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

2. 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?

3. Primary Authorities Legislation Code Case Law Treaty Convention
Regulations
Primary Authorities

4. Secondary Authorities
Articles
Treatises
Restatements
Digests
Journals
Books
Secondary Authorities

5. 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

6. 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

7. 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

8. (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!!)

9. 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

10. Key Secondary Sources: Substantive Law
CISG Digest (searchable PDF)
CISG Database
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

11. Key Secondary Sources: Procedural Law
UNCITRAL Model Arbitration Law Digest (searchable PDF)
Gary Born: International Commercial Arbitration (2nd Ed.)
Redfern & Hunter: International Arbitration (6th Ed.) [available on Kindle!!]
Kluwer Arbitration Database
(it’s expensive but worth it!)
Key Secondary Sources: Procedural Law

12. 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