User:TMLS2010

LEGAL RESEARCH THURGOOD MARSHALL SCHOOLL OF LAW

ALR’s

What are ALR’s (American Law Reports Annotations)?

• Contain two kinds of material.
• Annotations
• Annotation is an article that discusses the various case on a fairly narrow legal topic, in great detail.
• Cases
• A court’s opinion selected by the publisher as a leading or typical case on the topic.
• ALR’s are published by Thomson West and are written by its staff attorneys or attorneys hired to write particular annotations.

Because they are written by staff attorneys juxtaposed to recognized legal scholars, annotations are not as credible as some other secondary authorities. However, it provides references to other secondary sources such as Encyclopedia Am. Jur. 2d

• It provides a general description of the topic and then detailed descriptions of the cases on the topic.
• Case descriptions are organized by rule or outcome
• Allows you to see diff. approaches taken by various courts
• Importance of certain key facts.
• Timely
• It can be the first secondary authority published on a new topic.

Researching in ALR’s

Two most popular ways Use the books

• Consult the ALR “Index”
• Read the opening material
• Use the various means of access to identify pertinent passages
• Read the text of the annotation

Consult the references section

• Update your research
• LexisNexis or Westlaw

Citing ALR’s

- Bluebook Rule 16.5.5 - Includes the authors full name (if available), the title of the annotation, the volume and series, beginning page number, and date.

RESTAMENTS

What are?

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. Most authoritative of the secondary sources. Restatements are published by the American Law Institute (ALI). They can carry great weight with courts and are frequently cited for common law issues. There are thirteen Restatements covering broad areas of law, such as: Contracts, Property, and Torts.

How to use

Although the format of the various Restatements has varied slightly, most volumes will have a Table of Contents at the front of the volume, followed by the text, which will be in chapter, title, and section order. A very detailed index usually appears at the end of the volume or set of volumes. Each section will state the specific findings of the section, followed by comments from the drafters. Sections also often clarify the law by using extensive ciatations. The Restatements are updated by an Appendix, which may be in several volumes. The Appendix contains short summaries of cases in section number order of the of the Restatement. Some Appendices also have Reporters Notes which expand on the text of the section in the main volume(s)

Advantages of Restatements

Comments that discuss the the role of the laws, their meaning and their raionale. Illustrations that demonstrate the application of laws. Explanation of the history of the laws are easy to find using the online catalog and journal indexes usually are written in plain English - no statutory language or case law to decipher. They can save you valuable research time by providing extensive citations to case law, statutes, and other secondary sources

• explain and analyze a particular statute, case, or legal issue
• often discuss the policy implications of case and statutory law
• often discuss the history and development of a legal issue
• frequently are updated with pocket parts to provide you with timely information about new developments on your issue

How to cite Restatements

• The title
• Edition( if other than the first)
• Section number
• Date of publication

Sample citation of a Restatment

Restatement ( Second) of Property 37 ( 1957

Where to find Restatements at TMSL

Restatments are located on the first floor of the library in the Reference material section on shelve number 104

Legal Periodicals

What is a Legal Periodical?

====Definition: a secondary authority that provides commentary on a range of legal topics and is published on a peridioc basis, such as quarterly, monthly, or weekly.

Categories of Periodicals

• Law reviews
  • most prominent type
  • provide much of the important scholarly work in law
  • articles describe current state of law, explore underlying policies, critique current legal rules, and advocate reform
  • articles written by professors, lawyers, lawmakers (judges), and law students
  • articles on a wide variety of topics; others focus on a specific area
  • about 150 general scope and 250 special-focus law review in U.S.; most publish a volume per year in 4 to 8 issues, each containing various types of paper
  • e.g. Harvard Law Review, most carry the names of their host schools
• Bar journals
  • published by lawyer organizations (“bar associations”)
  • American Bar Association, ABA Journal
  • articles more practical that theoretical
  • report on important legal developments, such as changes in court rules, and cover non-legal topics of interest to lawyers, such as law firm management
• Commercial legal journals and newsletters
  • publish journals with articles on emerging legal issues, oriented toward practicing lawyers
  • alert readers to new cases, statutes, or rules
  • cover recent conferences, studies, and other topics of interest to lawyers in the particular practice area
  • e.g. Employment Law Weekly, published by Bureau National Affairs
  • short and appear frequently—monthly, weekly, or even daily
• Legal newspapers
  • report new court decisions and other changes in the law, carry legal notices, and present stories about interesting people or significant events in the legal profession
  • some national in scope, e.g. the National Law Journal; others cover one city or state, e.g. Los Angeles Daily Journal

Types of Periodical Articles

• Article
• Essay
• Commentary
• Comment note
• Case comment
• Case note
• Recent developments survey
• Symposium
• Book review
• Availability
• Published in paper

Various electronic sources as well: Westlaw and LexisNexis (coverage does not extend back to a journal’s first volume) iii. Hein-On-Line (subscription service; provides periodicals form the first issue of each periodical to the last year or two) iv. Web (offers a means of quickly publishing and widely distributing articles without the cost and burden of paper publication B. Why are Legal Periodicals useful? a. Provides at least a description and analysis of the law b. Cover their subjects in depth c. Provide valuable background, such as historical information or statistical data d. Reference primary authority and other secondary authorities, and some nonlegal sources e. Advantages i. compared to other secondary authorities, law review articles can be written and published fairly quickly, so they are a good source for discussion of new legal topics ii. because the special function of law reviews is to present serious, creative legal thought, you may find a critique of present law and proposals for law reform (a few have prompted changes in the law) f. Disadvantages i. an article looses currency quickly because the information is current and only to the date the article was completed, there is no updating process, as there is with other secondary authorities ii. some analysis is idiosyncratic; you need to consider whether it is too unusual to be accepted before you rely on it heavily iii. even though law reviews bound, it is possible there will be no article on your research topic

How do you research in Legal Periodicals?

• Traditional periodical research involving an index
  • Select periodical index
  • Conduct a subject search and possibly also a key-word search in the index
  • Read and assess the identified articles
  • Periodicals in full-text key- word searching
  • Select a service and database
  • Run a key-word search
  • Read and assess the retrieved articles

Citating periodical articles

• Select a periodicals citator
• Citate the article
• up on the citing sources, as appropriate

What else?

a. Legal Scholarship Network E. How do you cite Legal Periodicals? a. Bluebook Rule 16

Michele L. Tyler, Note, Blowing Smoke: Do Smokers Have a Right? Limiting the Privacy Rights of Cigarette Smokers, 86 Geo. L.J. 783 (1998)

b. ALWD Rule 23

Michele L. Tyler, Student Author, Blowing Smoke: Do Smokers Have a Right? Limiting the Privacy Rights of Cigarette Smokers, 86 Geo. L.J. 783 (1998)

Treatises

A. What is a Treatise? A treatise is an authority that covers one subject at length.The subject could be very broad (e.g contracts or employment law) or it may be quite specific (e.g. such as a single statute protecting disabled workers). Treatises are usually written by private authors like law professors and lawyers. A typical treatise contains at least three parts.

• The text itself (containing footnotes or endnotes with supporting references;
• One or more tables of contents, an index and other tables; and
• Prefaces and appendices containing important documents.

All treatises explain the law, setting out rules, policies and examples. Treatises come in single or multiple volumes and can be found in hardbound, softbound, or looseleaf forms. Examples of treatises: Hornbooks, Nutshells, Williston on Contracts

Why are Treatises Useful?

Treatises are the best place to go if you are looking for in depth information on a subject you are not familiar with. They provide comprehensive and scholarly overview of the subject you are researching. Most importantly (to us law students) a good treatise provides numerous references to primary authorities and other secondary authorities.

How Do You Research in Treatises?

There are a few treatises in electronic format and some can be found on Westlaw and/or LexisNexis. Most treatises will be found in paper format. Tips for searching and using treatises: Locate treatises via library catalogues, the reserve desk or a reference in a text book, ask a professor or law librarian. Select an appropriate: one that supports the topic you are researching. Pick a treatise with the scope and level of detail you need. You will want to select one that has been published or updated recently. Credibility is important. Once you have found the treatise you need, consult the index, tables of contents, or table of primary authorities. Some treatises have multiple indices (make sure to look at them all). They also include a summary table of contents and a detailed table of contents. Read pertinent passages: look for an explanation of the law, a critique of the law, and references to other important authorities. Check for updates: pocket parks in the back of the book, supplemental volumes and looseleaf page replacements.

How Do You Cite Treatises?

Bluebook Rule 15 (can be found on pages 17, 129-133) Includes the full name(s) of the author(s); the volume number (if there is one more of the volume); the main title of the treatise as it appears on the title page (not the cover or spine); the page, section, or paragraph number, the edition (if other than the first); and the year of publication of the main volume Example: 9 Lex K. Larson, Employment Discrimination § 155.06 (2d ed. Supp. 2003).