Finding Journal Articles Friday, February 13, 2004 U.S. Legal Research Presented by: Shikha Sharma shikha.sharma@uconn.edu Presented by: Shikha Sharma, Instruction Librarian, Drake Memorial Library, SUNY College at Brockport

Primary and Secondary Sources of Law Primary Sources Statutes Regulations Cases Secondary Sources Dictionaries Encyclopedias Law Review Articles Treatises

Vocabulary Decision = Judgment = Opinion Law = Act = Statute

Jurisdiction Federal: agriculture, bankruptcy, immigration, certain crimes (such as drug trafficking across states), customs, copyright, patents, postal service, social security, and trademark State: child custody, divorce, wills, crimes (in most cases), landlord-tenant, real estate, motor vehicles Both State & Federal: consumer protection, taxation, employment, environmental protection, health law, labor law, transportation, subsidized housing, veterans’ benefits and welfare law

Where to Start? Dictionaries Encyclopedias: Black’s Law Dictionary (7th ed.) Encyclopedias: American Jurisprudence, 2d

U.S. Court System Federal State Court of Last Resort U.S. Supreme Court CT Supreme Court Intermediate Appellate Court U.S. Circuit Courts of Appeal (CT is in the 2nd circuit) CT Appellate Court Trial Court U.S. District Court CT Superior Court

How are Cases Published Federal cases: Court Name of the Reporter and its Abbreviation U.S. District Courts Federal Supplement (F. Supp., F.Supp.2d) U.S. Circuit Court of Appeal Federal Reporter (F., F.2d, F.3d) U.S. Supreme Court United States Reports (U.S.) – official version. United States Supreme Court Reports, Lawyers’ Edition (L.Ed., L.Ed.2d) Supreme Court Reporter (S.Ct.)

How are the Cases Published State Cases are published in official state reporters and in commercial “regional reporters”. Connecticut court cases are published in: Court Name of the Reporter and its Abbreviation Connecticut Supreme Court Connecticut Reports (Conn.) – official reporter Atlantic Reporter (A., A.2d) Connecticut Appellate Court Connecticut Appellate Reports (Conn. App.) – official reporter Connecticut Superior Court Connecticut Supplement (Conn.Supp.) – official reporter

How to Read a Case Citation Wallace v. Jaffree, 472 U.S. 38, 105 S.Ct. 2479, 86 L.Ed. 2d 29 (1985) Starting Page Number of the decision Vol. No. Names of the Parties Name of the Law Report Parallel citations

How are Laws Made At both State and Federal levels: Statutes are first introduced as “bills” in a session of Congress (proposed legislation). Committee hearings may be held and amendments to the bill may be made. To become law, the bill should then be passed in identical form by both houses of the Congress and signed by the President, or passed over his veto. Once a bill becomes law, it is referred to as a session law or a public law.

How are Laws Published At both the federal and state level, statutes are published in three different formats in the following order: Slip Law: This is the first version of an enacted statute and is issued by itself on a single sheet or as a pamphlet. Session Laws: All laws passed in a given session are then published chronologically in bound volumes referred to as the session laws. Examples: U.S. Statutes at Large Connecticut Public and Special Acts (state)

Chronologically Arranged Session Laws may.. Affect an existing statute by: adding a section changing language of a section repealing a section re-numbering a section doing all of the above

To Find a Current Version of a Statute use… Code: All public laws are then arranged by subject and published in a set of books known as a code. The purpose of codification is to: bring all laws on the same topic together eliminate all repealed or expired statutes unite amendments with the original statute Examples: The United States Code (USC) – official version The United States Code Annotated (USCA)– published by West The United States Code Service (USCS) – published by Lexis General Statutes of Connecticut – official version Connecticut General Statutes Annotated – published by West As each new law is passed, the relevant sections of the code are modified and updated, both in the printed codes and in the online databases.

United States Code is organized in broad subject categories The Legislative Process United States Code is organized in broad subject categories called titles. The 50 titles are in rough alphabetical order.

Sample Statutory Citations Sessional Laws: Federal: CAN-SPAM Act of 2003, P.L. 108-187,117 Stat 2699 (2003) Connecticut: PA-98-110, Conn. Acts U.S. Statutes at Large, vol. 117, page 2699 Public Law, 108th Congress, law # 187 Connecticut Public and Special Acts, 1998; Public Act #110

Sample Statutory Citations Codified Laws: Federal: 17 U.S.C. § 104 17 U.S.C.A. § 104 (a) Connecticut: Conn. Gen. Stat. Ann. § 21a-190b United States Code, Title 17, section 104 United States Code Annotated, Title 17, section 104, subsection a Connecticut General Statutes Annotated, Title 21a, Section 190, paragraph b

Regulations What are Regulations? Are also called administrative rules and are a form of delegated legislation Are promulgated by Executive Agencies Provide detailed instructions on how to comply with a statute

How are Regulations Published? Like statutes, regulations are published both chronologically and topically. Federal Regulations are published in: Federal Register in chronological order Code of Federal Regulations arranged by subject titles Connecticut Regulations are published in: Regulations of Connecticut State Agencies (a loose-leaf service that is constantly updated)

Regulation Citation Form Federal Register: 44 Fed. Reg. 29375 (May 18, 1979) Code of Federal Regulations 42 C.F.R. § 124.501 (1991) Federal Register, vol. 44, page 29375 Publication date Title 42 of the Code of Federal Regulations, section 124.501