (Periodicals), the journal of the American Society for Legal History, are two of the leading journals that publish articles on English legal history topics.
The 19th Century Masterfile includes the Index to Legal Periodical Literature (1786-1922) and Poole's Index to Periodical Literature (1802-1907), which provide access to articles in Anglo-American periodicals.

VI. Classic Treatises

Many classic legal treatises are now available in online databases such as Early English Books Online, Eighteenth Century Collections Online and HeinOnline.
Blackstone, William, Commentaries on the Laws of England (facsimile of the 1st ed., 1765-1769) (KD353 .B5 2002). Blackstone was the first to lecture on English law at a university; the Commentaries are based on his lectures. An electronic version is available on the Avalon Project website and HeinOnline's Legal Classics Library.
Bracton, Henry de, On the Laws and Customs of England (De legibus et consuetudinibus Angliae). Written about 1250, this description of English law followed the format of Justinian’s Institutes.The best modern edition is the translation by Samuel E. Thorne (KD600 .B72 1968 and KD600 .B72 1997). A searchable version created by the Ames Foundation based on George Woodbine's edition of the original and Samuel Thorne’s translation is available online.
Coke, Edward, Institutes of the Laws of England (1628-1641) is a four part treatise on the common law (KD600.C64 and .C643 & in HeinOnline's Legal Classics Library). The First Part of the Institutes (1628) (KD833.C63 S9 1986, reprint of 1836 ed.), Coke's commentary on Littleton, is also known as Coke on Littleton.
Tractatus de legibus et consuetudinibus regni Anglie (Treatise of the Laws and Customs of England). This 12th century treatise on writs and the common law was traditionally attributed to Ranulf de Glanville (modern scholars suggest other authors such as Glanville’s nephew Hubert Walter). A good modern version is G.D.G. Hall's translation, The Treatise of the Laws and Customs of the Realm of England Commonly Called Glanvill (1965) (KD660.G43 H3 1993).
Littleton's Tenures (1481). This treatise on English land law is said to be the first printed English law book. Littleton's Tenures in English, edited by Eugene Wambaugh (Washington, D.C., J. Byrne, 1903) is a well known modern edition (KD833 .L57 1903).

VII. Legal History on the Web

The Anglo-American Legal Tradition (AALT) contains digitized images of thousands of court records from c.1272-1650.
The Avalon Project at the Yale Law School: Documents in Law, History and Diplomacy includes texts of classics such as Blackstone's Commentaries.
British Legal History: Selected Links on the Web from Cambridge University provides links to legal history sources.
The Constitution Society (click on "Liberty Library of Constitutional Classics") contains classic works including Bouvier’s Law Dictionary (1856 edition).
The Court of Chivalry contains records of cases from 1634-1640 relating to social, political and cultural issues.
Early English Books Online includes many titles listed in bibliographies such as the Short Title Catalogue (1475-1700).
Eighteenth Century Collections Online includes treatises, trial records, broadsides, and other legal writings.
English Medieval Legal Documents AD 600 - AD 1535: A Compilation of Published Sources lists published sources of English medieval legal documents, and provide links to online sources.
English Short-Title Catalogue (ESTC) covers monographs printed between 1475 and 1800.
H-LAW, a site sponsored by the American Society for Legal History, includes links to English legal history materials.
HeinOnline includes reprints of classic treatises, case reporters and other documents in PDF format.
House of Commons Parliamentary Papers contains digital versions of the 19th century House of Commons Sessional Papers. British Parliamentary Papers and Other UK Government Publications provides detailed information about accessing UK government documents from the 13th century to the present.
Legal History Blog hosts discussions on a variety of topics, including English legal history.
Legal History on the Web provides an annotated overview of online legal history resources.
The Making of Modern Law contains the texts of about 20,000 British and American treatises published from 1800-1926.
Medieval Legal History is part of the Internet History Source Book Project.
Parliament Rolls of Medieval England contains the texts (with English translation) of the rolls of parliament sessions from 1272-1509.
The Proceedings of the Old Bailey contains accounts of over 100,000 criminal trials held at London's central criminal court from 1674 to 1834.
Selected Web Sources for Legal History from the Jamail Center for Legal Research, Tarlton Law Library, emphasizes archives and rare book collections.
rev. jws/mm

Sunday, July 15, 2012


Rabbis call for overturning a court ruling.
Rabbis Avichai Apel and Pinchas Goldschmidt called on the German government to overturn a court ruling banning religious circumcision. (Stephanie Pilick / EPA / July 13, 2012)

Two of my favorite writers, Andrew Sullivan and the Washington Post’s Charles Lane, have been blogging recently about a German court ruling that circumcision shouldn’t be performed on boys too young to give consent.
Basically, Sullivan (who was born in England, where circumcision isn’t as common as it is here) describes  the medical-cum-cultic procedure as “infant male genital mutilation” and scoffs at the idea that a ban would violate the religious liberty of Jews and Muslims. (The court in Cologne ruled in a case involving the botched circumcision of a 4-year-old Muslim boy.)  A Jew or Muslim, Sullivan says, "can get his genitals mutilated later as a sign of his religious commitment -- when he is old enough to be able to make such a choice of his own free will."
For Lane, the decision was an affront to the rights of Jews –not Muslims– to honor a millenniums-old divine command. –Religious belief– 
“What this remarkable judge does not grasp -- or does not care about –How does an American corporate mouthpiece –one that is writing a political control piece– know what a German judge 'cares' about?–-- is the fact that a father cannot be a Jew in good standing unless he circumcises his son at eight days,” –I've heard four days, also between four and ten days, which is beside the point. The concept of being "a Jew in good standing" is both an arbitrary and relative view. Judaism, (like all the multi-national religions) isn't one universal thing, it is, a group of factions that view the same thing markedly differently to each other. This may be an example of the corporate press trying to control & frame a debate, and therefore, their viewers opinions. Of course, the fact that German judicial precedent has no bearing whatsoever on the American judiciary is conveniently overlooked.  Lane wrote.
This week a spokesman for Chancellor Angela Merkel engaged in some damage control, promising that religious circumcision “carried out in a responsible manner must be possible in this country without punishment.” –notice how the word 'responsible' is employed, that is a vague judgement that needs to be applied by someone.
So that ends the Sullivan-Lane debate -- except that Lane made another point that transcends the circumcision issue:
“The Cologne court’s sloppy legal balancing act –no doubt because the corporate mouthpiece disagrees with it–-- kids' physical integrity vs. parents’ religious interests –the real juice here is what right does any court have to make decisions about any child that interferes with the parents desire to embed their children with the values of the parent–-- completely ignores the nature of religious tradition–emotional bullshit until every religion practices circumcision and remember, this corporate mouthpiece is happy to play the 'divide & conquer' game when it advances his agenda–, which is that it is transmitted from parents to children. To posit a world in which the parents have their religion, and kids choose theirs, when they’re old enough, is to imply that even sending one’s child to a religious school -- or making him prepare for a bar mitzvah -- might be a form of brainwashing. –which is fundamentally what it is. Parents brainwash their children and that is fine. It is called nurturing & teaching.
If so, it’s constitutionally protected brainwashing–funny how the corporate mouthpiece's wheel out the Constitution when it suits the advancement of their agenda–. In a landmark 1925 case affirming parents’ right to send their children to a private or religious school,  U.S. Supreme Court said: “The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.” What are these "additional obligations"? Why does the corporate mouthpiece make a scientology joke about these "additional obligations"? Even an obligation (assuming the parents agree, unlike Tom and Katie) to Scientology.
Of course, it’s easier to renounce a childhood faith than to reclaim a foreskin. Even so, parents are given the opportunity even in this individualist culture to do their best to shape the minds and, yes, the bodies of their children. The alternative -- making the kids “creatures of the state” -- is an ugly one, as Germans found out. Always lovely to read an emotionally charged last sentence to an article, and great irony given that children are already "creatures of the state".

Monday, July 9, 2012


This is the guy that the Canadian corporate press has run a hit piece on. Seems like there might be a bit of bad blood between him & Dean Clifford, or, maybe I misunderstood that. Still, thought I’d dig something up on this bloke so that we can take a look for ourselves. 
"Published on May 5, 2012 by 
I am putting to rest all the doubting Debbie's who think I don't know what I'm Talking about.
I show you a commercial Affidavit I am entering into Queens Bench as evidence on my $20 mil. lawsuit. I show you my Deed of Trust and my US Treasury bond, sent to personally Geitner, which establishes value of $100 billion in my federal reserve account, and the receipt from the IRS accepting all of this as fact and establishing my name as a Foreign Situs Trust which is exempt from lien or levy. Put that in your pipe and smoke it!
I/me/myself/us/we/ourselves, Allen-Nelson of the Boisjoli family, Sacred Trustee, am not an expert and have no formal training in law, therefore any and all presentations, methods or opinion is for discussion and educational purposes only. User accepts that any methods presented or discussed is/are utilized at Users own risk; and, Allen-Nelson of the Boisjoli family is only presenting or demonstrating educational information or opinion and is Held Harmless and Not Liable for actions of User. User accepts that every Individual is responsible for their own actions.


Published on Jul 2, 2012 by canadaacp
Pursuant to the Federal Rules of Court, an ex parte motion may be brought in a closed setting where life is in imminent danger. With respect to these issues, there have been some highly priced prioritized Google links that lead to one man in particular, who while he thinks he is a journalist, he, in fact is not. He lacks credibility and several groups have banned him as someone with behavioural and emotional problems.
He takes these accusations as slanderous (well actually they would be libelous), we don't. Occupy Toronto has put out an April, 2012 bulletin stating that this man is dangerous. He approaches people as a friend in solidarity, but he will call the police to report their "suspicious behaviours." His accusations against others are often without foundation.
He denigrates women and is very open in hurtful speech. This man has some serious issues and his friends and family ought to consider getting this guy some help. We do not feel that doing an expose on him would help his situation, but did want to offer this response to his behaviours. We also feel that the average internet user can quickly identify this man and come to their own conclusion about him in researching his name.
Thank you for taking the time. Stay tuned for upcoming updates. Original posting.
Join us -
On July 4th, 2012, united citizen groups in Canada will file an ex-parte motion to be argued in Federal Court on July 9th, with respect to the quiet genocide of certain indiginous peoples in Canada. See our press release here: Watch a full 30 mins video from after the filing - filmed at Osgoode Hall, Toronto - see provocateur, "Geoff Renouf" and friends in action as they attempt to disrupt us.