cataloging law materials with rda

Presented by John HostageNovember 2, 2011

Cataloging Law Materials with RDA

John HostageHarvard Law School [email protected]

Cataloging Law Materials with RDA Hosted by ALCTS The Association for

Library Collections and Technical Services 2

Outline

Foundations of RDA Access points for works Specific kinds of legal works

Laws, etc.Treaties, etc.Other legal works

Cataloging Law Materials with RDA Hosted by ALCTS The Association for Library

Collections and Technical Services 3

Foundations of RDA

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RDA

Based on FR conceptual models Elements reflect attributes and

relationships of FRBR and FRAD entities FRBR group 1 entities: Work, Expression,

Manifestation, Item FRAD entities: Person, Family, Corporate

body, Place


Library Collections and Technical Services

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Law-related instructions for access points for legal works

Most instructions continue AACR2 practice, but in new arrangement



Access points for works

Access points for works

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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



Creators

Examples for:Laws of a political jurisdictionDecrees of a head of state, chief executive, or

ruling executive bodyBills and drafts of legislationAdministrative regulations, etc.



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Creators

Constitutions, charters, etc.Court rulesTreaties, international agreements, etc.Charges to juries, indictments, court

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

creators recorded



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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 19.3.2.1Jurisdiction governed by a law, regulation,

etc. Issuing agency or agentCourt governed by rules



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Other persons, etc.

Body governed by a constitution, etc.Person or corporate body prosecuted in a

criminal trial, etc.Person or corporate body indictedPerson 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

JudgeParties to a caseLawyer 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-namedFor other contributors: if used to construct

authorized access point for work



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Authorized access points for worksRules 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



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 ActRules for preferred title for laws similar to

AACR2 rules for uniform titleUse Laws, etc. for complete or partial

compilation other than subject compilation



Choosing the preferred title for a law



Constitutions

Included in rule for laws governing one jurisdiction

No rule for shortening the preferred title as in AACR2, but LCPS for 6.19.2 says to use “Constitution” or its equivalent

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Additions to access points (6.29.1.32)

Add year of promulgation to break conflictFrance. Code de procédure civileFrance. Code de procédure civile (1975)

Note: Original code was promulgated 1806

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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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Other drafts of legislation

Follow general rules for work (6.27.1):

Combine: Access point for creator, e.g.

Williston, Samuel, 1861-1963. Preferred title for draft, e.g.

Draft of an act relating to the sale of goods



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Ancient laws, certain medieval laws, customary laws, etc. (6.29.1.6)

Choose access point in order of preference:Title by which known, e.g. Lex Salica

Title proper of the resource, e.g. Fontes iuris Romani antejustiniani



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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



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

Cataloging Law Materials with RDAHosted by ALCTS The Association for Library

Collections and Technical Services 30

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: preferred title would be shortened to “Charter” under LCPS



Treaties and other international agreements

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.



Choosing preferred title for treaty



Treaty example (cover page)





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

First signatory?

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

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



Treaty example: no signatories listed



Treaty example enlarged

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Additions to treaties entered under name of treaty Add year, earlier year, or earliest year of

signing (6.29.1.33) Agreement Establishing the World Trade Organization

(1994)

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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.”



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



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.”



Example

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

First named party: Italy.


Full access point: Italy. Treaties, etc. Catholic Church, 1984 February 18



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.”



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



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.”



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.”



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.


Full access point: United States. Treaties, etc. British Virgin Islands, 1981 February 18



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.”



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 Cataloging Law Materials with RDA

Hosted by ALCTS The Association for Library Collections and Technical

Services 52

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, etc. (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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Other legal works

related to courts and court cases

Reports of one court (6.29.1.21)

Rules carried over from AACR2 Not ascribed to reporter: use access point for

court and preferred title for reports, e.g.Canada. Federal Court. Canada Federal Court reports

Not issued under authority of court: use title, e.g. Reports of cases argued and determined in the Court of Appeals of Arizona

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Reports of one court

Ascribed to reporter(s): use access point for reporter or court, depending on citation practice

CC:DA has agreed to revision to always use access point for court for reports of single court; not yet approved by JSC

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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



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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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

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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 indictmentDuane, 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

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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.)



Judicial decisions (6.29.1.28)

Combine: Access point for the court

United States. Supreme Court.

Preferred title for the decisionFreedom 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 opinionDissenting 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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Questions?



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