“You Want Me To
Research WHAT?!?”
(Getting Background &
Keeping Current)
Jennifer L. Behrens
Research Madness 2010
Today’s Agenda
• Getting Background
– Basic Strategies
– Legal Encyclopedia
– Journals and News Sources
– Other Background Sources
• Keeping Current
– Alert Services in Lexis/Westlaw
– Looseleaf/Electronic Services
– Legal Blogs (“Blawgs”)
– RSS feeds
Our Example
• A neighborhood homeowners’
association (HOA) policy prohibits
children under 16 from accessing the
common pool and clubhouse.
• Our client feels that this is unfair
discrimination based on family status.
• Does the Fair Housing Act cover suits
related to discrimination claims by
existing homeowners or renters?
Getting Background: The Basics
• Ask a Librarian!
• Make the web work for you
• Online research guides
– Zimmerman’s on Lexis
– Library Research Guides
• Research guidebooks
– By jurisdiction
– By subject
Beyond Google
• Overlap between search engines is not as
high as you’d think.
• Try a variety of search engines to
discover unique content.
– Google: Do you use expert commands?
– Bing: Good “related search” filter option.
– Dogpile: Searches across the “Big 4”
– Kosmix: results page presents snapshots
of information from a multitude of sources.
Online Research Guides
Zimmerman’s (LexisNexis)
http://www.lexisnexis.com/infopro/zimmerman
• “Online encyclopedia for legal
researchers.”
• Free; no Lexis login required.
• Provides tips and tricks for researching a
wide variety of topics, with links to many
free resources.
Topics include legal as
well as non-legal (e.g.,
researching specific
industries).
Can browse the
alphabet or search by
keywords.
Includes a bit
of contextual
background,
links to free
(and paid)
resources, &
suggested
search terms.
Law Library Guides
Custom Search
• Cornell’s engine uses a Google Custom
Search (http://www.google.com/cse/) to
look across selected law libraries.
• Not all law school’s research guides are
included.
• If you do a lot of research for a particular
state’s laws, create your own custom
search for the research guides of all of the
law school libraries in that state.
Research Guidebooks
• Research guidebooks are published for
all 50 states and the District of
Columbia.
• There are also many guides to research
on specific topics (e.g., tax, intellectual
property, factual research, etc.).
• Search WorldCat
(http://www.worldcat.org) for titles, or
ask your firm librarian.
Legal Encyclopedia
Legal encyclopedias are a great way to
quickly find background information on a
topic, with references for further reading.
• Wex (Cornell LII)
• American Jurisprudence / CJS
• State-specific encyclopedias
Wex
• http://topics.law.cornell.edu/wex/
• The Wikipedia of legal research (for
better or for worse)
– Free
– Collaboratively edited (with more control
than Wikipedia)
– Some entries are brief definitions; some
are more encyclopedic.
– Links for further research
General Legal Encyclopedia
• American Jurisprudence 2d (AmJur)
Published in print by West, and available
online in both Lexis and Westlaw.
• Corpus Juris Secundum (CJS) Published in
print by West, and available online only on
Westlaw.
• Practice with the print-- it’s cheaper than
accessing online!
• Organized by alphabetical legal topics and
divided into outline sections.
State-Specific Encyclopedia
• Many states have their own jurisdictionspecific encyclopedia.
• Some are available on Lexis/Westlaw.
• A good list is available at the Harvard Law
Library:
http://www.law.harvard.edu/library/resea
rch/guides/united_states/alr_legal_encyc
lopedias.html
Legal Journals and News
• Legal journals and newspapers can be a
great source for information on a topic.
• Law review articles can also provide good
background (e.g., legislative history), but
may not be as helpful for newer, cuttingedge legal topics.
There is a difference between searching “keyword” and “entire
document” in this database– “keyword” looks only in selected parts
of the article (title, subjects, author, etc.).
To search for a word in the full text of the article, use the “entire
document” field.
Results are sorted by
type of publication –
let’s look at each more
closely.
Academic Journals (Law Reviews)
• PUBLISHED BY: Law schools, edited by
students.
• AUTHORS: Law scholars (articles); law
students (notes).
• AUDIENCE: More academic/scholarly.
• CONTENTS: Can range from examination of
a single case to a history of an entire legal
doctrine. Give extensive footnote references
for further research.
Academic Journals
• Lexis and Westlaw offer full-text of many law
reviews and legal journals, generally dating back
to early 1980s.
• Historical law review and journal articles can be
found in PDF in many databases, such as
HeinOnline and JSTOR.
• Pre-publication articles might be posted free on
the journal’s web site, or SSRN
(http://www.ssrn.com).
• ABA Legal Technology Resource Center offers
search engine of open-access law journals
(http://www.abanet.org/tech/ltrc/lawreviewsearch.
html).
Magazines (Legal Journals)
• PUBLISHED BY: National/state bar
associations; other legal organizations.
• AUTHORS: Practicing lawyers
• INTENDED AUDIENCE: Practicing
lawyers
• CONTENTS: Often discuss
current/pending cases, with a focus on
what impact cases will have on future
practice in that area of law.
Legal News
• PUBLISHED BY: National/state bar
associations; other legal organizations.
• AUTHORS: Practicing lawyers
• INTENDED AUDIENCE: Practicing lawyers
• CONTENTS: The latest cases, jury verdicts,
and settlement information.
• Law.com (free registration) is a mega-site
from the publishers of several major legal
papers.
Not Full-Text?
• If you have a citation to an article, but
could not find the full text, check the Law
Library’s Online Full-Text Journal link, or
click the icon in the online catalog or
database:
• Will lead you to full-text sources for a
particular journal or newspaper title, which
are available through Duke with a NetID.
Note: This search does not check full-text availability
on Law School Lexis or Westlaw.
Not Full-Text Online?
• If your firm has a library, they may have a
subscription, either in print or with an
online password.
• Check with your firm’s librarian about
obtaining the full-text of specific sources.
• You may also be able to obtain a copy
through a nearby library.
Other Sources for Background
• Nutshells: Concise, pocket-size outlines of the
“general rules” on a legal topic.
• Hornbooks: larger, one-volume discussions of
an area of law.
• Treatises: Expansive, multi-volume sets of
analysis on a legal topic, written by leading law
scholars.
– Harvard Legal Treatises List
– Georgetown Treatise Finder
– Often full-text on Lexis (Matthew Bender) or Westlaw
More Background Sources: ALR
• American Law Reports: Lengthier
encyclopedia-like entries (called
“annotations”). Available in print & on
Lexis/Westlaw.
• Provide more discussion and analysis of
the “general rule” and link to an extensive
number of cases, arranged by jurisdiction.
• Does not attempt to be comprehensive –
there may not be an annotation precisely
on point.
In practice, it might be easier and
more cost-effective to look in the
print index and use print volumes
of ALR.
If you must search online, a good
trick is to restrict at least some of
your search terms to the title
field/segment.
More Sources: 50-State Surveys
• 50-state surveys compile the laws on a
particular topic from all jurisdictions; provide
researchers with easy access to specific code
sections for a topic.
• Search “fifty state survey” in WorldCat
(www.worldcat.org) to find titles on a particular
topic, or use a general overview source.
• National Survey of State Laws (Ref KF 386
.N38 2008 & Westlaw: SURVEYS) gives tables
of state code sections on various topics.
More Sources: 50-State Surveys
• Lexis also offers 50-state legislative and
regulatory surveys.
• Each survey is priced at $125.00 (which
sounds expensive, but is a deal compared
to searching in “All 50 State Codes”
database!).
• Can be saved as spreadsheet with active
links to the code sections.
More Sources: PJI
• Pattern Jury Instructions (PJI) are
delivered by judges to a jury, to explain the
causes of action and issues. A.K.A.
“model” jury instructions.
• Often include case references and clear
descriptions of the elements and causes
which must be proven.
• Occasionally, only published in print, or
exclusive online access in Lexis,
Westlaw, Loislaw, or Casemaker.
Getting Background
• There’s no one “right” way to begin
gathering background information.
• Keys to success:
– Brainstorm possible search words.
– Search a variety of sources; some will be
more helpful than others.
– Begin with free/low-cost resources; then use
the terminology or other clues you discover in
premium sources like Lexis/Westlaw.
– Be brave enough to ask for help!
Keeping Current
Alert Services
• It’s critical to track the status of precedent
that you cite in a memo or brief, especially
if you know an appeal is pending.
• Both Lexis and Westlaw offer search
alerts, to re-run your search terms at
various intervals or to alert you when new
items appear in a Shepard’s/KeyCite
report.
You can set up alerts from any individual case or
search results screen.
Access all of your existing alerts and create new
Shepard’s alerts at the Alerts tab.
Create and manage
Westlaw alerts from the
“Alert Center” screen.
Note: Not all of these
alert options are
available on educational
passwords.
(“Looseleaf”) Services
• Lawyers used to receive updates in
particular areas of law through looseleaf
services, which sent new issues/pages at
various intervals.
• Many of these services have moved to
electronic formats, although some libraries
still receive in paper.
• See Bluebook T.15 for a list of services.
BNA includes:
U.S. Law Week (recent/pending
U.S. Supreme Court decisions);
Criminal Law Reporter;
Environment Reporter;
Securities Regulation & Law
Report; many other specialized
titles.
CCH IntelliConnect titles
include the Standard Federal
Tax Reporter; Medicare and
Medicaid Guide; Corporation
Report Bulletin.
Another publisher, RIA (further
down this listing), includes
other tax-related services.
You can receive these issues by
email or read at the sites.
Legal Blogs
Legal blogs (a.k.a. “blawgs”)
exist for virtually every
specialized legal topic,
although they vary in quality
and frequency of updates.
Check the Library’s “Legal Links” page for
Legal Blogs to locate blawg directories and
search engines.
http://www.law.duke.edu/lib/blogs
RSS Feeds
• Blogs and many government web sites offer
RSS (Really Simple Syndication) feeds, which
automatically notify you of changes or additions
to the site.
• You need to “subscribe” to the feed through an
aggregator service, such as Google Reader.
• Look for a link which says “RSS” or “Subscribe”,
or these symbols:
RSS Feeds
• Paste the RSS feed address (usually ends
in .xml or .rss) into your aggregator.
• As new posts are made, they will appear
in your aggregator – no need to check
each individual site.
• Helpful video “RSS in Plain English” at
http://www.commoncraft.com/rss_plain_english
Upcoming Research Madness
(9:55- 10:55 in Fite Room)
THIS WEEK
NEXT WEEK
MON.
Getting Background &
Keeping Current
TUE.
Career Center Advisement Career Center Advisement
(room 3043)
(room 3043)
WED.
Statutes & Legislative
History
THU.
Regulations &
Tackling Tax Research
Administrative Materials
Putting It All Together:
Business & Company
Assignments from Start Information
to Finish
FRI.
Finding & Backgrounding
People
Free & Low-Cost Legal
Research
Good luck!
Jennifer L. Behrens
Reference Librarian
behrens@law.duke.edu
Photo credit: Flickr user maveric2003
(used under Creative Commons license)