““You Want Me To Research You Want Me To Research WHAT?!”WHAT?!”

(Getting Background & (Getting Background & Keeping Current)Keeping Current)

Jennifer BehrensJennifer BehrensApril 7, 2008April 7, 2008

Today’s AgendaToday’s Agenda

Getting BackgroundGetting Background– Research StrategiesResearch Strategies– Legal EncyclopediaLegal Encyclopedia– Legal Journals and News SourcesLegal Journals and News Sources– Other Secondary SourcesOther Secondary Sources

Keeping CurrentKeeping Current– Alert Services in Lexis/WestlawAlert Services in Lexis/Westlaw– Legal BlogsLegal Blogs– RSS feedsRSS feeds

Getting BackgroundGetting Background

Research StrategiesResearch Strategies

Research StrategiesResearch Strategies

Ask a Librarian!Ask a Librarian! Online research guidesOnline research guides

– Zimmerman’sZimmerman’s on Lexis on Lexis– Library Research GuidesLibrary Research Guides

Research guidebooksResearch guidebooks– By jurisdictionBy jurisdiction– By subjectBy subject

Online Research GuidesOnline Research Guides

Zimmerman’sZimmerman’s (LexisNexis) (LexisNexis)http://www.lexisnexis.com/infopro/zimmermanhttp://www.lexisnexis.com/infopro/zimmerman ““Online encyclopedia for legal Online encyclopedia for legal

researchers.”researchers.” Free; no Lexis login required.Free; no Lexis login required. Provides tips and tricks for Provides tips and tricks for

researching a wide variety of topics, researching a wide variety of topics, with links to many free resources.with links to many free resources.

Topics include legal as well as non-legal (e.g., researching specific industries).

Can browse the alphabet or search by keywords.

Includes a bit of contextual background, links to free (and paid) resources, and suggested search terms.

Online Research GuidesOnline Research Guides

Custom SearchCustom Search

Cornell’s engine uses a Cornell’s engine uses a Google Custom Google Custom SearchSearch ( (http://www.google.com/coop/cse/http://www.google.com/coop/cse/) to look across selected law libraries.) to look across selected law libraries.

Not all law school research guides are Not all law school research guides are included.included.

If you do a lot of research for a particular If you do a lot of research for a particular state’s laws, create your own custom state’s laws, create your own custom search for the research guides of all of the search for the research guides of all of the law school libraries in that state.law school libraries in that state.

Research GuidebooksResearch Guidebooks

Research guidebooks are published Research guidebooks are published for all 50 states and the District of for all 50 states and the District of Columbia. Columbia.

There are also many guides to There are also many guides to research on specific topics (e.g., tax, research on specific topics (e.g., tax, intellectual property, etc.). intellectual property, etc.).

Search Search WorldCat WorldCat ((http://www.worldcat.orghttp://www.worldcat.org) for titles, or ) for titles, or ask your firm librarian.ask your firm librarian.

Getting BackgroundGetting Background

Legal TopicsLegal Topics

Legal EncyclopediaLegal Encyclopedia

Legal encyclopedias are a great way to Legal encyclopedias are a great way to quickly find background information quickly find background information on a topic, with references for further on a topic, with references for further reading. reading.

Am JurAm Jur / / CJSCJS State-specific encyclopediasState-specific encyclopedias WexWex (Cornell LII) (Cornell LII)

American JurisprudenceAmerican Jurisprudence 2d2d (AmJur) (AmJur)

Published in print by West, and Published in print by West, and available online in both available online in both LexisLexis and and WestlawWestlaw..

Practice with the print- it’s much Practice with the print- it’s much cheaper than accessing online!cheaper than accessing online!

Organized by alphabetical legal Organized by alphabetical legal topics and divided into outline topics and divided into outline sections.sections.

Corpus Juris Secundum (CJS)Corpus Juris Secundum (CJS)

Published in print by West, and Published in print by West, and available online only on available online only on Westlaw.Westlaw.

Similar to AmJur, but provides more Similar to AmJur, but provides more extensive extensive case referencescase references..

Alphabetical topic outline differs from Alphabetical topic outline differs from AmJur in places.AmJur in places.

State-Specific EncyclopediaState-Specific Encyclopedia

Many states have their own Many states have their own jurisdiction-specific encyclopedia.jurisdiction-specific encyclopedia.

Some may be available on Some may be available on Lexis/Westlaw.Lexis/Westlaw.

A good list is available at the Harvard A good list is available at the Harvard Law Library: Law Library: http://www.law.harvard.edu/library/services/research/http://www.law.harvard.edu/library/services/research/guides/united_states/basics/alr_legal_encyclopedias.pguides/united_states/basics/alr_legal_encyclopedias.phphp

New York Jurisprudence 2d

WexWex

http://www.law.cornell.edu/wex/http://www.law.cornell.edu/wex/ The Wikipedia of legal research (for The Wikipedia of legal research (for

better or for worse)better or for worse)– FreeFree– Collaboratively edited (with more control Collaboratively edited (with more control

than Wikipedia)than Wikipedia)– Divided into “definitions” and “law Divided into “definitions” and “law

about…” sectionsabout…” sections– Links for further researchLinks for further research

Legal Journals and NewsLegal Journals and News

Legal journals and newspapers can Legal journals and newspapers can be a great source for information on be a great source for information on a topic.a topic.

Law review articles can also provide Law review articles can also provide good background (e.g., legislative good background (e.g., legislative history), but may not be as helpful history), but may not be as helpful for newer, cutting-edge legal topics.for newer, cutting-edge legal topics.

There is a difference between searching “keyword” and “entire document” in this database– “keyword” looks only in selected parts of the article.

To search for a term in the full text, use “entire document”.

Results sorted by type of publication – let’s look at each more closely.

Academic Journals (Law Reviews)Academic Journals (Law Reviews)

The backbone of legal scholarship is The backbone of legal scholarship is student-edited student-edited law reviewslaw reviews, which , which publish publish articlesarticles from professors as from professors as well as student-authored well as student-authored notesnotes..

Can range from examination of a Can range from examination of a single case to a history of an entire single case to a history of an entire legal doctrine.legal doctrine.

Give extensive footnote references Give extensive footnote references for further research.for further research.

Law ReviewsLaw Reviews

LexisLexis and and WestlawWestlaw offer full-text of many offer full-text of many law reviews and legal journals, generally law reviews and legal journals, generally dating back to around 1980. dating back to around 1980.

HistoricalHistorical law review and journal articles law review and journal articles can be found in PDF in many databases, can be found in PDF in many databases, such as such as HeinOnlineHeinOnline and and JSTORJSTOR..

Pre-publication articles might be posted Pre-publication articles might be posted free on the journal’s web site, or free on the journal’s web site, or SSRNSSRN ( (http://http://www.ssrn.comwww.ssrn.com).).

Magazines (Legal Journals)Magazines (Legal Journals)

Bar association journals can be a Bar association journals can be a good place to locate articles about good place to locate articles about current or pending cases.current or pending cases.

Articles are written with the Articles are written with the practicing lawyer in mind (i.e., what practicing lawyer in mind (i.e., what impact will this case have on future impact will this case have on future arguments in this area of law?).arguments in this area of law?).

Legal NewsLegal News

Legal newspapers and newsletters Legal newspapers and newsletters are another source for practicing are another source for practicing attorneys to read about the latest attorneys to read about the latest cases and settlement information.cases and settlement information.

Law.comLaw.com is a mega-site from the is a mega-site from the publishers of several major legal publishers of several major legal papers. Free registration.papers. Free registration.

Not Full-Text?Not Full-Text?

If you have a citation to an article, If you have a citation to an article, but could not find the full text, check but could not find the full text, check the Law Library’s the Law Library’s Online Full-Text Journal linkOnline Full-Text Journal link..

Will lead you to full-text sources for a Will lead you to full-text sources for a particular journal or newspaper title, particular journal or newspaper title, other than Lexis and Westlaw.other than Lexis and Westlaw.

Not Full-Text?Not Full-Text?

If your firm has a library, they may If your firm has a library, they may have a subscription, either in print or have a subscription, either in print or with an online password.with an online password.

Check with your firm librarian about Check with your firm librarian about obtaining the full-text of specific obtaining the full-text of specific sources.sources.

Other Secondary SourcesOther Secondary Sources

NutshellsNutshells HornbooksHornbooks TreatisesTreatises American Law ReportsAmerican Law Reports 50 State Surveys50 State Surveys Pattern Jury InstructionsPattern Jury Instructions

NutshellsNutshells

Concise, pocket-size Concise, pocket-size outlines of the “general outlines of the “general rules” on a legal topic.rules” on a legal topic.

Good background, not-so-Good background, not-so-good authority (i.e., good authority (i.e., don’t cite in memo!!)don’t cite in memo!!)

Published by West, but Published by West, but notnot available on Westlaw available on Westlaw (on Duke passwords, at (on Duke passwords, at least).least).

HornbooksHornbooks

HornbooksHornbooks – larger, one- – larger, one-volume discussions of an volume discussions of an area of law. area of law. Provide more citations Provide more citations than a nutshell (i.e., will than a nutshell (i.e., will lead you to important lead you to important cases). Also considered cases). Also considered more more scholarly/authoritative.scholarly/authoritative.Published by West but Published by West but notnot available on Westlaw. available on Westlaw.

TreatisesTreatises

Expansive, multi-volume sets of Expansive, multi-volume sets of analysis on a legal topic, written by analysis on a legal topic, written by leading law scholars.leading law scholars.Provide a lot of footnote references. Provide a lot of footnote references. Considered scholarly and Considered scholarly and authoritative—courts often cite.authoritative—courts often cite.Major titles published by Major titles published by WestWest (available on Westlaw) and (available on Westlaw) and Matthew Matthew BenderBender (available on Lexis). (available on Lexis).

Harvard Law Library – Harvard Law Library – Treatises by Subject listTreatises by Subject list

American Law ReportsAmerican Law Reports

Lengthier encyclopedia-like entries Lengthier encyclopedia-like entries (called “(called “annotationsannotations”).”).

Provide more discussion and analysis Provide more discussion and analysis of the “general rule” and link to an of the “general rule” and link to an extensive number of cases, arranged extensive number of cases, arranged by jurisdiction.by jurisdiction.

Published in print by West and Published in print by West and available online only in available online only in WestlawWestlaw..

In practice, it might be easier and more cost-effective to look in the print index and use print volumes of ALR.

If you must search online, a good trick is to restrict at least some of your search terms to the title field.

ALR does not attempt to be comprehensive – there may not be an annotation precisely on point.

But if you can find one, it will give you a lot of case references, sorted by topic and jurisdiction.

50 State Surveys50 State Surveys

50 state surveys compile the laws on 50 state surveys compile the laws on a particular topic from all a particular topic from all jurisdictions; provide researchers jurisdictions; provide researchers with easy access to specific code with easy access to specific code sections for a topic.sections for a topic.

Search “fifty state survey” in Search “fifty state survey” in WorldCat (WorldCat (www.worldcat.orgwww.worldcat.org) to find ) to find titles on a particular topic, or use a titles on a particular topic, or use a general overview source.general overview source.

50 State Surveys50 State Surveys

National Survey of National Survey of State LawsState Laws (Ref KF 386 (Ref KF 386 .N38 2008) gives .N38 2008) gives tables of state code tables of state code sections on various sections on various topics.topics.

Available in Westlaw Available in Westlaw as the SURVEYS as the SURVEYS database.database.

Clicking on a survey topic brings up a text version with links to state statutes; there is also an option to download as PDF.

50 State Surveys50 State Surveys

Westlaw also offers a separate Westlaw also offers a separate database of regulatory surveys, database of regulatory surveys, which link to administrative codes.which link to administrative codes.

Tend to focus on heavily technical Tend to focus on heavily technical areas like environmental law, health areas like environmental law, health care, and tax.care, and tax.

Access by short name REG-SURVEYS.Access by short name REG-SURVEYS.

50 State Surveys50 State Surveys

Lexis also offers 50 state legislative Lexis also offers 50 state legislative and regulatory surveys, although and regulatory surveys, although they are in a combined database.they are in a combined database.

Each survey is priced at $125.00 Each survey is priced at $125.00 (which sounds expensive, but is a (which sounds expensive, but is a deal compared to searching in “All 50 deal compared to searching in “All 50 State Codes” database!).State Codes” database!).

Can be saved as spreadsheet with Can be saved as spreadsheet with active links to the code sections.active links to the code sections.

Pattern Jury Instructions (PJI)Pattern Jury Instructions (PJI)

Pattern Jury Instructions (PJI) are Pattern Jury Instructions (PJI) are delivered by judges to a jury, to delivered by judges to a jury, to explain the causes of action and explain the causes of action and issues.issues.

They often include case references They often include case references and clear descriptions of the and clear descriptions of the elements and causes which must be elements and causes which must be proven in order for a party to prevail. proven in order for a party to prevail.

Pattern Jury InstructionsPattern Jury Instructions

Sometimes called “Model” jury Sometimes called “Model” jury instructions, depending upon state.instructions, depending upon state.

Often posted freely on state court’s Often posted freely on state court’s web site.web site.

Occasionally, only published in print, Occasionally, only published in print, or exclusive online access in Lexis, or exclusive online access in Lexis, Westlaw, Loislaw, or Casemaker.Westlaw, Loislaw, or Casemaker.

Keeping CurrentKeeping Current

Alert ServicesAlert Services

Both Lexis and Westlaw offer search Both Lexis and Westlaw offer search alerts, to re-run your search terms at alerts, to re-run your search terms at various intervals or to alert you when various intervals or to alert you when new items appear in a new items appear in a Shepard’s/KeyCite report.Shepard’s/KeyCite report.

You can set up alerts from any individual case or search results screen.

Access all of your existing alerts and create new Shepard’s alerts at the Alerts tab.

Create and manage alerts from this screen.

Other Terms & Connector searches in Westlaw will have a link to “Add Search to WestClip”.

““Looseleaf” ServicesLooseleaf” Services

Lawyers used to receive updates in Lawyers used to receive updates in particular areas of law through particular areas of law through looseleaf serviceslooseleaf services, which sent new , which sent new issues/pages at various intervals.issues/pages at various intervals.

Many of these services have moved Many of these services have moved to electronic formats, although some to electronic formats, although some libraries still receive in paper.libraries still receive in paper.

See See Bluebook T15Bluebook T15 for a list of for a list of services.services.

BNA includes U.S. Law Week (recent and pending U.S. Supreme Court decisions); Criminal Law Reporter; Environment Reporter; Securities Regulation and Law Report; many other specialized titles.

CCH titles include the Standard Federal Tax Reporter; Medicare and Medicaid Guide; Corporation Report Bulletin.

Another publisher, RIA (further down this listing), includes other tax-related services.

You can receive these issues by email or read at the sites.

Click “Home” to sign up for email updates.

Scroll to bottom of the home page and choose “E-mail preferences”.

Legal BlogsLegal Blogs Legal blogs (a.k.a. “Legal blogs (a.k.a. “bblawlawgsgs”) ”)

exist for virtually every exist for virtually every specialized legal topic, specialized legal topic, although they vary in quality although they vary in quality and frequency of updates.and frequency of updates.

◊Check the Library’s “Legal Links” page for Check the Library’s “Legal Links” page for Legal Blogs to locate blawg directories and Legal Blogs to locate blawg directories and search engines.search engines.

◊http://www.law.duke.edu/lib/blogs

RSS FeedsRSS Feeds

Blogs and many government web sites Blogs and many government web sites offer offer RSS (Really Simple Syndication) RSS (Really Simple Syndication) feedsfeeds,, which automatically notify you of which automatically notify you of changes or additions to the site.changes or additions to the site.

You need to “subscribe” to the feed You need to “subscribe” to the feed through an aggregator service, such as through an aggregator service, such as Google ReaderGoogle Reader or or Simply RSSSimply RSS (on (on Facebook).Facebook).

Look for a link which says “RSS” or Look for a link which says “RSS” or “Subscribe”, or this symbol: “Subscribe”, or this symbol:

RSS FeedsRSS Feeds

Paste the RSS feed address (usually Paste the RSS feed address (usually ends in .xml or .rss) into your ends in .xml or .rss) into your aggregator.aggregator.

As new posts are made, they will As new posts are made, they will appear in your aggregator – no need appear in your aggregator – no need to check each individual site.to check each individual site.

Upcoming Research RefreshersUpcoming Research Refreshers

All classes* take place from 12:15-1:15 in All classes* take place from 12:15-1:15 in room 4172.room 4172.

Tuesday 4/8Tuesday 4/8: Life After Rewards Points: : Life After Rewards Points: Free & Cheap Legal ResearchFree & Cheap Legal Research

Thursday 4/10Thursday 4/10: Putting it All Together: : Putting it All Together: Taking a Work Assignment from Start to Taking a Work Assignment from Start to FinishFinish

Friday 4/11Friday 4/11: Business Law Boot Camp : Business Law Boot Camp (*a special 2-part, 3-hour refresher; (*a special 2-part, 3-hour refresher; students can opt to attend the first or both students can opt to attend the first or both parts)parts)