In Custodia Legis
Official blog from the Law Library of Congress
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The guides listed below provide legal commentary and recommended resources on issues and events with legal significance.
Abraham Lincoln and the Law
The Law Library of Congress's historical collection vividly illustrates three periods in which the law played a prominent part of the Lincoln era: Lincoln the Lawyer, Habeas Corpus and the War Powers of the President, and The Assassination: Trials. Each era includes the full text of several items from the Law Library of Congress's Rare Book Collection.
Antigua and Barbuda: History of Corruption and the Stanford Case
The collapse of R. Allen Stanford’s Ponzi scheme, which used Antigua and Barbuda as a base of operations, has raised questions about the history of corruption in that country’s banking system. There is evidence of Antiguan banks being used for illegal purposes prior to 2000, but in the absence of local prosecutions, little firm evidence of corruption.
Australia: Terrorism Laws: Control Orders
Australian Control Orders are used to impose obligations or restrictions to protect the public from terrorist acts. This page discusses Control Order issuances, rights, the complaint process, and offenses.
Australia: Terrorism Laws: On Preventative Detention & Prohibited Contact Orders
This page discusses Preventative Detention Orders and Prohibited Contact Orders, provided under Australian criminal law for addressing terrorism concerns. A Preventative Detention Order permits detention for a short period and a Prohibited Contact Order prohibits the detained person from contacting individuals named in the order.
Australia: Terrorism Laws: On Questioning Warrants and Questioning and Detention Warrants
The Australian Security Intelligence Organisation (ASIO) has the power to detain and question persons in relation to terrorism. In some instances, this detention extends to pre-charge detention. The ASIO may operate under either a Questioning Warrant or a Questioning and Detention Warrant.
Bioethics Legislation in Selected Countries
Countries around the world are facing questions about how to balance developments in various areas of biotechnology with concerns about ethics, human health and safety, and the environment. This report examines bioethics-related international instruments and bioethics legislation in ten countries: the United Kingdom, Germany, Japan, China, Israel, India, Kenya, New Zealand, Brazil and Russia.
Campaign Finance
This report examines campaign finance laws, including those governing the length of the campaign period, funding sources and disclosure requirements, restrictions on contributions and expenditures, and free speech implications of such restrictions, in Australia, France, Germany, Israel, and the United Kingdom.
Children's Rights
The national and international laws and practices are detailed and analyzed for sixteen nations including Argentina, Australia, Brazil, Canada, China, France, Germany, Greece, Iran, Israel, Japan, Lebanon, Mexico, Nicaragua, Russia, and the United Kingdom (England and Wales).
Commemorative Observations
Listed are the commentary and recommended resources for selected national observances and commemorative months: African American History Month, Asian/Pacific American Heritage Month, Constitution Day and Citizenship Day, Human Rights Day, Jewish American Heritage Month, Law Day, Lesbian, Gay, Bisexual and Transgender Pride Month, National American Indian Heritage Month, National Disability Employment Awareness Month, National Hispanic Heritage Month and Women's History Month.
Constitutional Provisions on Women's Equality
This report cites constitutional provisions in foreign national constitutions that proclaim women's equality and/or state anti-discrimination policies.
Crimes Against Humanity
This Multinational report covers Crimes Against Humanity Statutes and Criminal Code Provisions.
Cuba: Legal Implications of Castro's Resignation
This page discusses recent developments and legal implications related to Castro’s resignation in 2008.
Cyprus: Destruction of Cultural Property
This report concerns the international legal framework relevant to the destruction of cultural property in the northern part of Cyprus.
Digitized Materials
This page discusses the digitized collection from the Law Library of Congress.
The Education of Non-Native Language Speaking Children
This report discusses programs for the education of school-age, non-native language speakers in European Union, France, Israel, Japan and United Kingdom (England).
Egypt: Pending Charges Against Former President Mubarak and Potential Legal Ramifications
This report discusses the pending criminal charges against former Egyptian President Hosni Mubarak and his family members, the potential penalties for those charges, and the applicable burden of proof.
Foreign Aid Regulation
This report outlines foreign aid allocation in the European Union as well as in Australia, Brazil, China, Finland, France, Germany, India, Israel, Japan, Kuwait, New Zealand, Norway, the Russian Federation, Saudi Arabia, South Africa, South Korea, Sweden, and the United Kingdom.
France: Highlights Of Parliamentary Report On The Wearing Of The Full Veil (BURQA)
On January 26, 2010, the President of the National Assembly published on the Assembly website the report prepared by the Parliamentary Commission to Study the Wearing of the Full Veil in France. This page presents selected highlights from the report.
Great Britian: Welfare Reform Act 2012
This report provides an overview of the Welfare Reform Act 2012, the most substantive legislative change in the British welfare system since the 1940s.
Habeas Corpus Rights
This report analyzes the right available to persons in Canada, Egypt, France, Germany, Iraq, Italy, Japan, Pakistan, Russia, Saudi Arabia, Syria, the United Kingdom, and Yemen to challenge the legality of their arrest or detention.
Haiti: Legal Bibliography
This Law Library of Congress collection contains the following Haitian law titles. The titles in the public domain will be digitized.
Honduras: Constitutional Law Issues
This page discusses the legal authority for removal of an elected president in Honduras, and its application to the case against President José Manuel Zelaya Rosales, in which the Honduran Congress interpreted the power to disapprove of the conduct of the President to encompass the power to remove him from office.
Honduran Constitutional Crisis: Applicable Authorities
A list of authorities prepared by the staff of the Law Library of Congress identifies Honduran legal documents considered relevant to the events of the summer of 2009, which resulted in the removal of a sitting President.
Indonesia: Inter-Religious Marriage
This page includes information about laws in Indonesia that affect the ability of people from different religious backgrounds to marry.
International Relations under Islamic Law (Shari’a): Dar al-Harb (House of War) vs. Dar al-Islam (House of Islam)
This report provides an overview of the Islamic concepts of Dar al-Harb (House of War), Dar al-Islam (House of Peace), and Dar al-Aman (House of Safety).
Iraq: Legal History and Traditions
This page highlights moments in the history of the governance of the area formerly known as Mesopotamia that may be seen as significant with respect to the legal heritage and traditions of Iraq.
Iraq: Saddam Hussein Trial
Find information on the tribunal and its historical background with articles related to key legal issues. It includes print and Web citations to relevant treaties, laws, and references on the subject.
Israel: Criminal and Ethical Aspects of Municipal Rabbis' Letter Concerning the Sale or Rental of Property in Israel to Non-Jews
This report analyzes the criminal and ethical aspects of a letter published by fifty municipal rabbis in Israel alleging that Jewish law prohibits the sale or rental of property in Israel to non-Jews.
Israel: Reproduction and Abortion: Law and Policy (PDF)
This report analyzes Israel's approach to reproductive care and discusses the governing law as well as the allocation of funding for this purpose. (PDF, 121KB)
Israel: Supreme Court Decision Invalidating the Law on Haredi Military Draft Postponement
This report analyzes the background and current status of Israel's law regarding deferment of compulsory military service, and how it has affected the Haredi (ultra-Orthodox) community in particular.
Japan: Article 9 of the Constitution
This research report analyzes Article 9 of the Japanese Constitution and its possible amendment.
Japan: WWII POW and Forced Labor Compensation Cases
This page discusses Japanese post-WWII plaintiffs’ compensation claims against the Japanese government, which were rejected under the theory of war damages. The page also notes what the Japanese government paid to other countries to compensate for damages related to WWII. Additional links are provided on various aspects related to these cases.
John Adams and the Boston Massacre Trial of 1770
In 1770 young lawyer John Adams, future President of the United States, served as defense counsel in the trial of eight British soldiers accused of murder during a riot in Boston. Adams's impassioned speech in defense of the soldiers resulted in their acquittal. This page shows the covers of five reports and transcripts of the court proceedings, and includes the full text of three of these items from the Law Library of Congress's Rare Book Collection.
Lebanon: The Hariri Assassination
The investigation and potential prosecution of those involved in the assassination of Rafiq Hariri, former Prime Minister of Lebanon, could become a case study in the rapid development of international criminal law. In addressing such issues, the Law Library of Congress provides information and legal analysis reflecting the actual state of international law.
Lebanon: Constitutional Law and the Political Rights of Religious Communities
The Lebanese constitution of 1926, as amended, is still in force today. Its main feature is the representation given to the various religious communities in public employment, the formation of government, and the selection of the legislature. It guarantees basic individual rights and freedoms and provides for a parliamentary form of government.
Lebanon: Presidential Election and the Conflicting Constitutional Interpretations
Lebanon may face its first major constitutional crisis since its creation in 1920, following World War I in which the Ottoman Empire lost its Arab provinces to the Allied Forces. This page discusses the approaching crisis and provides links to related information.
New Zealand: General Elections
This report provides information on the conduct of general elections in New Zealand. It includes discussion of the “mixed member proportional” electoral system, voter registration and eligibility rules, voting processes, the existence of separate electoral districts and an electoral role for Māori voters, campaign finance and advertising laws, and responsibilities for electoral administration and oversight.
New Zealand: Mâori Culture and Intellectual Property Law
In New Zealand, Māori claims regarding rights to “guardianship” of their cultural knowledge have been expressed in the context of the guarantees in the Treaty of Waitangi.
Nigeria: Election Laws
In preparation for the 2011 elections, Nigeria has made various changes to laws governing elections, mainly the Electoral Act and the Constitution.
Norway: Norwegian Criminal Law and the July 22, 2011, Massacre
This report examines some of the current legal provisions in Norwegian law that may apply in the Anders Breivik case and concludes with a look at some of the possible social outcomes that have been posited.
Online Privacy Law
These reports describe the data protection laws of the European Union (Part I) and of selected foreign countries (Part II). They describe the legal framework for the collection, use, and transfer of data, and examine whether existing laws are adequate to deal with online privacy in an era of rapid technological development and globalization.
Pakistan: Crisis in the Judiciary
Find information and analysis of the suspension and subsequent reinstatement of the Chief Justice of Pakistan.
Pakistan: Musharraf’s Resignation
This page discusses the events leading up to the crisis in Pakistan following General Pervez Musharraf's resignation from the presidency in 2008, the election of Asif Ali Zardari less than a month later, and related issues. Links are provided to related topics.
Pakistan: Proclamation of Emergency
On November 3, 2007, General Pervez Musharraf, then Chief of Army Staff and the President of Pakistan, issued a Proclamation of Emergency in Pakistan. This page presents an analysis of the constitutionality of the Proclamation, along with links to related topics.
Piracy Trials
The Law Library of Congress has digitized its collection of pre-1923 piracy trials. This historical collection of piracy trials is critical for understanding how the various nations of the world handled piracy issues before the year 1900.
Repatriation of Historic Human Remains
This report concerns laws and policies governing the return of indigenous remains and cultural items in Australia, New Zealand, and the United Kingdom.
Russia: Legal Aspect of War in Georgia
This report reviews legal aspects of Russia’s invasion of Georgia in August 2008 and Russia’s recognition of Georgia’s separatist enclaves’ independence. The report includes an analysis of relevant aspects of international law and Russian domestic law, as well as an evaluation of Russia’s legal justification for its actions. The report also provides historic background of the conflict and commentaries on related laws.
Russia: Parliamentary Elections (PDF)
On December 2, 2007, elections for the State Duma (lower house of the legislature) were held in Russia. For the first time in Russian history, all 450 parliamentary seats were divided among representatives of political parties elected by federal and regional party lists under a proportional electoral system. This page presents a report on the topic. (PDF, 61KB)
Sex Selection & Abortion
This report provides an analysis of laws on the subject of sex selection and abortion in Australia, Canada, India, and New Zealand.
Stimulus Plans: Recent Developments in Selected Countries
This page includes a series of reports summarizing recent developments in economic stimulus packages in selected foreign jurisdictions, such as Argentina, Australia, Brazil, Canada, China, the European Union, France, Germany, Hong Kong, Mexico, Netherlands, New Zealand, the Russian Federation, Singapore, South Africa, Sweden, Taiwan, and the United Kingdom.
United Kingdom: Bribery Act 2010 - Anti-Corruption Legislation with Significant Jurisdictional Reach
This report discusses the enactment in the United Kingdom of the Bribery Act 2010, which replaces the old and fragmented legal structure where bribery was criminalized under the common law and the Prevention of Corruption Acts 1889–1916. The objective of the new Act, which came into force on July 1, 2011, is to provide modern legislation dealing with the increasingly sophisticated, cross-border use of bribery and to make the prosecution of such crimes easier.
United Kingdom: General Election
This page includes a discussion of how general elections are held in the United Kingdom; information on voting criteria, processes, and oversight; privacy concerns related to the electoral register; multilingual ballots; campaign financing; and the possibility of a "hung Parliament."
United Kingdom: Pre-Charge Detention for Terrorist Suspects
This page discusses the United Kingdom’s ongoing efforts to balance national security concerns and protection of civil liberties as it faces the issue of terrorism. Links are provided to related topics.
United States: Citizens United v. FEC and the Future of Federal Campaign Finance Reform
This page discusses the U.S. Supreme Court case of Citizens United v. Federal Election Commission, which will test the constitutionality of important elements of federal campaign finance legislation.
United States: The Constitution
Assembled here are books, articles, and congressional testimony regarding separation of power issues in the United States: constitutional interpretation, executive privilege, military tribunals, national security whistleblowers, presidential inherent powers, presidential signing statements, second amendment, state secrets privilege, war powers, and, war powers resolution.
United States: Fourteenth Amendment and Citizenship
Law Library of Congress page on the Fourteenth Amendment and the history of the citizenship clause.
United States: State Legislation on Comprehensive Health Care Coverage
As the national debate on health care continues, state laws provide small-scale models of legislation that might be implemented on a larger scale. This page provides an overview of related legislation in Hawaii, Maine, Massachusetts, and Vermont as well as links to state codes.
United States: Supreme Court Nominations
This page provides links to selected resources, nomination documents, and Web resources related to the nomination process.
Last Updated: 10/15/2012
