Where the Law Is:An Introduction to Advanced Legal Research / Edition 4

Where the Law Is:An Introduction to Advanced Legal Research / Edition 4

by J.D.S. Armstrong
     
 

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ISBN-10: 0314282335

ISBN-13: 9780314282330

Pub. Date: 10/28/2012

Publisher: West Academic

This newly updated textbook and course reference is designed specifically for advanced legal research classes and for upper-level students who want to achieve a better understanding of how to use the sources of legal information that they learned about in their introductory courses. It provides in-depth guidance through the research process, advice on format selection

Overview

This newly updated textbook and course reference is designed specifically for advanced legal research classes and for upper-level students who want to achieve a better understanding of how to use the sources of legal information that they learned about in their introductory courses. It provides in-depth guidance through the research process, advice on format selection, and detail about the tools and techniques needed to function as skilled legal researchers. Up to date discussion of all media is fully integrated throughout. It focuses on the types of information the researcher needs, rather than on descriptions of particular information products.

The fourth edition discusses all the newest material available to legal researchers including:

  • New sources of information on the Internet, including FDsys
  • New subscription databases, including ProQuest Congressional
  • New interface designs and features from the leading online vendors, including WestlawNext, Lexis Advance, and and Bloomberg Law
The fourth edition also features extensively updated material and new chapters on municipal law, court rules, and form books.

Product Details

ISBN-13:
9780314282330
Publisher:
West Academic
Publication date:
10/28/2012
Series:
American Casebook Series
Edition description:
New Edition
Pages:
288
Product dimensions:
7.30(w) x 9.90(h) x 0.60(d)

Table of Contents

Location of Tables xix

Chapter 1 Advanced Legal Research: Getting Started 1

1.1 What This Book Is About 1

1.2 What This Book Is Not About 2

1.3 Why You Must Make a Research Plan 2

1.4 Documenting What You Find: Citations 3

1.5 Documenting What You Find: Formats 4

1.6 What Source to Use? 5

1.7 Following Tangents: How Much Is Too Much? 6

1.8 How to Make a Research Plan 7

1.9 Best Uses of Full Text Searching 9

1.10 Best Uses of Field-Limited Searching 10

1.11 Best Uses of Searching Subject Indexed/Edited Data 10

1.12 What You Are Going to Look For 12

Table 1.A 13

Chapter 2 Statutes 14

2.1 Statutes First 14

2.2 Codes 14

2.3 Working With a Statutory Code Index 15

Table 2.A Selected Sources for the United States Code 16

2.4 Terms to Look Up in Code Indexes 18

2.5 Distinctions Between Code Indexes 19

2.6 Using a Code Index Online 20

2.7 Finding the Statute by Finding a Case 22

2.8 Working With the Structure of the Code 22

2.9 Code Currency 25

2.10 Choosing a Format in Which to Do Your Code Research 27

2.11 Choosing a Code Source 28

2.12 Codes of the Past 29

2.13 Renumbered Codes 30

2.14 Session Laws 31

2.15 Using Session Laws to Update the Code 31

Table 2.B Sources for United States Session Laws 32

2.16 Using Session Laws to Find New Laws Without Reference to Earlier Code Sections 34

Table 2.C Sources for New Federal Session Laws 35

2.17 Citations to Session Laws 37

2.18 Choosing a Source for Session Laws 38

2.19 Finding Laws That Will Never Make It Into the Code 40

2.20 Updating Uncodified Session Laws 41

2.21 Statutes More Conveniently Discussed in Their Original Session Law Form 42

2.22 Session Law Nomenclature vs. Code Nomenclature 42

2.23 Session Laws as Authentication of Code Language 43

2.24 Getting From a Code Section to Its Source in the Session Laws 45

2.25 Monster Session Laws: Omnibus Statutes 46

2.26 Reading the Session Law as an Aid to Understanding the Code 47

2.27 Finding Statutes by "Name" 48

2.28 Getting From a Session Law to the Corresponding Code Sections 49

2.29 Finding Bills 50

2.30 Finding a Bill by Subject 50

Table 2.D Online Sources of Congressional Bills 51

2.31 Finding a Bill by Bill Number, by Date, or by Sponsor 52

2.32 Cases Interpreting Statutes 53

2.33 Finding Cases in an Annotated Code 53

2.34 Currency of the Case Annotations 55

2.35 Revision of the Annotations 56

2.36 Cases Included in the Annotations 56

2.37 Case Annotations in Specialized Sources 57

2.38 Using a Citator to Find Cases Interpreting a Statute 57

Table 2.E Examples of Specialized Sources of Statute Annotations and How They Work 58

2.39 Using Full Text Searching to Find Cases Interpreting a Statute 59

2.40 Special Issues in State Statutory Research 60

Table 2.F Some Sources of Comparative State Statutes 62

Chapter 3 Legislative History 63

3.1 Legislative History: When and Why? 63

3.2 Compiled Legislative Histories 63

3.3 Types of Legislative History Documents 64

Table 3.A Selected Sources of Compiled Federal Legislative Histories 65

3.4 Committee Reports 67

Table 3.B Sources for Committee Reports 68

3.5 Identifying Committee Reports About a Known Statute or Bill 70

3.6 Accessing Congressional Committee Reports 74

3.7 Finding Committee Reports by Subject 74

3.8 Identifying Congressional Committee Hearings 76

3.9 Accessing Congressional Committee Hearings 78

Table 3.C Sources of Committee Hearings 79

3.10 Unpublished Hearings 80

3.11 Identifying and Locating Committee Prints and House and Senate Documents 81

3.12 Identifying and Locating Bills as a Source of Legislative History 82

3.13 The Congressional Record 83

Table 3.D Sources of the Congressional Record 85

3.14 Congressional Record Pagination 86

3.15 Congressional Record Indexing 87

3.16 State Legislative History 88

Chapter 4 Introducing Secondary Sources: Law Review Articles 89

4.1 Law Reviews as a Tool for the Legal Researcher 89

4.2 Finding Law Review Articles 90

Table 4.A Selected Legal Periodical Indexes 91

4.3 Looking for Articles by Subject 92

4.4 Looking for Articles by Case Name or Citation 93

4.5 Looking for Articles About a Statute 94

4.6 Looking for an Article by a Particular Author 95

4.7 Evaluating the Usefulness of Law Review Articles 96

Table 4.B Examples of Sources for Working Papers in Law 99

4.8 Using the Footnotes in Law Review Articles 100

Table 4.C Selected Dictionaries of Legal Abbreviations 101

Chapter 5 Cases 103

5.1 The Core of Our Enterprise 103

5.2 Finding All the Right Cases 103

5.3 Full Text Searching of Case Law Databases 104

5.4 Using Subject Indexes to Case Law: Digests and the Key Number System on Westlaw 107

Table 5.A Principal Components of the American Digest System 108

5.5 Finding a Topic and Key Number 109

5.6 Changes to the Topics and Key Numbers 111

5.7 Working With Key Numbers 111

5.8 Getting the Most Recent Key Number Indexing 112

5.9 Other Subject-Based Searching for Cases 113

5.10 Finding Cases by Name 114

Table 5.B Some Examples of Non-West Subject Indexes to Cases 115

5.11 Finding Cases by Citation 116

5.12 Nominative and Other Unfamiliar Reporters 116

5.13 Docket Numbers 117

5.14 Other Citation Wrinkles 118

5.15 Using Indexed and Full Text Searching Together: The Heart of the Case Research Process 119

5.16 Researching the Authority for What Seems Like a Hoary or Even Self-Evident Well-Established Principle 120

5.17 Proving the Negative 120

5.18 When to Stop 120

5.19 Federal Case Law 121

5.20 Supreme Court Cases 121

Table 5.C Selected Sources of Scotus Opinions 123

5.21 The United States Courts of Appeals 124

Table 5.D Selected Sources for Scotus Records and Briefs 125

Table 5.E Selected Sources for Scotus Oral Arguments 126

Table 5.F Selected Sources for Federal Courts of Appeal Cases 128

Table 5.G Selected Sources of Court of Appeals Records and Briefs 129

5.22 United States District Courts 130

Table 5.H Selected Sources of Federal District Court Cases 131

5.23 State Case Law 132

5.24 Updating Case Law Research 134

Chapter 6 Introducing Secondary Sources: Treatises and Other Overviews 137

6.1 Treatises 137

Table 6.A Sources for Lists of Prominent Treatises 138

6.2 Restatements of the Law 140

6.3 Encyclopedias 141

6.4 American Law Reports: The ALR 142

Chapter 7 Introducing Secondary Sources: Form Books and Jury Instructions 144

7.1 Form Books 144

7.2 A Word of Caution About Forms 145

7.3 General Collections of Forms 145

7.4 Subject-Specific Collections of Forms 146

7.5 Jurisdiction-Specific Collections of Forms 147

7.6 Pattern Jury Instructions 147

Chapter 8 Sources of Administrative Law 149

8.1 Introduction to Administrative Law Research 149

8.2 Sources of Administrative Law: The Federal Register 151

Table 8.A Where to Find the Federal Register 153

8.3 Rules and Regulations Section of the Federal Register 155

8.4 Proposed Regulations Section of the Federal Register 157

8.5 Notices Section of the Federal Register 157

8.6 Reader Aids Section of the Federal Register 158

8.7 How the Federal Register Is Actually Used in Legal Research 158

8.8 Sources of Administrative Law: The Code of Federal Regulations 160

8.9 CFR Basics 160

Table 8.B Where to Find the Code of Federal Regulations 161

Table 8.C Dates of Annual Revision of CFR Titles 163

8.10 Structure of the CFR 164

8.11 Titles of the CFR 164

Table 8.D Titles of USC and CFR Compared 165

8.12 Chapters of the CFR 167

8.13 Parts of the CFR 168

8.14 Sections of the CFR 168

8.15 How to Use the CFR 169

8.16 Updating a CFR Section 170

8.17 A Better Way: The List of Sections Affected 170

8.18 Electronic CFRs With Rolling Updates 171

8.19 Administrative Hearings and Other Quasi-Judicial Proceedings 172

8.20 State Administrative Law Research 174

Chapter 9 Introducing Secondary Sources: Looseleaf Services 176

9.1 Introduction: What This Chapter Is About 176

9.2 What Are Looseleafs Used For? 177

9.3 The Different Kinds of Looseleafs 179

9.4 Using a Newsletter-Style Looseleaf 182

9.5 Using an Interfiled Looseleaf 183

9.6 What Is Not in Looseleafs? 184

9.7 Finding a Looseleaf on Your Topic 185

9.8 Online Versions of Looseleafs 186

Chapter 10 Court Rules 189

10.1 What Are Court Rules and Why Do They Matter? 189

10.2 Federal Court Rules 190

10.3 Finding Annotated Federal Court Rules, General and Local 190

10.4 Secondary Sources and Federal Rules 191

Table 10.A Selected Sources of Annotated Federal Court Rules 192

10.5 Federal Court Rules Judicially Considered 193

10.6 Using Citators for Updating Federal Court Rules 194

10.7 State Court Rules 194

10.8 Annotated State Court Rules 195

Chapter 11 Legal Ethics Research 196

11.1 Introduction to Legal Ethics Research 196

11.2 Model and Uniform Laws Generally 197

11.3 Sources of Authority-American Bar Association Ethical Codes and Rules 198

11.4 Sources of Authority-State Law 199

11.5 Sources of Authority-"Case Law" Publications 199

11.6 Sources of Authority-Secondary Sources 201

11.7 How Legal Ethics Research Really Works 202

Table 11.A Recommended Websites for Legal Ethics Information 204

Chapter 12 Foreign Law Research 205

12.1 Introduction to Foreign Law 206

12.2 Major World Legal Systems 206

12.3 Guides to Legal Research in Foreign Jurisdictions 207

12.4 Methods of Foreign Law Research 208

Table 12.A Selected Online Foreign Law Research Guides 209

Chapter 13 International Law 211

13.1 Sources of International Law 212

13.2 Treaty Research 212

Table 13.A Recommended Treaty Websites 214

13.3 Intergovernmental Organizations 215

13.4 The European Union 216

13.5 European Union-Secondary Sources 216

13.6 European Union-Statutes 217

13.7 European Union-Case Law 218

13.8 European Union-Summing Up 218

Chapter 14 Municipal Law Research 220

14.1 Municipal Law: When, Why and How 220

14.2 Municipal Charters 221

14.3 Municipal "Session Laws" 221

14.4 Municipal Statutory Codes 222

14.5 Municipal Decisional Law 222

14.6 Doing Comparative Research on Municipal Law 223

14.7 Administrative Regulations and Decisions on the Municipal Level 224

Chapter 15 Where the Law Is 225

15.1 General Principles 225

15.2 Look for Basic Structures 225

15.3 Estimate What Form Your Answer Will Come In 226

15.4 Your Strategy Will Depend Upon Your Starting Point. What Do You Know Now? 227

15.5 The Less You Know, The More Certainly You Need Secondary Sources 227

15.6 Secondary Leads to Primary, But There Are Other Ways Around the Circle 227

15.7 Official Publications Often Less Useful 228

15.8 Human Ordering vs. Machine Recall 228

15.9 It Is Very Difficult to Do Effective Statutory Research Online 229

15.10 Know Exactly What Legislative Histories Are, and What They Are For 229

15.11 Let Someone Else Do the Work for You 229

15.12 But Don't Be Afraid to Be the First, If Necessary! 230

15.13 Evaluating Sources 230

15.14 An Afterward: The World of Unpublished Information 232

Table 15.A Selected Directories of Helpful Phone Numbers 233

Appendix. Selected Legal Research Guides for Each of the Fifty States 235

Index 251

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