research review for intensive legal writing by connie strittmatter may 30, 2006
TRANSCRIPT
Research Review for Intensive Legal Writing
ByConnie Strittmatter
May 30, 2006
Topics Covered
Online Catalog (books) LegalTrac (law review articles) ALR-(secondary sources and case
annotations) Digests (cases) Annotated Codes (laws) Legislative Histories (history of laws) CFR/Federal Register (regulations)
Research Scenario
You are working for a law firm and the managing partner asks you to research whether the failure to permit a female employee to extend her maternity leave so she can continue to breastfeed her baby is in violation of the Pregnancy Discrimination Act.
Treatises
Expositions by legal writers on case law and legislation pertaining to a particular subject and published in book form.
Characteristics of Treatises 1). Table of Contents 2). Table of Cases 3). Subject Matter (the text) 4). Supplementation 5). Index.
Online Catalog
Library Catalog- the online catalog can be used to locate books on a subject.
Law Reviews
Law review articles analyze and describe the law
Any legal periodical will contain articles on employment or gender law, but some periodicals are specific to the subject. Ex. Harvard Journal of Law & Gender, Duke Journal
of Gender Law & Policy, Berkeley Journal of Employment and Labor Law, and University of Pennsylvania Journal of Labor and Employment Law.
LegalTrac
Web based database containing citations to law review and legal newspaper articles.
coverage from 1980 -present
American Law Reports (ALR) Excellent secondary source
Expository essays on significant legal topics
Analysis and synthesis of cases on given topic
ALR Index
130 ALR Fed 473
ALR Article
ALR References42 USCS 2000e(k)
CFR 1604.10
ALR References
Civil Rights 162, 387
ALR References
Breastfeeding §32
Digests
Subject arrangement
Contain brief descriptive abstracts on point of law contained in a case
Universal numbering system
Digests-Access Points
Topical Outline
Descriptive Word Index
Steps to researching in the digest Using the Descriptive Word Index or
Topical Outline, locate the relevant topics and key numbers.
Go to the digest volumes and read the headnotes under the topic and key number noting relevant cases
Steps to researching in the Digest Update digest search with pocket
parts, supplementary pamphlets, interim digest volumes (closing tables) and digest sections of reporters or advance sheets
Always read the full text of the case
Digest-Descriptive Word Index
Employment DiscriminationCivil R 162
Digest Entries
Wallace v. Pyro Min. Co.789 F.Supp. 867
Wallace v. Pyro Min. Co.
Digest Entry
Digests-Additional Features
Table of cases
Words and Phrases
Annotated Codes
Topical arrangement of laws that are currently in force
Annotations
Currency
Annotated Codes
Access Points General Index Title Index Popular Names Table
Steps to researching in the annotated codes Using the General Index or Title
Index or Popular Names Table locate the relevant sections.
Locate sections in main volume of the set
Review annotations
Steps to researching in the annotated codes Using the pocket part and advance
legislative service, update the statute
Shepardize to make sure no court decisions declared statute unconstitutional.
Popular Names Table
Pub.L. 95-555, Oct. 31, 1978,92 Stat. 2076 (42 §2000e(k))
42 USCA 2000e(k)
Legislative Histories
Documents relating to the passage or rejection of a proposed law
Used to define legislative intent
Can be very time consuming
Results may be ambiguous
Components of a Legislative History
Bill (in all its variations) Committee hearings Committee reports Congressional debates Presidential approval or veto
message
Compiled Legislative Histories Sources of Compiled Legislative
Histories
Federal Legislative Histories: an Annotated Bibliography and Index to Officially Published Sources
Union List of Legislative Histories
Getting Started
Identify the statute
Locate public law numbers for original enactment and pertinent amendments
Finding aids when researching in print resources United States Code Congressional
and Administrative News Contains public laws
Legislative history volume
Not comprehensive; use for an overview
USCCAN-Public Law
Legislative HistoryHOUSE REPORTS: No. 95-948 accompanying H.R. 6075 (Comm. On Education andLabor and No. 95-1786 (Comm. Of Conference). SENATE REPORT no 95-331 (Comm. On Human Resources).CONGRESSIONAL RECORD:Vol. 123 (1977): Sept. 15, 16, considered and passed SenateVol. 124 (1978): July 18, H.R. 6075 considered and passed House; proceedings vacated and S.995, amended, passed in lieu.
Oct. 13, Senate agreed to conference report Oct. 15, House agreed to conference report
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:Vol. 14, No. 44 (1978): Oct. 31, Presidential statement
Citations to Leg. History documents
For Legislative
History of Act, see p. 4749
USCCAN-Legislative History
Excerpt from House Report
95-948
Online Resources and Websites Congressional Universe (library
database) Locate citations to legislative documents
from 1789-present Bills 1989-present Committee reports 1990-present Congressional Record 1985-present Hearings 1988-present
Federal Regulations
Definition: rules or orders issued by various governmental departments to carry out the intent of the law
Enabling act is legislation that creates an agency
Promulgating Regulations Proposed regulation is published
Comment Period
Agency publishes the final regulation
Where are they published? Federal Register
Published weekdays
Federal Register publishes: Proposed regulations Final regulations Notices Presidential documents
Federal Register
Citation: 68 Fed. Reg. 23659 (2003)
Indexes Monthly cumulative indexes CIS Federal Register index
All the current federal regulations are codified in:
The Code of Federal Regulations (CFR)
The CFR is arranged by….
Title (subject)Chapter (agency)
Part (topic of agency function) Section
CFR Regulation
PART 1604 – GUIDELINES ONDISCRIMINATION BECAUSE OF SEXSEC.1604.1 General principles1604.2 Sex as a bona fide occupational
Qualification1604.3 Separate lines of progression and
Seniority systems1604.4 Discrimination against married Women1604.5 Job opportunities advertising1604.6 Employment agencies1604.7 Pre-employment inquiries as to sex1604.8 Relationship of title VII to the EqualPay Act1604.9 Fringe benefits1604.10 Employment policies relating to
Pregnancy and childbirth1604.11 Sexual harassment
APPENDIX TO PART 1604-QUESTIONSAND ANSWERS ON THE PREGNANCYDISCRIMINATION ACT, PUBLIC LAW 95-555,92 STAT. 2076 (1978)
CFR Index and Finding Aids Index Parallel Table of Authorities & Rules List of CFR Titles, Chapters,
Subchapters & Parts Alphabetical list of agencies
CFR IndexSex Discrimination – Guidelines
16 CFR 1604
CFR-Table of Authorities
2000e et seq …..29 Parts 1604-1606
CFR-List of CFR Titles, Chapter, Subchapters, and Parts
Title 29 - Labor
Chapter XIV – Equal EmploymentOpportunity Commission
1604-Guidelines on discriminationbecause of sex
CFR- List of agencies
Equal Employment OpportunityCommission . . . .. . . 5, LXII; 29, XIV
Other Indexes
USCS - CFR Index & Finding Aids
CIS - Index to the Code of Federal Regulations
Publication Schedule
January 1 - titles 1 through 16 April 1 - titles 17 through 27 July 1 - titles 28 through 41 October 1 - titles 42 through 50
To see if your regulation has recently been amended: Look at the cover of your CFR volume to
see how current it is.
Revised as of July 1, 2005
List of Sections Affected (LSA) Find the most recent LSA: List of CFR
Sections Affected. Look at the dates on the first page of the LSA to see how current it is.
LSA-Title Page
Title 28-41 Changes July 2, 2002 through March 31, 2003
List of Sections Affected Your regulation will be listed in the LSA if
it has been amended or repealed. Look for any proposed regulations, which
are listed at the end of each title. Refers you to the Federal Register
LSA-Title 29 sections affected
Section 1604 is not listed
Further Updating
Check the last issue of each month of the Federal Register not included in the LSA. April 2006 May 2006
Look at the table in the back of each of these issues of the Federal Register called CFR Parts Affected During this month.
CFR and Fed. Reg. Online GPO Access
CFR-http://www.gpoaccess.gov/cfr/ Fed. Reg.-http://www.gpoaccess.gov/fr/
Cornell Law School http://www4.law.cornell.edu/cfr/
Lexis, Westlaw, Congressional Universe, etc
LSA Online
http://www.access.gpo.gov/nara/lsa/aboutlsa.html
Westlaw –RegulationsPlus
First annotated CFR User-friendly index Browse Table of Contents