2. Capstone in Paralegal Studies – PA499 Unit 4

3. Assignments  Secondary Sources –  Submit a summary of at least two secondary source articles related to the legal issues in your scenario  Discussion Board –  1 discussion thread this week

4.  This information comes from the Georgetown University library website:  http://www.ll.georgetown.edu/tutorials/seco nd/index.cfm http://www.ll.georgetown.edu/tutorials/seco nd/index.cfm

5. Secondary Sources  What is a secondary source?  When do you use secondary sources for legal research?  What are some types of secondary sources?  Where can you find secondary sources?

6.  Secondary Sources:  are easy to find using the online catalog and journal indexes;  are usually easier to read - no statutory language or case law to decipher;  save valuable research time by providing extensive citations to case law, statutes and other secondary sources;

7.  explain and analyze a particular statute, case, or legal issue;  often discuss the history and development of a legal issue; and  are frequently updated to provide more timely info about new developments in the law.

8. Primary vs. Secondary Sources  Primary sources –  statements of the law from a government entity, such as a court, legislature, executive agency, President, or governor.  statutes  case law  Administrative rules  May be controlling or persuasive

9. Primary vs. Secondary Sources  Secondary sources  materials written by legal commentators and scholars, such as law professors, judges, and lawyers.  discuss, explain, and analyze what the law is or what it should be.  provide extensive citations to primary legal materials and other relevant secondary sources.  Are always persuasive – never controlling

10. When to use a Secondary Source  When you want to gain a quick understanding of the structure and substance of an area of law  When you are researching a new issue or a new area of law  When you need to learn the basic terminology and doctrines of an area of law

11.  secondary sources unique to legal research:  treatises  law review articles  legal encyclopedias  American Law Reports  Restatements

12. Legal Treatises  What is a treatise?  a book providing comprehensive coverage of a topical area of law.  The Americans with Disabilities Act Handbook is an example of a treatise.

13. Finding a Treatise  Most legal treatises are only available in print, but selected treatises are now available online on Lexis or Westlaw.

14.  To locate a treatise on a specific area of law, check out Georgetown's Treatise Finder or search Georgetown's online catalog, Gulliver.  http://www.ll.georgetown.edu http://www.ll.georgetown.edu

20. Encyclopedias  large multi-volume sets used to get an overview and introduction to an area of the law.  available both in print and online, though not every encyclopedia is available in both formats.

21. Encyclopedias  three types of legal encyclopedias:  national (or general)  state  subject –  these are extensive treatises on a specific area of law, such as Contracts, Corporations or Federal Practice

22. National Encyclopedias  The two major national legal encyclopedias are:  American Jurisprudence, 2d (Am Jur)  Corpus Juris Secundum (CJS)  Online: Westlaw only

23. National Encyclopedias  a much briefer and less detailed discussion of the topic than a treatise or law review article.

25. Corpus Juris Secundum  available in print and online (Westlaw only).

29. State Encyclopedias  Many states have an encyclopedia focusing exclusively on the laws of that state.  These encyclopedias may be called:  Encyclopedia, e.g. Encyclopedia of Georgia Law  Jurisprudence, e.g. California Jurisprudence  Practice, e.g. Virginia Practice

30. State Encyclopedias  State encyclopedias will describe a particular topic and usually give a brief history of the development of the law in that state as well as provide a discussion of the leading cases and/or relevant statutes.  Some, but not all state encyclopedias are available on Lexis and/or Westlaw.

34. American Law Reports (ALR)  The value of American Law Reports for research purposes lies in their annotations.  The term "annotation" as used in ALR is a bit misleading because the annotations are, in fact, lengthy documents that treat a narrow topic in great detail.

35. American Law Reports (ALR)  ALR is published in two series:  a numbered series which began in 1909(ALR, ALR2d, ALR3d, ALR4th, ALR5th and ALR6th)  a federal series begun in 1969 (ALR Fed and ALR Fed2d) prior to that, federal issues were treated as part of the numbered series

36. Where to Begin with ALR  To begin researching, consult the ALR Index.  This multi-volume index covers ALR2d- 6th and ALR Fed.  The index features extensive cross- references and details to focus a research topic.

38. ALR Research Tips  ALR 3rd-6th, ALR Fed, ALR Fed2d and ALR Index are updated by pocket parts. Always check the pocket parts!  Annotations may be superseded. An "Annotation History Table" appears in the last volume of the ALR Index and should be checked to determine the status of the annotation. The pocket part of a bound volume also indicates if an annotation has been superseded and gives the citation to the later annotation.

39. ALR Research Tips  Never cite to ALR as persuasive authority. Use it to gain an understanding of the law and as a tool for finding primary sources.

40. What About ALR Online?  The full text of ALR is available on both Lexis and Westlaw.  In general, it is best to limit your terms and connectors search to the title field.

41. What About ALR Online?  Searching for references to a specific case name is a great reason to search ALR online.  For example, you can search for references to the PGA Tour, Inc. v. Martin decision and see if any ALR annotations analyze this decision.

44. Restatements  What is a Restatement?  Restatements are an attempt to organize and "codify" the common law of the United States.  Each area of law is "restated" into chapters, titles and sections.

45. Restatements  Restatements are published by the American Law Institute (ALI), whose members are distinguished lawyers, judges and legal scholars.  Although Restatements are not primary law, they can carry great weight with courts and are frequently cited for common law issues.

46. Restatements  There are currently 14 Restatements covering broad areas of law such as Contracts, Property, Foreign Relations Law, and Torts.

47. Organization of Restatements  Most volumes start with an extensive Table of Contents  The Text follows in chapter, title and section order.  Near the end of each volume, the Tables section lists cases, statutes and other secondary authorities cited in the Restatements.

49.  The Index page shown here as an example is from the Restatement (Second) of Property.  For example, Rationale of Rule is discussed in comment a of Section 4.2. and Reasonableness is discussed in comment m of Section 4.2(3).

51. Newspapers  Newspapers are often overlooked as a source of legal information.  They can help track the development of legal issues or offer insights that may not be found in strictly legal sources.

52. Newspapers  Both general newspapers (e.g. The Washington Post, New York Times) and legal newspapers (e.g. Legal Times, New York Law Journal) report on legal developments and frequently offer a public policy analysis.  The legal newspapers are especially helpful in tracking new and developing areas of law before there is any published case law, statutory law or scholarly comment.

53. Newspapers Online  Since both Lexis and Westlaw offer excellent access to current newspapers, online research of newspapers is usually the most efficient way to access the news.

54. Searching Online for the Latest News  As a general rule, if searching a file of combined news sources, such as All News or Major Newspapers, it is best to make use of Segment (Lexis) or Field (Westlaw) searching to access more relevant articles.  The title or headline search will restrict your search to only words that appear in the title or headline of the article.

62. Newspapers – Other Online Sources  Internet - almost all newspapers now publish an Internet edition, however this often does not include every article from the print version of the newspaper.  Factiva - this source provides access to the Wall Street Journal and other Dow Jones publications.

63. Newspapers – Other Online Sources  ProQuest National Newspapers - many newspapers, including historical access to late 19th century editions of the New York Times, Washington Post and the Wall Street Journal, are also available through this resource.

64. Law Reviews  What are they?  a secondary source providing commentary on law.  There are several hundred journals published by law schools and commercial publishers throughout the United States and the world.  The articles in law reviews are usually written on very narrow topics of the law and treat the topic comprehensively.

65. Research Purpose of Law Reviews  provide a good starting point for a new area of the law  the text explains and analyzes the law  the extensive footnotes lead to additional primary and secondary sources

66.  Some law reviews are available on Lexis, Westlaw and other electronic database subscriptions  Hein Online provides PDF files of almost all U.S. law reviews.

67. So, How Do I find a Law Journal Article on Point?  Online periodical indexes;  Print periodical indexes;  Full-text searching on Lexis and Westlaw;  Annotated codes;  Other secondary sources.

68. Law Review Indexes  There are two specialized indexes published for legal literature: the Index to Legal Periodicals and Books (ILP) and LegalTrac.  The print version of LegalTrac is actually called the Current Law Index.

69. Law Review Indexes  These indexes share similar features:  are available online through Lexis & Westlaw;  index the vast majority of law reviews published by law schools and commercial publishers;  allow you to search by author, title, subject or keyword in online versions;  allow you to search by author, subject, case name or statute name in the print versions; and  are updated monthly.

70. Law Review Indexes  Some differences exist also:  ILP indexes articles back to 1908, both in print and on their electronic databases. Legal Periodicals Retro indexes articles from 1908 up to 1981. Legal Periodicals and Books indexes from 1982 to the present.  LegalTrac and the Current Law Index begin coverage in 1980.

71. Law Review Indexes  LegalTrac and the Current Law Index index more titles than ILP, including many bar journals not indexed in ILP.  LegalTrac (but not the print version, Current Law Index) indexes articles published in legal newspapers.

72. Full Text Law Review Searching on Lexis  One final way to locate law review articles is by searching the full-text law review databases on Lexis and Westlaw.  These can be very useful if searching for a topic not yet defined by a search term used in the indexes. Otherwise, full-text searching can often provide extraneous articles.

76. Search Engines  Google  New search: qui tam  Advanced search  with at least one of the words: introduction overview summary

77. Navigation bar Search field Contextual navigation links Integrated results Statistics bar

78. Page title Snippet URL Plus box results

79. Making your search SAFE porn

80. SafeSearch Filtering Click on ‘Preferences’ to access SafeSearch Filtering Safesearch:sex education

81. Smooth Operators The smooth operator was the archetypal male in the '60s, '70s, and '80s.

82. Use of ~ and - operators  Do not put a space between the ~ or – and the word Find pages on “salsa” but not the dance nor dance classes. USE [ salsa –dance –class ]salsa –dance –class [ ~inexpensive ] matches “inexpensive,” “cheap,” “affordable,” and “low cost”~inexpensive [ ~run ] matches “run,” “runner’s,” “running,” as well as “marathon”~run ~ -

83. define:arachnophobia define arachnophobia or what is or what are define vs. define:

84. Special Information Queries Books.google.com Scholar.google.com Video.google.com Groups.google.com Directory.google.com News.google.com

85. Full Text Search

86. http://books.google.com View any page from the book Shows the page on which your term appears

87. Using the Directory

88. http://directory.google.com

89. Subdivided by type

90. After becoming a Google Expert...

91. Yahoo! Directory  www.yahoo.comwww.yahoo.com  Search: “World Series”  Under More, click on Directory  compare results  follow category link

95. Ask  ask.com  Search: “Sandra Day O’Connor”

99. Clusty  clusty.com  Search: Springfield

101. How to Search Better  Use more than one search engine  Put most important terms first  Use advanced search features  introduction / overview / summary  limit to specific site or domain  Use “help” and “tips”  Evaluate what you find

102. What Searches Don’t Find  Invisible Web / Deep Web  Pages to which no other page link  Password-protected pages  Database pages generated from form  Real-time data & other dynamic pages  Pages using robots exclusion protocol  Anything not yet in the index

103. Using Lexis

104. How To Access Lexis  Click on the library link on your KU Campus Homepage  Enter the UAH Salmon Library  Scroll down and click on Electronic Articles  Click on Lexis Nexis

105. Getting A Document In Lexis  If you know a citation to a case, statute, law review article, or federal regulation, select “Get a Document” at the top of your screen, select “by Citation”, then enter the citation, and click “Get.”

106. Getting A Document Continued  If you do not know the citation to a case but you do know the parties’ names or the docket number, there are tabs to select under “Get a Document” where you can enter this information to find a case.

107. Finding a Document in Lexis Continued  When you know the area of law and issue, click on “My Lexis.” Enter the word(s) that are generally associated with your legal issue. Choose either Federal and State combined, Federal, or the jurisdictional state you need. Choose the area of law. Finally, choose the category (such as cases, statutes, or law review articles). Click on “Next Step.” This will lead you to various materials that discuss what you are looking for.

108. Finding A Document In Lexis Continued  Use “Guided Search” under the main “Search” tab, when you do not know an area of the law. Click on topics until you reach the most relevant topic, select a jurisdiction (your state and/or federal) or click to select analytical materials, type key words into the search boxes, and click “Search” to pull together relevant cases, statutes, treatises, and law review materials.  Examine entries given.

109. Strategies for Effective Research  Always examine the statutes. Use an annotated code because it will refer you to cases. But cite the official code.  Use encyclopedias to obtain introductory information about the issue you are researching.  If you cannot locate cases through an annotated code, try digests.  If there is a well-known treatise or text on this topic, examine it because it might provide excellent analysis as well as references to cases.

110. Strategies for Effective Research Continued  For a complete overview of a topic, consult an A.L.R. ( or A.L.R. Fed. for federal issues).  For discussions of new or controversial issues or a thorough examination of an issue, find legal periodicals through the Index to Legal Periodicals or Current Law Index.  If a looseleaf service is devoted to the topic you are researching, examine it.  Use Shepard’s Citations or KeyCite to locate other cases, legal periodical articles, attorneys general opinions, and A.L.R. annotations.

111. How To Shepardize on Lexis  Click the Shepard’s tab at the top of your screen.  Type in your citation in the open field.  Select one of the following options:  Shepard’s for Research (also called “FULL”)  Shepard’s for Validation (also called “KWIC”)  Click the word “Check” at the bottom of your screen.  Examine the history.  Be sure to use only law that has not been overruled.

112. For Further Reference  Click on the “?Help” tab in the top right corner. Here you will find definitions, explanations, and how- to items.  Contact your instructor for additional resources and assistance – be sure to do so prior to the deadline for any assignment.

113. Free Resources for United States Legal Research

114. Researching US Supreme Court Cases  Supreme Court of the United States http://www.supremecourtus.gov/ Supreme Court of the United States  FindLaw: Supreme Court Opinions http://www.findlaw.com/casecode/supre me.html FindLaw: Supreme Court Opinions  LII – Legal Information Institute LII – Legal Information Institute  http://supct.law.cornell.edu/supct/

115. Researching Federal Cases  Emory Law School: Federal Courts Finder http://www.law.emory.edu/FEDCTS/ Emory Law School: Federal Courts Finder  Map of the Federal Judiciary http://www.uscourts.gov/courtlinks/ Map of the Federal Judiciary  Cornell’s LII Institute Recent Federal Opinions http://straylight.law.cornell.edu/federal/opinion s.html Cornell’s LII Institute Recent Federal Opinions  Understanding the Federal Courts Understanding the Federal Courts  http://www.uscourts.gov/understand03/ind ex.html

116. Researching States Cases  Cornell’s Law By Source – State http://www.law.cornell.edu/states/ Cornell’s Law By Source – State  FindLaw: Cases and Codes http://www.findlaw.com/casecode/#statel aw FindLaw: Cases and Codes

117. Researching Federal Statutes  Constitution of the United States http://www.gpoaccess.gov/constitution/index. html Constitution of the United States  THOMAS Public Laws - 93rd Congress to present http://thomas.loc.gov/bss/d111/d111laws.html THOMAS Public Laws - 93rd Congress to present  GPO Access Public and Private Laws--104th Congress to present GPO Access Public and Private Laws--104th Congress to present  http://www.gpoaccess.gov/plaws/index.html

118. Researching Federal Statutes  see also http://www.gpoaccess.gov/statutes/index.html http://www.gpoaccess.gov/statutes/index.html  Library of Congress’ American Memory Project Library of Congress’ American Memory Project  U.S. Statutes at Large: http://memory.loc.gov/ammem/amlaw/lwsl.html  United States Code on GPO Access http://www.gpoaccess.gov/uscode/index.html United States Code on GPO Access  Cornell’s LII – US Code Collection Cornell’s LII – US Code Collection  http://www4.law.cornell.edu/uscode/

119. Researching U.S. Congressional Legislation  THOMAS http://thomas.loc.gov THOMAS  GovTrack http://www.govtrack.us GovTrack  GPO Access http://www.gpoaccess.gov/legislative.html GPO Access  Capitol Spotlight Capitol Spotlight  http://www.cspan.org/capitolspotlight/cqwatch.asp  DLL Legislative History Research Guide DLL Legislative History Research Guide  http://www.lib.uchicago.edu/e/law/db/ref/lh.html

120. Researching Local and Municipal Law  The Seattle Public Library: Municipal Codes Online The Seattle Public Library: Municipal Codes Online  http://www.spl.org/default.asp?pageID=coll ection_municodes  LexisNexis/Book Publishing Co. LexisNexis/Book Publishing Co.  http://www.bpcnet.com/codes.htm  American Legal Publishing Corporation American Legal Publishing Corporation  http://www.amlegal.com/library/

121. Researching Local and Municipal Law  Municipal Code Corporation Municipal Code Corporation  http://www.municode.com/Resources/onlin e%20Library.asp  General Code General Code  http://www.generalcode.com/webcode2.ht ml

122. Federal Administrative Law: Regulations  Code of Federal Regulations--1996 to present Code of Federal Regulations--1996 to present  http://www.gpoaccess.gov/cfr/index.html  Federal Register--1994 to present Federal Register--1994 to present  http://fdsys.gpo.gov/fdsys/browse/collectio n.action?collectionCode=FR  List of CFR Sections Affected List of CFR Sections Affected  http://www.gpoaccess.gov/lsa/index.html

123. Federal Administrative Law: Regulations  Regulations.gov Regulations.gov  Information on proposed federal regulations  http://www.regulations.gov/search/index.js p  Electronic Code of Federal Regulations Electronic Code of Federal Regulations  http://www.gpoaccess.gov/ecfr

124. Researching State Administrative Law  Cornell’s LII Institute- State Law By Jurisdiction Cornell’s LII Institute- State Law By Jurisdiction  http://www.law.cornell.edu/states/listing.html  D'Angelo Law Library: State Law and Government D'Angelo Law Library: State Law and Government  http://www.lib.uchicago.edu/e/law/state.html  FindLaw: Cases and Codes FindLaw: Cases and Codes  http://www.findlaw.com/casecode/#statelaw