Legal Research Best Methods, Key Resources, and Tested Practices for Producing the Vis Memoranda

Why Does Legal Research Matter? No Research = No Authority = No Argument A winning argument requires both: Primary Authority Secondary Authorities The only way to supply those authorities is by conducting thorough, extensive research. Why Does Legal Research Matter?

Primary Authorities Legislation Code Case Law Treaty Convention Regulations Primary Authorities

Secondary Authorities Articles Treatises Restatements Digests Journals Books Secondary Authorities

Every argument should have both types of authority supporting it (Tip: if you see one and not the other, it means your team has not done enough research) Primary + Secondary

Research Methodology: Work Backwards Begin research process by consulting secondary authorities first For example: the CISG Digest, or Born’s International Commercial Arbitration Why? Secondary authorities cite to primary authorities Secondary sources explain the legal significance of the primary authority Secondary sources reveal other primary authorities that you may not be aware of at first, but that will be critical for making your argument Research Methodology: Work Backwards

Workflow: Research from the Bottom Up Argument Cite both when you make the argument CISG, Governing Rules, Laws, Conventions, Treaties, Case Law Primary Authority (Repeat this process several times) Born, CISG Digest, Honnold & Flechtner, Redfern & Hunter, Etc. Secondary Authority Workflow: Research from the Bottom Up

(But Write from the Top Down!!) Argument Cite both when you make the argument CISG, Governing Rules, Laws, Conventions, Treaties, Case Law Primary Authority (Repeat this process several times) Born, CISG Digest, Honnold & Flechtner, Redfern & Hunter, Etc. Secondary Authority (But Write from the Top Down!!)

Research Process: It Never Stops The best teams will still be researching the night before their oral arguments But, teams should plan to frontload the research as they teach themselves the material Start as generalists, become specialists Library (“the book is always better!”) Team members should devote several hours a week to dedicated library time at the beginning Internet Increasingly, almost everything you need can be accessed online If no library is accessible, the internet will be your key source ”Let me Google that for you.” Research Process: It Never Stops

Key Secondary Sources: Substantive Law CISG Digest (searchable PDF) https://www.uncitral.org/pdf/english/clout/CISG-digest-2012-e.pdf CISG Database http://iicl.law.pace.edu/cisg/cisg Schlechtriem & Schwenzer: Commentary on the UN Convention on the International Sale of Goods (3rd Ed.) Honnold & Flechtner: Uniform Law for International Sales Under the 1980 UN Convention (4th Ed.) [available on Kindle!!] Key Secondary Sources: Substantive Law

Key Secondary Sources: Procedural Law UNCITRAL Model Arbitration Law Digest (searchable PDF) http://www.uncitral.org/pdf/english/clout/MAL-digest-2012-e.pdf Gary Born: International Commercial Arbitration (2nd Ed.) Redfern & Hunter: International Arbitration (6th Ed.) [available on Kindle!!] Kluwer Arbitration Database http://www.kluwerarbitration.com/ (it’s expensive but worth it!) Key Secondary Sources: Procedural Law

Discussion: Keys to Coaching Legal Research Set high expectations Demand to see regular progress on research Demand to see both Primary and Secondary Authority How will you handle team frustration if they: Can’t find authority? Don’t commit enough time to the research process? Discussion: Keys to Coaching Legal Research