1. Legal Research on the Web Boston College Law Library Reality Legal Research Session Mary Ann Neary Legal Information Librarian April 7, 2006

2. On Beyond LexisNexis and Westlaw  LexisNexis and Westlaw- major commercial database systems - accessed through the Worldwide Web.  But … many other excellent sources for legal research on the Web, and most of them are free. Today: some of the most useful ones.  First, we'll start with a few tips on what you can and can't find on the web.

3. What are free websites good for?  Primary materials: federal or state codes or recent court opinions Always check: official or authentic?  Current items: cases or issues in the news  Government publications: state and federal, foreign and international  Background information from sources such as government agencies think tanks, or lobbying groups

4. Free web sites  What works well – General tips Official government sources, See.gov Public service sites, See.org and.edu Finding discrete documents  Findlaw, Google, Google Scholar International legal materials, foreign government sites

5. Concerns when using free sites  Authentic?  Official?  How to cite?  Concerns: Confidentiality – electronic trail

6. What are free websites not good for?  Complete, concise overview of the law Use books or encyclopedias in print  Sophisticated full-text searching Use LexisNexis or Westlaw  Complex case-finding tools such as annotated codes or citation databases Use LexisNexis or Westlaw

7. What are free websites not good for?  Comparative research Search all states’ statutes on a topic  Historical materials Use print sources (LexisNexis or Westlaw)  Practice materials for a particular jurisdiction, e.g. legal forms

8. Starting Point  Boston College Law Library Research Pages www.bc.edu/schools/law/library/research

9. Find links to major sites

10. Locating state cases  Issues re citation Ask: Has the state adopted a public domain citation format? Check Blue Book  Ex.: Wisconsin has adopted public domain cites for cases decided after 12/31/1999  www.courts.state.wi.us www.courts.state.wi.us  Sample cite:  Glaeske v. Shaw, 2003 WI App 71, 261 Wis. 2d 549, 661 N.W.2d 72

11. Locating state statutes  States post their statutory codes on the Internet; not designated as official (and may not be designated as authentic) www.state.ma.us/legis  Try a gateway site for links to each state, e.g. LII

13. Legal Information Institute  www.law.cornell.edu www.law.cornell.edu  Serves as a gateway to federal, state and international legal research web sites  Good resource for state-level materials, e.g. Nevada regulations

14. Locating state regulations  Legal Information Institute at Cornell Law School – use as a starting point  Problem with regulation tracking: any proposed regulations? Default to checking that state agency’s website for notices of pending regulations

15. LII – Links to Nevada primary material

16. Locating federal cases  Note: No official public domain cite except for Supreme Court  Findlaw Find text of Newdow decision – case regarding Pledge of Allegiance (Seeks to strike “under God”) Need to know that it was decided in Fed. courts Findlaw – Must know which circuit to search Locate decision from 9 th Cir.; text is in pdf format, but how to cite it?  http://news.findlaw.com/usatoday/docs/conlaw/newdowus62602o pn.pdf http://news.findlaw.com/usatoday/docs/conlaw/newdowus62602o pn.pdf

17. How to know the status of this case?  No free citator on the web  Can use Shepard’s or Westlaw with a credit card; approximately $5.00 to check a cite … BUT… Need the Federal Reporter cite!

18. Google  Search Google for: Newdow and pledge Yields a Washington Post article that supplies the Supreme Court’s docket number

19. Supreme Court site – Docket info

20. Supreme Court Docket  No. 02-1624 Status: GRANTED  Title: Elk Grove Unified School District and David W. Gordon, Superintendent, Petitioners v. Michael A. Newdow, et al.  Docketed: May 9, 2003  Lower Ct: United States Court of Appeals for the Ninth Circuit Case Nos.:(00-16423) Decision Date: February 26, 2002 Rehearing Denied: February 28, 2003

21. Find Newdow opinion on Supreme Court site, but still no cite – just slip opinion

22. Federal Government Sites  Executive Branch  G.P.O. Access Gateway to full-text U.S. government legal materials, esp. administrative law www.gpoaccess.gov Includes: Federal Register, 1994-present; Code of Federal Regulations, 1996- present; Public Laws

23. Federal Government Sites  Legislative Branch  http://thomas.loc.gov http://thomas.loc.gov  Includes: Full-text access to bills, 101 st Congress to 109 th (current); Congressional Record; Committee Reports, 104 th Congress to present; Treaties. N.B. Can search multiple Congresses now

24. Federal Government Sites  Judiciary  Link to courts from www.uscourts.govwww.uscourts.gov Supplies links to all courts, including individual circuits’ websites  Current (last few years) opinions available; issue re citation

25. Court Rules, Forms and Docket Info  www.llrx.com/courtrules www.llrx.com/courtrules Links to over 1,400 sources for state and federal court rules, forms and dockets

27. International Legal Materials  International law definition: “Law that governs relations between nation-states. In modern times, international law has evolved to include the relations between states and international organizations and even individuals.” E.g. Charter of the U.N.; Universal Declaration of Human Rights; Geneva Convention Web resource: http://www.asil.org/resource/ergintr1.htm http://www.asil.org/resource/ergintr1.htm

28. International Legal Materials

29. Foreign Law Materials  Foreign Law definition: “Law of another country”  Ex: What are the inheritance laws of Germany?  Many foreign law metapages available: http://www.law.harvard.edu/library/services/research/g uides/international/web_resources/internet_foreign_law. php http://www.law.harvard.edu/library/services/research/g uides/international/web_resources/internet_foreign_law. php World Law Institute http://www.worldlii.org/catalog/215.html Library of Congress – Guide to Law Online http://www.loc.gov/law/guide/nations.html

30. Summary – Free vs. Fee-Based Sites  Free sites Watch for authenticity Reliable provider/creator of site? May find info re gun laws on NRA site but what incentive to give a balanced view of subject?  Commercial sites, e.g. LexisNexis, Westlaw, etc. Incur costs but reap benefit of reliable source Official citation available for legal materials Citator services invaluable