ˆ(or, “Life after Rewards Points”) Research Refresher / Jennifer L. Behrens / March 30, 2009 Free & Low-Cost Legal Research

Lexis and Westlaw, post-J.D. After graduation (and over the summers), Lexis and Westlaw cut off free student access. After graduation (and over the summers), Lexis and Westlaw cut off free student access. May request summer extensions in special cases (RA work, moot court, journal, non-profit) May request summer extensions in special cases (RA work, moot court, journal, non-profit) Will receive from representatives soon Will receive from representatives soon Research charges will begin to add up – quickly. Research charges will begin to add up – quickly.

Sample charges Retrieving a document with citation: $6.00 Retrieving a document with citation: $6.00 Searching for a case in “all federal cases” database (incl. by party name): ~$75-$175 Searching for a case in “all federal cases” database (incl. by party name): ~$75-$175 Shepardizing or KeyCiting a single citation: $4.25-$6.00 Shepardizing or KeyCiting a single citation: $4.25-$6.00 Your firm may have a “flat rate”, but an overall increase in use will affect the rate when it’s time to renegotiate! Your firm may have a “flat rate”, but an overall increase in use will affect the rate when it’s time to renegotiate!

Today’s Agenda Strategies for Cost-Effective Research Strategies for Cost-Effective Research Low-cost research services Low-cost research services Loislaw Loislaw Versuslaw Versuslaw Casemaker Casemaker FastCase FastCase Free research sources Free research sources Cases & Briefs Cases & Briefs Statutes, Regulations, Legislative History Statutes, Regulations, Legislative History Forms & Other Practice Material Forms & Other Practice Material

Cost-Effective Research Strategies Avoid searching on Lexis/Westlaw! (It is always cheaper to retrieve known citations than to search.) Avoid searching on Lexis/Westlaw! (It is always cheaper to retrieve known citations than to search.) Begin with a print resource (such as AmJur/CJS) to locate leading cases, statutes and key numbers for further research. Begin with a print resource (such as AmJur/CJS) to locate leading cases, statutes and key numbers for further research. If you must begin online, test your search terms on a free case law website or low-cost legal research service. If you must begin online, test your search terms on a free case law website or low-cost legal research service.

Low-Cost Research Services In recent years, a number of smaller competitors to Lexis/Westlaw have emerged. In recent years, a number of smaller competitors to Lexis/Westlaw have emerged. These sources vary widely in their contents and costs. These sources vary widely in their contents and costs. Take advantage of the online tutorials and any student access you may receive during your time at Duke Law. Take advantage of the online tutorials and any student access you may receive during your time at Duke Law.

Loislaw Contains: federal and state case law, codes and session laws, selected treatises and bar publications. Contains: federal and state case law, codes and session laws, selected treatises and bar publications. Students can register for a free account which lasts until 6 months after graduation (see librarian for access code). Students can register for a free account which lasts until 6 months after graduation (see librarian for access code). Username generated by Loislaw will be ed, along with a password that you choose during registration. Username generated by Loislaw will be ed, along with a password that you choose during registration.

Primary law includes opinions from all circuits and all 50 states. Some unpublished opinions are available. New cases are posted within hours of publication. Secondary law includes many full-text subject treatises as well as CLE publications from selected states. Student accounts have only a limited preview of the treatises and bar publications.

In Loislaw, you may search across several different jurisdictions. Some other free & low- cost services do not allow you to search both federal and state cases at once.

GlobalCite works similarly to Shepard’s and KeyCite, retrieving cases and secondary sources which cite the document. It’s not as comprehensive as Shepard’s or KeyCite, though.

Within a single database, you can search across multiple jurisdictions by using the check boxes and clicking “Continue”. Folders indicate that you can browse as well as search. Loislaw includes “Acts” (session laws) as well as “Statutes” (codes).

For search commands and other tips, view “Online Help”, linked from the bottom of every page.

Casemaker Contains: Federal case law from U.S. Supreme Court and Courts of Appeals; U.S. Code; C.F.R. “State Libraries” provide case law and statutes/regs for consortium members. Contains: Federal case law from U.S. Supreme Court and Courts of Appeals; U.S. Code; C.F.R. “State Libraries” provide case law and statutes/regs for consortium members. State bar associations must purchase access; service is then “free and unlimited” to current members of the bar. State bar associations must purchase access; service is then “free and unlimited” to current members of the bar. Currently, 28 state bar associations have subscribed to Casemaker. Currently, 28 state bar associations have subscribed to Casemaker.

Casemaker Casemaker Consortium members include: North Carolina North Carolina Georgia Georgia Texas Texas Notable exclusions: California California Florida Florida New York New York

Casemaker through NC Bar Membership is free to currently-enrolled law students; includes access to Casemaker. Membership is free to currently-enrolled law students; includes access to Casemaker. 2-3 business days to process membership; member # and password will be sent by e- mail. 2-3 business days to process membership; member # and password will be sent by e- mail. Questions? Contact Whitney von Haam Questions? Contact Whitney von Haam

CasemakerX Casemaker meets social networking Casemaker meets social networking Full access to the Casemaker research resources Full access to the Casemaker research resources Can create a MySpace-like profile for networking (professional and personal) Can create a MySpace-like profile for networking (professional and personal) May register with your Duke address. May register with your Duke address.

Versuslaw Students can register for free access to the case law databases (“Standard Plan”); trial accounts must be reactivated each year (possibly with some difficulty). Students can register for free access to the case law databases (“Standard Plan”); trial accounts must be reactivated each year (possibly with some difficulty). Password generated by Versuslaw will be e- mailed, along with the username you select during the registration process. Password generated by Versuslaw will be e- mailed, along with the username you select during the registration process.

More search commands are available on the “Search tips” link. The commands are very similar on all of these services, but not quite the same– always check before you search!

Premium subscribers have access to a citation service called V.Cite. Trial subscribers must check their citations with a full- text search across all Federal Circuits for the official U.S. Reports citation. Remember that District Courts are not included in that search. (Separate database.)

Versuslaw Student trials can access CASE databases only. Student trials can access CASE databases only. Versuslaw also contains statutes, regulations and court rules for most jurisdictions as part of the “Premium” and “Professional” plans. Versuslaw also contains statutes, regulations and court rules for most jurisdictions as part of the “Premium” and “Professional” plans. Forms are also available as separate database. Forms are also available as separate database. Help page includes a “Research Manual”, with tips and tricks for database searching. The various commands for field searching are published there. Help page includes a “Research Manual”, with tips and tricks for database searching. The various commands for field searching are published there.

24-hour trial available through site; interactive online demo. 24-hour trial available through site; interactive online demo. Includes cases from federal district and U.S. Bankruptcy courts; as well as state appellate and supreme courts. Includes cases from federal district and U.S. Bankruptcy courts; as well as state appellate and supreme courts. Free front end (Public Library of Law: Free front end (Public Library of Law: FastCase

Newspaper search goes to a version of the Duke database “America’s Newspapers”. These non-case law resources link to free, publicly available web sites like government publishers and Findlaw.com.

Fastcase’s main advantages are natural language searching and Authority Check, which searches for cases that cite to your case (but is NOT intended as a full replacement for Shepard’s/KeyCite).

Freebies!

Considerations What kind of document am I looking for? What kind of document am I looking for? Who would normally be responsible for maintaining those documents in print? Who would normally be responsible for maintaining those documents in print? Where does the document “live” online (i.e., official government vs. free site)? Where does the document “live” online (i.e., official government vs. free site)? When was the document posted and/or the site last updated? When was the document posted and/or the site last updated?

Free Mega-Sites FindLaw ( FindLaw ( Justia ( Justia ( Legal Information Institute ( Legal Information Institute ( PreCYdent ( PreCYdent ( Public Library of Law ( Public Library of Law ( Public.Resource.Org ( Public.Resource.Org ( AltLaw (beta) ( (federal appellate cases only) AltLaw (beta) ( (federal appellate cases only)

Free: Cases & Briefs Opinions and court filings are frequently posted on the website of the court which issued the opinion. Research mega-sites also have extensive archives of case law, at least at the federal level. Opinions and court filings are frequently posted on the website of the court which issued the opinion. Research mega-sites also have extensive archives of case law, at least at the federal level. Briefs and opinions (at least at the federal appellate level) are also often posted on these sites. Briefs and opinions (at least at the federal appellate level) are also often posted on these sites.

Presentation of available resources is clean and easy to read.

Low-Cost: Court docs Court documents at the lower federal court level (e.g., complaints and replies in district court) are usually available through PACER (Public Access to Court Electronic Records). Court documents at the lower federal court level (e.g., complaints and replies in district court) are usually available through PACER (Public Access to Court Electronic Records). PACER charges a per-page fee for document retrieval (currently $0.08). PACER charges a per-page fee for document retrieval (currently $0.08).

Low-Cost: Court docs Court documents at the state court level may be posted on the court’s web site. Court documents at the state court level may be posted on the court’s web site. You may also have to contact the court clerk or court library directly, and pay a fee for copying services. You may also have to contact the court clerk or court library directly, and pay a fee for copying services. Check out the library’s research guide at records_briefs Check out the library’s research guide at records_briefs records_briefs records_briefs

Free: Statutes Session laws and codes are usually available on the web site of the jurisdiction’s legislature. Amount of years available will vary. Session laws and codes are usually available on the web site of the jurisdiction’s legislature. Amount of years available will vary. Federal : Available via FDsys, Federal : Available via FDsys, State: Consult links on National Conference of State Legislature site: State: Consult links on National Conference of State Legislature site:

FDSys will replace GPOAccess this summer. Not all content has migrated, although bills and public laws are here. Use “Search on GPO Access” link at left to get to U.S. Code and Statutes at Large. Statutes at Large is available ( ) in PDF through HeinOnline, a low-cost database.

Free: Statutes Local (municipal) codes are sometimes posted on the county or city’s web site. Local (municipal) codes are sometimes posted on the county or city’s web site. Private publishers also make them available online: Private publishers also make them available online: ry.asp ry.asp ry.asp ry.asp

Free: Legislative History Federal legislative history material is widely available online through the Government Printing Office (GPO) and the Library of Congress. Federal legislative history material is widely available online through the Government Printing Office (GPO) and the Library of Congress. The Law Library maintains a research guide to these and other federal legislative history resources on our web site: The Law Library maintains a research guide to these and other federal legislative history resources on our web site: dleg.html dleg.html

THOMAS Full-text bills and bill summaries (1973- ) Full-text bills and bill summaries (1973- ) Includes links to available committee reports and Congressional Record debates (usually ). Includes links to available committee reports and Congressional Record debates (usually ).

Links lead to the full text of the bill(s), report(s), debate(s), etc., which are available via GPO Access.

GPO Access (soon to be FDsys) Full-text congressional committee reports, committee prints, selected hearings, Congressional Record, and much more through the Legislative Resources. Many sources available in PDF. Full-text congressional committee reports, committee prints, selected hearings, Congressional Record, and much more through the Legislative Resources. Many sources available in PDF. This summer, should be replaced by FDsys ( This summer, should be replaced by FDsys (

Free: Legislative History State materials will vary widely in terms of online availability. State materials will vary widely in terms of online availability. Generally, online resources will be somewhere on the state legislature’s web site. Generally, online resources will be somewhere on the state legislature’s web site. Look for a library research guide from an in- state law school, or consult a state-specific research guide for more info. Look for a library research guide from an in- state law school, or consult a state-specific research guide for more info.

Free: Regulations Federal regulations are available: Federal regulations are available: Federal Register (1994- ) through FDsys, Federal Register (1994- ) through FDsys, Code of Federal Regulations (1996- ), through GPO Access, Code of Federal Regulations (1996- ), through GPO Access, Regulations.gov, Regulations.gov, Individual agency sites (coverage varies) Individual agency sites (coverage varies)

Free: Regulations State regulations are usually available through individual agency web sites; some administrative codes are also published online by the secretary of state’s office. State regulations are usually available through individual agency web sites; some administrative codes are also published online by the secretary of state’s office. University of Michigan maintains a good directory of links to State Legal Sources on the Web, University of Michigan maintains a good directory of links to State Legal Sources on the Web,

Free: Forms Forms required in a specific court are often available through the court’s own web site. Forms required in a specific court are often available through the court’s own web site. Findlaw ( provides forms for specific jurisdictions, as well as sample contracts and “forms dealing with specific issues” (i.e., fill-in-the-blank forms). Findlaw ( provides forms for specific jurisdictions, as well as sample contracts and “forms dealing with specific issues” (i.e., fill-in-the-blank forms). Public Library of Law ( also maintains a forms collection. Public Library of Law ( also maintains a forms collection.

Free: Forms LexisONE ( is a mini-LexisNexis, designed for small firms. LexisONE ( is a mini-LexisNexis, designed for small firms. Portions of the site are free, but require registration. Portions of the site are free, but require registration. Selected forms from Lexis’ library of Matthew Bender publications are available for free download. Selected forms from Lexis’ library of Matthew Bender publications are available for free download.

Pay forms are automated (can be filled in online); free forms must be downloaded and printed. Only selected forms are available on the free list.

Free: Public Records Public records about people (births, deaths, marriages, incarcerations, real estate transactions, property taxes) are usually maintained at the county government level. Public records about people (births, deaths, marriages, incarcerations, real estate transactions, property taxes) are usually maintained at the county government level. Don’t know the county? Check the map at bin/qfd/lookup. Don’t know the county? Check the map at bin/qfd/lookup. bin/qfd/lookup bin/qfd/lookup

Free: Public Records Public records about corporations are usually maintained at the state level (with the exception of publicly-traded companies’ securities filings, available through the SEC). Public records about corporations are usually maintained at the state level (with the exception of publicly-traded companies’ securities filings, available through the SEC). Information about registered corporations can be found through the secretary of state where the business is incorporated. Information about registered corporations can be found through the secretary of state where the business is incorporated.

Putting It All Together How do you know when it’s better (or safe) to use a free source instead of Lexis/Westlaw? How do you know when it’s better (or safe) to use a free source instead of Lexis/Westlaw? Consider these factors: Consider these factors: Currency of the source Currency of the source Authority of the source’s creator Authority of the source’s creator Ease of retrieving free vs. paid source Ease of retrieving free vs. paid source Proximity of project deadline Proximity of project deadline

Upcoming Research Refreshers TOPIC TUE. Health & Medical Research WED. Immigration Law Research THU. Tackling Tax Research FRI. Putting It All Together: Assignments from Start to Finish

Thanks! Jennifer L. Behrens Reference Librarian Photo credit: Flickr user Alexandre Buisse Used under Creative Commons license