v.5, no.4, Win 2001


Volume 5 No.4, Winter, 2001 (ISSN 1084-9068)
Table of Contents
 

Jonathan Franklin

As the preliminary programs for Minneapolis come out and people start to make plans, it is hard to remember how much work goes on throughout the year to make the Annual Meeting a success.  At the same time, one of the greatest benefits of the Internet is its ability to facilitate communication, individually and collectively, with old friends, mentors/mentees, and colleagues on a regular basis. As such, the Caucus's website, transmitting our Newsletter and providing useful information about our listserv, membership directory, etc., is becoming an indispensable component of the Caucus.  I am proud to unveil the new, improved AALLC website at http://www.aallnet.org/caucus/aallc/ .  It would not be an exaggeration to say that this Website would not exist without the contributions of many past and present Caucus members.
The Caucus owes a tremendous thanks to Wei Luo for creating the first integrated AALLC website.  Without him taking substantial initiative and picking up the ball, we would not have had a presence on the web.  A round of applause should also go to Heija Ryoo and Ting James, as well as past members of the Directory Committee, for making the smooth transition from a print directory to a web-based directory.

A hearty thanks to Mon Yin Lung, who served as the member-at-large on the AALLC Website Working Group, for providing both concrete guidance and perspective on the transition.  And finally, a huge thank you to Pin-Sheng Hsaio who has updated the links, revised the banner, and completed the transition of the website from Washington University to the AALLNet's server.  This change will facilitate future access to the website by Caucus members who would like to work with Pin-Sheng and play a role in the maintenance and continuing improvement of the website.

Unfortunately, as many of us have learned with OPACs, the updating of a website is not a final step, but the next step in an ongoing journey.  I encourage all members interested in contributing content, graphic skills, links, or ideas to contact Pin-Sheng at phsiao@reedsmith.com with your suggestions.

Along with the website and e-mail, we can all look forward to an excellent meeting in Minneapolis this summer.  Please mark your calendars for Tuesday, July 17th from 5:15 to 6:15 for the AALLC Business Meeting.

Take care and have a happy New Year.

 
Career Paths to Law Librarianship
Wei Luo
Shortly after I left China in 1988 to pursue a legal education in the U.S., I became fascinated by the ways in which American legal materials are organized and classified.  Moreover, I was particularly impressed by the dissemination of American legal materials through the various electronic retrieval systems.  I was convinced that the American model could be used in China to better disseminate the rule of law, thereby enhancing the Chinese legal system.  I was so eager to carry out this idea that, immediately after receiving my J.D. degree in 1992, I enrolled in the Law Librarianship Program at the University of Washington -- the only program of its kind in the U.S. that trains applicants with J.D. degrees to become law librarians.  I realized then that being a law librarian, rather than a lawyer, would allow me to pursue more effectively my professional interests.
Since my graduation from the Law Librarianship Program, I have been working as a law librarian at the University of Southern Illinois Law Library (1993-1997) and the Washington University Law Library (1997- present).  In 1999, I teamed up with Mr. Phil Berwick, Associate Dean for Information Resources at Washington University Law School to apply for a research grant, from the U.S.-China Legal Cooperation Fund, to carry out a comparative study of the American and Chinese codification systems with a view toward introducing the U.S. system in China. Our research partner is the Legislative Affairs Office of the State Council of the PRC. My dream of introducing the American codification system in China became a reality, having received a grant in 1999 and another one in 2000. I am happy to report that our project is going very well and a long-term one. So far we have convinced our Chinese partner that China needs a subject codification system for its laws and regulations. One day when all Chinese laws are codified, I will be able to say with certainty that my career path in law librarianship is one well chosen.
Jonathan Franklin
Before law school, I had worked as a software designer and had an interest in art and they seemed to converge at copyright law.  As a 1L, a librarian picked me out as a potential librarian.  I think it was largely based on the number of LEXIS and Westlaw hours I logged.  During law school, I realized that I did not want to work in a law firm and started looking for alternatives.  It was not until we started planning on moving to Seattle for my wife's clerkship that I learned that there was a great law librarianship program at UW.  Realizing that copyright and libraries went hand-in-hand, I leapt at the chance.  After a great year in Seattle getting my library degree, we all moved to Ann Arbor where I was a reference librarian and foreign law selector.  After five years learning the ropes in Ann Arbor, I was fortunate to be able to return to Seattle, to my current position as Assistant Librarian for Library Services at the University of Washington Gallagher Law Library.

Jean Chong

I've enjoyed the incredible journey so far -- it's been a great learning experience!  Since 1999, I have been Manager for the Tax Research Centre at PricewaterhouseCoopers in Toronto, Canada. Here I am responsible for 3 libraries, national budget coordination, and participate in several national projects related to knowledge management for the tax division.

Previously, I worked for 3 years as Reference and Electronic Services librarian at the Judges' Library, which served several hundred judges and their researchers from the Ontario Court of Appeal and Superior Court of Justice. In addition to research and instructional delivery, I developed databases using Sydney Plus, did CD-ROM networking, etc.

I also worked for over 9 years in a fire-protection engineering library for the Ontario Office of the Fire Marshal. Prior to that job, I had worked in 2 health care libraries for 4 years, where one specialized in rehabilitative care of the spinal cord injured patients and the latter, in geriatric medicine.  I received my MLS in 1983 from University of Western Ontario. I have an Honor BA in English Literature. 
 


Sino-American Conference “Insurance and Financial Services: China after WTO“ A special report from Yan Hong, Insurance Law Librarian, School of Law, University of Connecticut

The Sino-American Conference on “Insurance and Financial Services: China after WTO” was held in Beijing from October 15 -17, 2000. It was cosponsored by the Insurance Law Center at the University of Connecticut School of Law and the University of International Business and Economics, China. As an insurance law librarian from the University of Connecticut School of Law, I had the opportunity to organize and participate in the event as the conference coordinator and planner.

A number of distinguished speakers gave a variety of presentations. Participants discussed among themselves the changes that would accompany China’s expanding global role and how the country would adjust its financial rules so that they would be more in line with WTO principles.  Attendees from both countries observed that China is faced with a daunting task. In order to comply with WTO requirements, China must amend or change certain laws and regulations. Even so, Chinese officials believe that most of China’s laws and administrative regulations are not in conflict with the WTO agreement, and that those laws and regulations not in accordance with the WTO bilateral agreements could easily be revised.

Every year, the Insurance Law Center at the University of Connecticut School of Law sponsors a conference on the topic of foreign and international insurance and financial service regulations.  In 1999, the Center sponsored a conference in Central and South America. These conferences provide an opportunity for regulators and insurance scholars to learn from each other, and to strengthen the relationships that are essential to effective international and regional cooperation.

Finally, attending the conference last year also offered me a chance to revisit Beijing and see with my own eyes the tremendous changes that have taken place in the last few years. It was a pleasant trip, and I enjoyed it very much. 
 


Japanese Law via the Internet

By Makoto Ibusuki (makoto.ibusuki@nifty.ne.jp ) 
Dr. Makoto Ibusuki is Associate Professor of Law, Department of Law and Policy, 
Kagoshima University, Japan.  Prof. Ibusuki’s article, Japanese Law via the Internet, was previously published by LLRX.comhttp://www.llrx.com/resources4.htm/japan.htm on December 18, 2000.  Copyright © 1996-2001 Law Library Resource Xchange, LLC. All rights reserved.

Table of Contents
Introduction
Basic Structure of Japanese Legal System
Finding Japanese Legislation via the Internet
Finding Japanese Cases via the Internet
Finding Governmental Resources via the Internet
Secondary Sources
Legal Research Guides
Conclusion
Introduction

Japan is one of the most modernized and industrialized countries in the world. However, the Japanese legal resource on the Internet is not yet sufficiently supported by the legal community. In doing legal research on the web, the user would feel frustration when searching for data. There are so many Japanese commercial and non-commercial web pages, but few sites distribute legal data.

The purpose of this article is to introduce the limited web resource to people who want to get Japanese legal information through the web. Needless to say, for getting the resource in Japanese, the users in foreign countries must set up the computer for reading it by installing Japanese font program.

This article does not deal with such technical and technological issues. So, it is strongly recommended for each user to refer to the web resources for setting up the computer accessible for Japanese.

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Basic Structure of Japanese Legal System

Historically, the Japanese legal modernization was based on European legal system. At the beginning of Meiji era, the system of Europe was the model of Japanese court system and legal system. German and French law and their respective judicial systems were the typical example used for the Japanese model.

However, after the Second World War, there was major legal reform. Constitutional law and criminal procedure law, which are most important for the protection of human rights, were revised by modeling American law. So, it is very difficult to say whether the roots of the Japanese legal system come from the continental system or Anglo-American system. It might be better to call the Japanese legal system as hybrid of these two systems.

Japanese Constitutional law was adopted in 1946 after the Second World War. It includes the bill of rights. There are thirty-one articles related to human rights. It also provided for three independent branched of government for the country; Legislative, Judicial and Governmental powers.

In Japan, there are two parliaments; Upper diet ( Sangi-In ) and lower diet (Shuugi-In ).

The Japanese court system is simple because it is not a federal system. There is one Supreme Court, eight high courts and fifty district and family courts. For small crimes (punishable by fine or lighter punishment) and civil suits (involving claims not exceeding 900,000 yen), our four forty eight summary courts have jurisdiction.

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Finding Japanese Legislation via the Internet

The government Printing Office enables Internet users to check on new legislation at the site of Legislative Bureau, House of Council .

Kanpo (Gazettes) includes new legislation updated each week via PDF file. Accumulated data can be searched at the Government printing officeDai-ichi Houki Pub. maintains the current debate schedule and full text data of some bills. Recently, the Japanese Diet started a database service containing minute's of the proceedings.

Unfortunately, in Japan, no government sites contains all Japanese law, but some agencies and ministries produce certain statutes related to their works. Although there is no copy right for law in Japan, people have to pay fees for getting the texts of laws from some commercial sites or major commercial BBSs such as Nifty Serve and ASAHI-Net. On the other hand, some private sites provide law text free of charge on the Internet. There are two types of such web sites. One is producing its own data on the site and another is producing links to law text on other web sites which provide some law text.

Houko (meaning law storehouse) is a typical site of the former type, containing a word index, a field index and a chronological index. The viewer can search on the site. Aidai Roppou (meaning basic statutes from Aichi Univ.) is a typical site of the latter type. Although the site name refers to "basic laws", their links are never limited to basic sources, and covers wide area. This site also serves users who wish to search the full text of the data.

Some legal publishers sell compact discs containing law text. National Academic Information Center, a governmental non-profit institute, also provides a full text database exclusively for the academic profession; students are excluded. Non-academic people, who cannot access the academic resources and do not wish to purchase CDs, have no way to obtain free access to law such text databases of the government.

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Finding Japanese Cases via the Internet

Since 1997, selected decisions of the Japanese Supreme Court have appeared on the official site. Some famous and old Supreme Court cases have been translated into English and are available on this site. A private site, Kihon-page (meaning basic cases), also provides Supreme Court cases, which have been published in the Official Court Report (Saibansho-jihou) since 1995. The resources on their web for Supreme Court cases before 1995 are limited.

There were no sites for lower courts' cases. However, on July 1999, the Supreme Court site started to provide lower court decisions of recent intellectual property cases. They also started the database of intellectual cases after 1969 on August 2000.

Aidai Hanrei is also the useful resources listing famous and important cases in main legal fields; constitutional law, criminal law, civil law, commercial law, criminal procedure law and civil procedure law.

Some private sites provide decisions related to specific fields. For examples, Mr. Ueno's site includes copyright case judgments, and Prof. Sonoda's site provides cyber-porn case judgements. The site of the Tax Law Association also provides a set of tax law precedents.

Some publishers in Japan distribute compact discs containing cases that have been published in case reports in print form and they also support online databases similar to Westlaw and LEXIS. For example, TKC is full text database of decisions published since 1875 covering over 20,000 cases.

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Finding Governmental Resources via the Internet

In May 1999, the Japanese Diet passed the Freedom of Information Act. Before the legislation was enacted, many governmental sites had started to provide their information via the Internet. On the web, there are numerous resources for government information. The best way to search for the information is to locate and check on the Clearing System . This site is a meta-search engine designed for searching the information contained in the central government sites and local government sites. Some useful web resources are introduced here. Japanese Crime Statistics is provided at http://www.moj.go.jp/HOUSO/houso01.htm . The Japanese CENSUS is provided athttp://www.mhw.go.jp/toukei/t_gaikyo.html .

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Secondary Sources

Legal Articles

In fact, it is difficult to find Japanese law journal articles on the Web. Few Japanese law reviews appears on the Internet. The Ritsumeikan Law Review is an exception. While some scholars provide their articles to the public on their homepages privately, most of the articles in Japanese law reviews are published only in print form.

On the other hand, there are some index sites for law articles, which have been published in major law reviews and legal magazines. At Kobe Gakuin University , an index of law reviews is provided by the Reference Room of Kobe Gakuin University, School of Law. However, the articles contained in commercial magazines are not included in this index. For social security law and labor law, the Ohara Institute at Hosei University provides a database for the articles in these fields. At the site of Prof. Nishitani of Hiroshima University , a database of Japanese articles concerning International Law is provided.

Legal News

Unfortunately, in Japan, there is no site that provides legal news. With respect to specific issues, some news sites distribute news stories. The page called Pursuit of Cases on the Internet , produced by Mainichi News, provides many stories concerning the Internet, i.e. cyber-pornography, online gambling, hacking, electronic commerce, software issues, copyright issues, domain issues and security issues. Major Japanese national newspaper companies, Asahi Shimbun , Mainichi News Yomiuri News and Nihon Keizai Shimbun distribute their stories via the net. Asahi Shimbun also has a full text database for their news distributed since 1986.

For English paper, The Japan Times Nikkei Net and Mainichi Daily News are distributing legal news in English.

Legal Publisher

Some legal publisher started their web pages and provides their book catalogues; Yuhikaku Nihon Hyouron Sha Dai-ichi-Houki Hanrei Times and Shin-Nihon-Houki .

At the moment, no publisher supports their service through the web, but only provides contents of back volumes for journals.

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Legal Research Guides

As portal sites, some excellent pages are recommended. The first one is Legal Resources for Law and Cyberspace , produced by Atty. Hisamichi Okamura. It is a comprehensive link page for law materials on the web, including a topic of index. It contains links to sites about all aspects of Japanese law.

The second one is Kanazawa University's index , which has long tradition on the Japanese web.

For English sites, Luke's page, J apanese Law Links is useful for Japanese legal materials. Senrei and J apanese Law   are also excellent guides for non-native users.

As guidance for legal research using Japanese law materials, Fundamental Legal Research: Legal Research Room , maintained by Ms. Mariko Ishikawa, is well known. This is a reliable site as a reference for people who wish to do research about Japanese law. The viewer can obtain knowledge of how to research various Japanese legal resources, e.g. law texts, cases, law articles and government documents. This site is also very useful as a link site for law-related web resources in Japan. It has complete links to all Japanese University law departments and all bar association sites.

For assisting web based legal research, "Houritsugaku-no-tameno-Internet" (Law on the Net; Nihon-Hyouron-Sha, Tokyo, Japan 2000) is recommended as the best tool. This is the first guidebook in Japan for legal research via the Net. It gives a comprehensive guide for Internet users who are looking for law materials on the net. It is a collaborative product by Prof. Yonemaru (Ritsumeikan Univ., Kyoto) and myself. The revised edition was published in Jan. 2000. It includes CD-ROM with every URLs for the convenience of the users.

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Conclusion

As you see, Japanese legal sites are under developed at this moment. Although this country is the second one distributing personal computer in the world, the lower courts are not well equipped and wired and therefore, do not distribute their judgments through the web. In Japan, there is also no official web site distributing the entire data of our legislature.

It is difficult to predict when we can access such Japanese legal data through the Internet. However, if we could not do so in the future, the Information Technology Revolution, which is suggested by the current prime minister, would not be achieved well because legal resources must be the fundamental soft infrastructure for the civilized and modernized society. The web resources in each country would be best measured by evaluating whether a specific country can be such society or not.

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Committee Appointments

President: Jonathan Franklin 
President Elect: Mila Rush 
Secretary/Treasurer: Ting James 
Program Committee: Mila Rush (chair), Dan Wade & Yuan Yao 
Directory and Communications: Heija Ryoo (chair) and Ting James 
Membership and Recuiting: Frederick Chan & Yan Hong (co-chairs) 
Mentorship: John Lai (chair) and Xinh Luu 
Publicity: Clement Chu-Sing Lau (chair) & Jean Chong 
Newsletter: Pin-Sheng Hsiao (chair and editor) & Xinh Luu 
Nominations: Wei Luo (chair), Bill McCloy & Heija Ryoo 
 

Membership News

Wei Lou was awarded a second research grant from the US-China Legal Cooperation Fund to support a research project to codify Chinese laws.

Snow Zhu was awarded a grant to attend CONELL last summer (2000) from PLL-SIS. The requirements were to attend the PLL Business meeting and submit an article to PLL Perspectives on her CONELL experience. She was one of the two winners.

  
New Title in Japanese Law
Japanese Laws in English (2nd edition) (JLE), compiled by Robert R. Britt of the Gallagher Law Library, University of Washington, updates the contents of the original 1995 edition and includes additional key features and improvements that will make the index even more useful. Each entry now provides the law's latest date of amendment, the translation's year of publication, the title in Japanese characters, and the EHS series designation (where appropriate). Plus, there is expanded and enhanced subject access.  For additional information and ordering details, seehttp://lib.law.washington.edu/pubs/jle/index.html
Minutes of the Business Meeting of the Asian-American Law Librarians Caucus 
July 17, 2000 
Philadelphia Convention Center

The Business Meeting of the Asian-American Law Librarians Caucus (the Caucus) was held on July 17, 2000 at the Philadelphia Convention Center. President Wei Luo called meeting to order at 5:30 p.m. Twenty-six members and friends attended. Among the attendees was Mrs. Cossette Sun, a current member of the AALL Executive Board. The Caucus welcomed new members: Ms. Yuezeng Yang (Cleveland State University Law Library), Mr. Robert Hu (Morrison & Forrester, Irvine, California), Ms. Victoria Williamson (University of La Verne Law Library), and Ms. Jean Chong (PriceWaterhouseCoopers, Toronto, Ontario). During and after the business meeting, many members made financial contributions to the Caucus.

I. Approval of the minutes of the business meeting on July 19, 1999 in 
Washington, D.C.

The minutes of the business meeting held on July 19, 1999 were approved as distributed through the Caucus' e-newsletter, Asian Law Link.

II. President's remarks

President Luo made brief remarks about the Caucus activities during the past year. 
He thanked committee members and others for their participation and hard work. 
Mr. Jonathan Franklin, incoming President of the Caucus, arriving late due to schedule conflicts, thanked Mr. Luo for his efforts in the past year and then presided over the business meeting. He also thanked Bill McCloy and Heija Ryoo in advance for their willingness to participate in the panel discussion to be held immediately after the business meeting.

III. Report from Secretary/Treasurer

Robert H. Hu, Secretary/Treasurer, reported on the Caucus' finances in the past year. The financial report had been previously posted on the Caucus' Web site for preview. No questions were raised about the report, and it was approved. Robert also summarized membership activities during the past year. The summary had been posted on the Caucus' listserv.

IV. Committee Reports

Directory and Communication: Ting James, on behalf of Heija Ryoo, reported that the Caucus' directory of membership had been updated. Of the 116 members currently listed in the directory, ninety-six subscribe to the Caucus' listserv.

Membership and Recruiting: Ms. Mila Rush reported that the committee had identified ethnic minority members from the AALL Directory & Handbook and sent out letters to those members inviting them to join the Caucus. So far there had been a few responses.

Mentorship: No report.

Newsletter: Hua Li reported that the Newsletter, Asian Law Link, had made some 
improvement during the past year. As a testimonial to the quality work, she cited an email from a librarian at the University of Copenhagen, Denmark, expressing appreciation for Asian Law Link. Hua then thanked Xinh Luu for her editorial assistance with the newsletter. Hua went on to report that committee had coordinated with AALL to participate in the Time Capsule project. Items included in the Caucus' Time Capsule were photos and copies of various documents of historical value. On the Time Capsule, the full name of the Caucus was written in various languages including English, Chinese, Japanese, Indian, Korean, Filipino. The items inside the capsule were signed in English and Chinese. Hua also solicited the members to contribute news items to the Asian Law Link.

Publicity: Clement Chu-Sing Lau discussed and explained a project that he was working on, a survey U.S. of law libraries’ Chinese law collections. He then distributed a survey questionnaire and asked members to participate in the survey.

Program: No report.

Nominations: Mila Rush was nominated for the office of Vice-President/President-Elect, and Ting James was nominated for the office of Secretary/Treasurer.

V. Election of New Officers

With unanimous approval, Mila Rush was elected to the office of VicePresident/President-Elect, and Ting James to the office of Secretary/Treasurer.

VI. New Business.

None

VII. Adjournment.

The business meeting was adjourned at 6:30 p.m. After the business meeting, a panel discussion, entitled "Career Path to Middle Management," was presented by Bill McCloy, Assistant Librarian for East Asian Law, University of Washington Law Library (Seattle, 
Washington), and Heija Ryoo, Director of Library Systems/Technical Services, Southern Illinois University Law Library (Carbondale, Illinois). The panelists talked about their personal career paths, candidly sharing their personal experiences and insights, and giving valuable advice on how to succeed in law librarianship. The panel discussion was memorable and greatly appreciated by all.


Words from the Editor

As newly appointed chair and editor of Asian Law Link, I am pleased to announce the first 2001 issue. Let me also say that I am highly optimistic about the future of our publication. First, we have launched a new website which now officially resides on  AALLNet. This will help to ensure stability and facilitate our online needs. In addition, we have created a column that features the career paths of our members. The purpose of this column is to offer a platform for those members who wish to share their career experiences among us. Through this, we may better get to know our collegues not only as professionals, but also as individuals. In other words, it is my hope that this column will serve to underscore the unique career paths, both professional and personal, that members of the Asian American Law Librarians Caucus have ventured upon. As such, I encourage all of you to consider submitting a brief statement for the Newsletter. Your professional and personal experiences may provide an important source of information, as well as be inspirational for other people.

In conclusion, I would like to express my gratitude to Wei Luo, Heija Ryoo, Ting James, Jonathan Franklin, Hua Li, Xinh Luu, and MonYin Lung for their past and present support of our website and Newsletter. Their valuable time and expertise have made a tremendous difference. I realized that maintaining a quality website and Newsletter, as they have done, is a concerted effort that requires professionalism and commitment. To be sure, in order to continue the success, we always need people with web skills and ideas. Currently, we are looking for someone who knows how to set up an online voting system or an online questionnaire. If you have the skill and are willing to help, please contact the AALLC Web Working Group. 
 

To contact the editor, please send email to Pin-Sheng Hsiao .

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