LawsConstitutions

TreatiesCourt Reports

John HostageRDA for Law CatalogersBoston, July 21, 2012

#AALL12

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Compilations

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A Compilation

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Collaborative works

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Exercises

• Criminal procedure handbook• Codice penale e procedura penale e leggi

complementari

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Access Points for Works

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Authorized access points for works

Rules for access points for various kinds of legal works in 6.29

Other kinds of works not listed follow general rules in 6.27

Rules for access points usually built on rules for preferred title for legal works in 6.19

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Access points for works

• Determine preferred title for legal work (6.19)• Additions to preferred title (6.20-6.22)• Construct access point to represent legal work (6.29)– Preferred title– Sometimes combined with authorized access point for

creator or other person, etc., associated with work

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Recording creators

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CreatorsExamples:– Enacting jurisdictions for laws– Heads of state, chief executives, ruling executive

bodies responsible for decrees– Legislative bodies responsible for bills and drafts of

legislation– Promulgating agencies for administrative regulations,

etc.– Enacting jurisdictions and bodies governed for

constitutions, charters, etc.

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Creators

– Enacting jurisdictions and promulgating agencies for court rules

– Signatories for treaties, international agreements, etc.– Courts for charges to juries, indictments, court

proceedings, and court decisions• In some cases (e.g. treaties) multiple creators

recorded• N.B. - Creator not always used in authorized

access point!

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Other persons, etc.

• Other person, family or corporate body associated with legal works (19.3.2)

• Applied to legal works listed in 19.3.2.1– Jurisdiction governed by a law, regulation, etc.– Issuing agency or agent– Court governed by rules

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Other persons, etc.

– Corporate body governed by a constitution, charter, etc.

– Person or corporate body prosecuted in a criminal trial, etc.

– Person or corporate body indicted– Person or corporate body bringing the action in

noncriminal proceedings

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Other persons, etc.

– Person or corporate body on the opposing side in noncriminal proceedings

– Judge– Parties to a case– Lawyer representing a party

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Core elements

• Different kinds of creators and contributors can be found in same work

• All may be recorded, regardless of role• Core elements– For creators: principal or first-named– For other contributors: if used to construct

authorized access point for work

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Commentaries, Annotated editions, etc. (6.27.1.6)

If presented as work of person, etc., responsible for commentary, use access point for that person, etc.

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Commentaries, Annotated editions, etc.

If presented as edition of previously existing work, use access point for that work

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Specific kinds of legal works

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Laws governing one jurisdiction (6.29.1.2)

• Authorized access point for jurisdiction governed (11.13.1), e.g. Canada.

• Preferred title for law or laws (6.19.2), e.g. Canada Corporations Act– Rules for preferred title for laws similar to AACR2

rules for uniform title– Use Laws, etc. for complete or partial compilation

other than subject compilation

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Choosing the preferred title for a law

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Compilations of laws

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Constitutions

• Included in instruction for laws governing one jurisdiction• No RDA rule for shortening the preferred

title as in AACR2, but …

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Additions to access points (6.29.1.32)

Add year of promulgation to break conflictFrance. Constitution (1946)France. Constitution (1958)

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Laws governing more than one jurisdiction (6.29.1.3)

Authorized access point according to guidelines for compilations by different bodies (6.27.1.4), which says to use the preferred title for the compilation, e.g. Narcotic laws of Mexico and the United States

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Administrative regulations, etc., that are laws (6.29.1.4)

Same access point as for laws, e.g.Canada. Queen’s regulation and orders for the Canadian Forces (1994 revision)

New Brunswick. Laws, etc.– For: Regulations of New Brunswick

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Bills and drafts of legislation (6.29.1.5)

Combine:• Access point for the legislative body (11.13.1),

e.g. Australia. Parliament. House of Representatives.

• Preferred title for the bill (6.19.2), e.g. Second Corporate Law Simplification Bill

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Administrative regulations, etc., that are not laws (6.29.1.7)

Combine:• Access point for the agency or agent (11.13.1),

e.g. Illinois. Department of Public Health.Note: “Department” not abbreviated

• Preferred title for the regulations (6.19.2), e.g. Rules and regulations for recreational areas

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Rules governing a single court (6.29.1.10)

Combine:• Access point for the court (11.13.1), e.g.

United States. Tax Court.

• Preferred title for the rules (6.19.2), e.g.Rules of practice and procedure of the United States Tax Court

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Constitutions, charters, etc., of international intergovernmental bodies (6.29.1.13)

Combine:• Access point for the body (11.13.1), e.g.

United Nations.• Preferred title for constitution, etc.

(6.19.2), e.g.Charter of the United NationsNote: not clear if LC-PCC PS 6.19.2 applies to shorten title

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Exercises

• Constitution of the Commonwealth of Massachusetts

• Annotated Constitution of the Australian Commonwealth

Treaties and other international agreements

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Treaties, etc., between national governments (6.29.1.15)

Combine:• Access point for government named first

(11.13.1)– Exception: if one govt. on one side and 2 or

more on other side, use the one on one side• Preferred title for treaty (6.19.2.7), e.g.

Treaties, etc.

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Choosing preferred title for treaty

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Treaty example (cover page)

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Constructing the Access Point

• Access point for first-named governmentUnited States.

• Preferred title of treatyTreaties, etc.

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Additions to treaties (6.29.1.33)

• name of second party, e.g. Bulgaria

• date, earlier date, or earliest date of signing, e.g.1991 June 7Note: Names of months no longer abbreviated (6.20.3)

• Full access point:United States. Treaties, etc. Bulgaria, 1991 June 7

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First signatory?

• If no consistency in order in which governments are named, use govt. named first in first resource received

• If signatories can’t be determined use preferred title of treaty, e.g.Agreement Establishing the World Trade Organization

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Treaty example: no signatories listed

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Treaty example enlarged

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Additions to treaties entered under name of treaty

• Add date, earlier date, or earliest date of signing (6.29.1.33)

Agreement Establishing the World Trade Organization (1994 April 15)

• Change from earlier practice (year only)

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Agreements contracted by international intergovernmental bodies (6.29.1.16)

Follow same rule as for international treaties, i.e. combine first named party and preferred title “Treaties, etc.”

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Example

For: Agreement between the United Nations and the World Intellectual Property Organization

• First named party: United Nations.• Preferred title: Treaties, etc.• Full access point:

United Nations. Treaties, etc. World Intellectual Property Organization, 1975 January 21

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Agreements contracted by the Holy See (6.29.1.17)

Follow same rule as for international treaties, i.e. combine first named party and preferred title “Treaties, etc.”

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Example

For: Accordo del 18 febbraio tra l'Italia e la Santa Sede

• First named party: Italy.• Preferred title: Treaties, etc.• Full access point:

Italy. Treaties, etc. Catholic Church, 1984 February 18

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Other agreements involving jurisdictions (6.29.1.18)

2 or more jurisdictions below national level or a national government and one or more jurisdictions within its country: – follow rules for collaborative works (6.27.1.3), i.e.

first named party and no “Treaties, etc.”

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Examples

2 jurisdictions below national levelMaine. Joint agreement between the state of Maine and the

province of New Brunswick

National government and one of its jurisdictionsOntario. Memorandum of agreement between the

government of the province of Ontario and the government of Canada pursuant to section 4(3) of the Anti-Inflation Act

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Other agreements

Jurisdictions below national level and one or more international intergovernmental bodies: – follow 6.29.1.16, i.e. combine first named party

and “Treaties, etc.”

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Other agreements

National government and one or more jurisdictions below national level outside its country: – follow 6.29.1.15, i.e. combine first named party

and “Treaties, etc.”

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Example

For: Convention between the Government of the United States of America and the Government of the British Virgin Islands for the Avoidance of Double Taxation …

First named party: United States.Preferred title: Treaties, etc.Full access point:

United States. Treaties, etc. British Virgin Islands, 1981 February 18

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Other agreements

2 or more national governments and one or more jurisdictions below national level:

follow 6.29.1.15, i.e. combine first named party and preferred title “Treaties, etc.”

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Other agreements

Government at any level and a non-governmental corporate body:

• follow 6.27.1.3 for collaborative works, i.e. first named party and no “Treaties, etc.”, e.g.:Liberia. Concession agreement between the government of the Republic of Liberia and Liberia Iron and Steel Corporation

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Protocols, amendments, etc.

• Use authorized access point for basic agreement including additions such as other party and date (6.29.1.19)

• Add “Protocols, etc.” and date of signing of protocol (6.29.1.33)Ireland. Treaties, etc. Portugal, 1993 June 1. Protocols, etc., 2005 November 11

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Compilations of treaties:preferred title

6.29.1.33

Should be 1713 April 11 ?

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Compilations of treaties, etc.:access points (6.29.1.20)

• Between two parties: use same access point as for single agreement

• Between one party and two or more parties on other side: use same access point as for single agreement

• Other compilations: use general instructions (6.27.1.4)

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Exercises

• NAFTA• Russia-European Union treaty• Protocol to Rio Treaty

Other legal works

related to courts and court cases

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Reports of one court (6.29.1.21)

•Not ascribed to reporter: use access point for court and preferred title for reports, e.g.

Canada. Federal Court. Canada Federal Court reports

Arizona. Court of Appeals. Reports of cases argued and determined in the Court of Appeals of Arizona

•Rule recently revised

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Reports of one court

Ascribed to reporter(s): use access point for reporter

Manning, James, 1781-1866. Common bench reports For: Common bench reports : cases argued and determined in the Court of Common Pleas / [reported] by James Manning, T.C. Granger, and John Scott

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Reports by one reporter (ex.)

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Reports of more than one court (6.29.1.22)

One reporter or collaborating reporters: use access point for single reporter or one with principal responsibility plus preferred title for reportsFreeman, Richard, 1645 or 1646–1710. Reports of cases argued and determined in the Courts of King’s Bench and Common Pleas, from 1670 to 1704

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Reports of more than one court

Reporter(s) not responsible for all reports, or no reporter: use preferred title, e.g.Australian law reports

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Exercises

• U.S. reports• Supreme Court reporter

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Citations, digests, etc. (6.29.1.23)• If compiler, etc., prominently named: combine

access point for person and preferred title, e.g. Phillips, Richard H. (Richard Henry), 1890–1971. Connecticut digest, 1785 to date

• Otherwise, use preferred title, e.g.Commonwealth digest

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Criminal proceedings (ex.)

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Criminal proceedings and appeals (6.29.1.24)

Combine:• Access point for defendant or first-named

defendantAlley, Leavitt.

• Preferred title for proceedingsReport of the trial of Leavitt Alley, indicted for the murder of Abijah Ellis, in the Supreme Judicial Court of Massachusetts

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Noncriminal proceedings (ex.)

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Civil and other noncriminal proceedings and appeals (6.29.1.25)

Combine:• Access point for plaintiff or first-named

plaintiffBrooks, William, 1803–1863.

• Preferred title for proceedingsCase of William Brooks versus Ezekiel Byam and others, in equity, in the Circuit Court of the United States, for the First Circuit-District of Massachusetts

Indictment (ex.)

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Indictments (6.29.1.26)

Follow rules for criminal proceedings, i.e. combine person indicted plus preferred title for indictment

Duane, William, 1760–1835. Copy of an indictment (No. 1) in the Circuit Court of the United States in and for the Pennsylvania District of the Middle Circuit

Charge to jury (ex.)

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Charges to juries (6.29.1.27)

Combine:• Access point for the court

United States. Circuit Court (Middle Circuit). • Preferred title for the charge

Charge of Judge Paterson to the jury in the case of Vanhorne’s lessee against Dorrance

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Judicial decision (ex.)

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Judicial decisions (6.29.1.28)

Combine:• Access point for the court

United States. Supreme Court.• Preferred title for the decision

Freedom of the press

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Judicial opinions (6.29.1.29)

Combine:• Access point for the judge

Sutliff, Milton, 1806–1879. • Preferred title for the opinion

Dissenting opinion of Hon. Milton Sutliff, one of the judges

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Records of one party (6.29.1.30)

For brief, plea, etc., combine:• Access point for the party

Morewood, George B.• Preferred title for the brief, etc.

George B. Morewood, John R. Morewood, Frederic R. Routh, respondents, appellants versus Lorenzo N. Enequist, libellant, appellee

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Records of one party:Lawyer’s argument (example)

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Records of one party

For courtroom argument presented by lawyer, combine:

• Access point for lawyer Gowen, Franklin B. (Franklin Benjamin), 1836–1889.

• Preferred title for the argumentArgument of Franklin B. Gowen, Esq., of counsel for the Commonwealth, in the case of the Commonwealth vs. Thomas Munley

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Thank you

• John Hostagehostage@law.harvard.edu

#AALL12