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ADVANCED LEGAL RESEARCH

SPRING 2008

1/22

Strategies

1/29

Treatises

2/5

Cases


2/12

Digests & Citators

2/19

Publication & Indexes

2/26

Secondary Sources

3/4

Statutes

3/18

U.S. Leg. History & Regs

3/25

CA Leg. History & Regs

4/1

Google

4/8

Non-Legal/Librarians

4/15

Foreign & International

4/22

Rules, Briefs

January 15 1. Introduction
SYLLABUS

Overview of class requirements | Review library and class web pages | Questionnaire | Pathfinders | Introduction to research strategies


CONTACT US

Assigned reading must be finished before class begins. Visit the websites on the class page, as well. Check TWEN for any quizzes.

Sign on to TWEN

Come prepared to discuss the following readings:

Assigned Reading:

FINDING THE LAW, Berring & Edinger, 12th ed., Chapter 1, The Context of Legal Research,1-16.

Mark Herrmann, This is What I'm Thinking: A Dialogue Between Partner & Associate... From the Partner, 25 No. 1 Litigation 8 (1998). Westlaw Lexis

From the Associate, 25 No. 1 Litigation 9 (1998) Westlaw Lexis

Mark Herrmann has included his article in a short book for new lawyers, The Curmudgeon's Guide to Practicing Law, Chicago, IL: ABA Publishing (2006). It covers such additional useful topics as How to Write and Seven Hours Locked in a Room. I've put a copy on course reserve at the Circulation Desk in the Library. The book provides both very useful advice and some comic relief.

Power Point

January 22 2. Research Strategies | How to Find a Treatise & Subject Specific Resources

Sign on to TWEN

Hour 1: Developing strategies for research problems: fact analysis, legal universe, jurisdiction, steps in researching, cost, time, and outcome desired

Websites:

Venn Diagrams for Boolean Searching: Graphically.

Search Engine Showdown's Features Chart

Assigned Reading:

FINDING THE LAW, Berring & Edinger, 12th ed., Chapter 11, Research Strategies, 327-337.

Carolyn P. Ahearn, The Right Way to Research, Legal Times, Sept. 29, 2003, at 30. Westlaw

ONLINE LEGAL RESEARCH:A GUIDE TO LEGAL RESEARCH SERVICES AND OTHER INTERNET TOOLS, Stacy L. Gordon, 2003
Chapter 1, The Basics of Online Legal Research (1-10).


Powerpoint: Questions to Ask and Answer

  
 

 

Hour 2: How to find a treatise and subject specific resources.

Guest Teacher: Linda Weir

Powerpoint: Treatises

MANDATORY WESTLAW TRAINING January 28
                        3:40 to 4:00 OR 4:10 to 4:30
                        Location Room 314


MANDATORY LEXIS TRAINING January 29
                        3:40 to 4:00 OR 4:10 to 4:30
                            
 Location Room 314


 

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January 29 3. Treatises and Practice Guides | Interviewing the Partner

Sign on to TWEN

Hour 1: Solving the Problems: Hands on resolution of legal problems using treatises in print and on line.

Guest Speaker:
Chuck Hansen


Hour 2: An interview with a law firm partner on expectations for research skills for new attorneys, and an interview/ research problem


MANDATORY 25 minute WESTLAW TRAINING: JANUARY28

CHOOSE ONE: 3:40 OR 4:10 (Classroom 314)

MANDATORY 25 minute LEXIS TRAINING: JANUARY 29

CHOOSE ONE: 3:40 OR 4:10 (Classroom 314)

 

Pathfinder Topics Due February 5 - E-Mail Delivery is Fine

 

 

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February 5 4. Cases and Case Searching Strategies
Sign on to TWEN

Hour 1: Review of case publication. On line searching techniques for Westlaw and Lexis, and free or inexpensive databases (Findlaw, LexisOne, Jurisearch, Loislaw, state and federal databases).

Assigned Reading:

FINDING THE LAW, Berring & Edinger, 12th ed., Chapter 2, Court Reports, 17-63.

Barbara Bintliff, Mandatory v. Persuasive Cases, 9 No. 2 PERSPEC. TEACHING LEGAL RES. & WRITIG 83 (2001).

Scott P. Stolley, The Corruption of Legal Research, For the Defense, April 2004, at 39.

The Curse of Thamus: An Analysis of Full-text Legal Document Retrieval, Daniel Dabney, 78 L. Libr. J. 5 (1986)

Weblinks: Web Guide to U.S. Supreme Court Research
Oyez: The U.S. Supreme Court Multi-Media
The United States Court System: The Chart
State Court Structure Charts
California Court Structure Chart
Overview of the California Court System
Map of the Federal Circuits
National Center for State Courts - Links to Court Web Pages
Cardiff Index to Legal Abbreviations

http://www.findlaw.com/
http://www.lexisone.com/
http://jurisearch.com

Official California:
California Cases (1850-present)
"Slip Opinions" (Supreme)
"Slip Opinions" (Appellate)

Official Federal:
Official Supreme Court Site (includes orders, opinions & oral arguments)
U.S. Courts of Appeal - Opinions by Circuit:
1st | 2nd | 3rd | 4th | 5th | 6th | 7th | 8th | 9th | 10th | 11th | DC | Federal
Additional links to circuit cases (with various search features)
Search all 13 Circuit Courts of Appeals' opinions

Findlaw Links:
Findlaw California: Case Law
FindLaw: Federal Cases
US District Courts - Listed on FindLaw by State

PowerPoint: Cases

Pathfinder Topics Due TODAY

Hour 2: Hands on Research


PowerPoint: Constructing A Search
(Thanks to Lee Ryan)

Search Form

 

 


 


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February 12 5. Digests and Updating the Law

Homework: First Assignment (will be due next week).

Jurisearch

Supplemental Facts

Hour 1: Digests (Key Numbers |Core Concepts)

Assigned Reading:

The Universe of Thinkable Thoughts: Literary Warrant and West's Key Number System, 99 Law. Libr. J. 229 (2007).

Outline of West's Digest of the Law

Digest Tutorial: A Review

Powerpoint: Digests and Citators

Hour 2: Shepard's and KeyCite.

Assigned Reading:

FINDING THE LAW, Berring & Edinger, 12th ed., Chapter 3, Citatators: Case Verification and Updating, 65-84.

William L. Taylor, Comparing KeyCite and Shepard's for Completeness, Currency, and Accuracy, 92 Law Libr. J. 127 (2000).

Jane W. Morris, A Response to Taylor's Comparison of Shepard's and KeyCite, 92 Law Libr. J. 143 (2000).

Susan Nevelow Mart, Cite Checking: A Brave New World, 25 L. Info. Alert 1,
2006.

J. Paul Lomio, Caveat Citator (Or Why Shepardizing Your Cases Isn't Always Enough) , S.F.Daily J., Jan. 31, 2008.

Mary Whisner, Practicing Reference: When Judges Scold Lawyers, 96 Law. Libr. J. 43 (2004).





Sign on to TWEN


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February 19

6.   "Unpublished" Cases & Depublication in California | Current Awareness | Law Reviews & Indexes

 

First Assignment Due TODAY in class.

Hour 1: "Unpublished," depublished, and partially published cases | Current Awareness

Assigned Reading:

Sarah E. Ricks, The Perils of Unpublished Non-precedential Federal Appellate Opinions: A Case Study of the Substantive Due Process State-created Danger Doctrine in One Court, 81 Wash. L. Rev. 217 (2006) Westlaw, Lexis

William R. Mills, The Shape of the Universe: The Impact of Unpublished Opinions on the Process of Legal Research, 19 N.Y.L. Sch. J. Hum. Rts. 59 (2003). Westlaw, Lexis.

Alex Kozinski and Stephen Reinhardt, Please Don't Cite This: Why We Don't Allow Citation to Unpublished Opinions (20 California Lawyer 43 (June 2000).

Steven B. Katz, The California Supreme Court's Experiment with Depublication Should Come to an End, 24-MAR L.A. Law. 43 (2001).
Westlaw, Lexis.

Federal Rulemaking

Powerpoint:Publication

A Few Selected Websites for Current Awareness:

The Library has an online subscription to the BNA International Trade Reporter.

American Society of International Law Insights
These 2-3 page articles on topics of current interest are written by international law experts.

BNA Family Law Reporter
The current guide to federal and state cases, legislation, trends, and issues in Family Law. Includes court cases, legislative and regulatory news, and other developments in key areas of family law. Covers state and federal issues. Published weekly every Tuesday.

CCH Human Resources is a research portal to CCH publications on Labor and Employment Law, Human Resources Management, Health Care Compliance, Food and Drug Law, Pensions, Benefits, Payroll, Safety/OSHA, and Global Employment Law.

Free BNA Current Awareness Alerts on corporate law and business; employment and labor law; environment, health & safety; health care services; human resources; intellectual property; and litigation.

The Tax Policy Center is a joint venture of the Urban Institute and the Brookings Institution. It researches pending tax issues, and will e-mail its newsletter on request.

Blogs:

The UCL Practitioner: A blog about California Business & Professions Code 17200 et seq.

The Ninth Circuit Blog: A blog for criminal defense attorneys practicing in the Ninth Circuit.

The 10b-5 Daily: A blog for news and events about securities class action litigation.

SCOTUSblog: A blog discussing recent developments in Supreme Court jurisprudence.

Sign on to TWEN

Hour 2:  Finding Articles & Using Indexes.
Guest Teacher: Linda Weir

Weblinks:Indexes to Legal Periodicals

CLASS PARTICIPATION PREPARATION:

Student presentations will be given in class on February 26.

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February 26 7. Other Secondary Sources

 

Sign on to TWEN

Hour 1: Restatements, Model Acts, Uniform Laws, and other secondary sources (Guest Teacher: Vince Moyer)

[The focus of this class will be on student presentations covering each of the assigned secondary sources: Assignment | Topics]

Assigned Reading:

FINDING THE LAW, Berring & Edinger, 12th ed., Chapter 6, Statutes, 159-160, Chapter 10: Secondary Authority, 311-316.

FUNDAMENTALS OF LEGAL RESEARCH, Mersky & Dunn, 8th ed., 2002, pages 405-427. Any additional pages mentioned in your assignment will be on course reserve at the Circulation Desk in the First Floor Library.

Weblinks:

Uniform Law Commissioners - Final Acts & Legislation

National Conference of Commissioners on Uniform State Laws - Drafts of Uniform and Model Acts

 
Hour 2: Multi-Jurisdictional Litigation Aids, Valuation Guides, Law Practice Management Tools, Legal Research Guides, and other secondary sources

[The focus of this class will be on student presentations covering each of the assigned secondary sources: Assignment | Topics]

Assigned Reading:

FINDING THE LAW, Berring & Edinger, 12th ed., Chapter 10: Secondary Authority, 314-316, 323-326.

FUNDAMENTALS OF LEGAL RESEARCH, Mersky & Dunn, 8th ed., 2002, Chapter 16 (350-362). Any additional pages mentioned in your assignment will be on course reserve at the Circulation Desk in the First Floor Library.

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March 4 8. Statutory Research  |  Federal & State
Sign on to TWEN

Hour 1: Federal Sources and State Sources

Guest Teacher: Chuck Marcus

Assigned Reading:

FINDING THE LAW, Berring & Edinger, 12th ed., Chapter 5, Statutes, 119-154.

On Second Thought, Court Finds, a Law 'Makes No Sense' NEW YORK TIMES (December 7, 2004) (Westlaw) (Lexis)

Suggested additional reading:

The US Code, the Statutes at Large, and Some Peculiarities of Codification, Michael J. Lynch, 16 LEGAL REF. SERV. Q. 69 -84 (1997).

Weblinks:

Thomas (Library of Congress) -- provides access to bills and public laws

Govtrack -- Follow the status of pending federal Legislation

United States Code from GPO ACCESS
United States Statutes and the United States Code: Historical Outlines,Notes, LisUts, Tables, and Sources

Powerpoint: Federal Statutes

Federal Statutory Research Examples

California Statutory Research

California Legislative Info
Bills (& legislative history)

Chaptered Laws
California Code
Constitution
Daily Legislative Calendar
Statutes & Amendments to the Code
Legislative Analyst's Office

State Legal Sources on the Web (online access to the bills, codes, session laws, regulations, and attorneys general opinions of the fifty states)

Powerpoint: State Statutes

 

Hour 2: Hands on Comparison




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March 18 9. Federal Legislative History | Federal Regulations

Readings for class: find out what courts do with legislative histories, and be prepared to discuss the case.

Homework: Assignment 2 is now online, and will be due in 2 weeks (April 1).

Hour 1: Federal Legislative History

Assigned Reading: Disabled in Action of Metro. New York v. Hammons, 202 F.3d 110 (2nd Cir. 2002), pages 124-129. Lexis Westlaw

FINDING THE LAW, Berring & Edinger, 12th ed., Chapter 6,
Legislative History, 166-200.

Research Guide: Compiling a Federal Legislative History (Hastings)

Federal Legislative Histories on a Shoestring: USCCAN Finding Chart, Diane Gleason, 18 LEGAL REF. SERV. Q. 93 (2001).

How Our Laws Are Made

Enactment of a Law: Procedural Steps in the Legislative Process

Weblinks: Years of the 1st - 110th Congresses (1789-2008)

Chart of the Legislative Process

LexisNexis Congressional


U.S.C.C.A.N (Westlaw)

Statutes at Large (Lexis)

Disabled in Action of Metropolitan New York v. Hammons, 202 F.3d 110 (2nd Cir. 2000) Lexis Westlaw

USCS citation: LexisNexis® 42 U.S.C.S. 1973gg-5

USCA  citation: 42 U.S.C.A. 1973gg-5


Updating Legislation:

GovTrack.us - legislative update service

Capitol Spotlight: Congressional Quarterly & C-Span bring you daily stories about legislation and news on Capitol Hill. You can sign up for e-mail updates

CapitolHearings.org is C-Span's website linking you to real time Congressional hearings.

CQ Today is fee-based full service daily reportage on Congressional news. Westlaw

Powerpoint: Federal Legislative History

Sign on to TWEN

Hour 2: Federal Regulations - Guest Teacher: Chuck Marcus

Assigned Reading:

FINDING THE LAW, Berring & Edinger, 12th ed., Chapter 8, Administrative and Executive Publications, 226-276.

Supplemental Resource: Tracking Current Federal Legislation and Regulations: A Guide to Resources, Congressional Research Service, February 28, 2007.

Weblinks:
Electronic Code of Federal Regulations
(Up to date but not official)
GPO Access Executive Branch Materials
Regulations.gov
Reginfo.gov
US Government Manual

Powerpoint: Federal Regulations

Handout: Making Regulations The Reg Map


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March 25 10. State Legislative History| Finding State Regulations | AG Opinions | Local Government Law | Multi-State Research

Sign on to TWEN

Hour 1: State Legislative Process

Assigned Reading:

Say What You Mean and Mean What You Say: The Resurrection of Plain Meaning in California Courts, Russell Holder, 30 U.C. Davis L. Rev. 569 (1996-1997). Westlaw Lexis

Kaufmann & Broad Communities, Inc. v. Performance Plastering, Inc.
133 Cal.App.4th 26, 34 Cal.Rptr.3d 520 (2005)

Weblinks: Legislative History Research Guides (online access to guides for the fifty states)

Compiling a California Legislative History (Hastings)

PowerPoint: California Legislative History

 

Hour 2:  State Regulations: Finding and Updating Them |Attorney General Opinions | Local Government Law | Multi-State Research

Legal Research Guide: California Regulations & Administrative Law (Hastings)

Powerpoint: California Regulations

Local Government Law

Local Government Law (Hastings)

Lexis (selected codes from 34 states

Municipal Code Corporation:  Includes Local Ordinances.

The Seattle Public Library hosts Municipal Codes Online, a page of links to free, searchable city and county codes, organized by state.

California Local Codes And Charters at the UC Berkeley Institute of Governmental Studies Library:  The IGS Library maintains a large depository collection of local ordinance codes and charters issued by California cities and counties.  Their website includes a list of currently available codes and charters issued in loose-leaf format; links are provided to electronic editions, when available.

Comparative State Law

Subject Compilations of State Laws.   Cheryl Rae Nyberg, editor.  Westport, Conn. : Greenwood Press, 1981- current.   LOCATION: Reference Desk  KF1 .N93.

National Conference of State Legislatures Legislative Tracking

 


Pathfinders

 





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April 1 11. Google and Beyond - For Lawyers

Assignment 2

DUE TODAY

Hour 1:  Google for lawyers. The Wayback Machine. Evaluating Internet resources.
Guest Teacher: Chuck Marcus

Assigned Reading:

Gregg Notess, Review of Google, Search Engine Watch (Last updated Oct. 10, 2006)
Danny Sullivan, How Search Engines Work Search Engine Watch (Oct. 14, 2002)

Danny Sullivan, How Search Engines Rank Web Pages Search Engine Watch (Jul. 31, 2003)

Powerpoints: Google and Beyond

Websites:
Google Web Search Features
Google Optionss


 

Sign on to TWEN

Hour 2: Hands on Research: Advanced Web Surfing

 

 


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April 8

12. Non-Legal Research | Knowledge Management - Law Firm Librarians

Sign on to TWEN

Hour 1: Finding non-legal materials

Business Research

Company and Industry Research

 

 

 

 

 

Hour 2:   Law Firm Librarians / Knowledge Management

Reading: Giving Legal Research Assignments to Others

Guest Panel:

Todd Bennett, Thelen, Reid, Brown, Rayman & Steiner    Powerpoint

Mary Staats, Farella, Braun & Martel Powerpoint       Powerpoint

 


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April 15 13. International Law & Foreign Law
Sign on to TWEN

Hour 1: International Law: Public International Law, Private International Law.

Guest Teacher: Hilary Hardcastle
UC Hastings Law Library
Reference Librarian



• Powerpoint:
Researching International Law

• Weblinks:
EISIL
Electronic Resources for Int'l Law (ASIL)
E.U. Law @ Europa
- Court of Justice
- EUR-Lex (includes CELEX)
- Official Journal
GlobaLex: International & Comparative Law Research Guides
Hastings Adv. Int'l Law Research Webpage
Hastings UN Webpage
LLRX: International Law Research Guides
U.N. Treaty Collection
U.S. Treaties in Force

• In-Class Assignment:
Treaty Research In Practice (.pdf)

 
Hour 2:  Foreign Law: Print sources, online sources, translations, and more.

Guest Teacher: Vincent Moyer
UC Hastings Law Library
Foreign, Comparative & International Law Librarian

• Powerpoint & Outline:
Powerpoint: Foreign Law Research
Outline: PDF & Word

• Weblinks:
Cornell's Legal Research Engine
Columbia Law School's List of Foreign Legal Research Guides
LLRX Research Guides
GlobaLex (NYU School of Law's Foreign & Int'l Legal Research Guides)
Online Foreign Law Guide (enter ID for off-campus access)
Foreign Collections by Jurisdiction (NYU)
Web Resources: Foreign Law (Harvard)
Guide to Law Online (Library of Congress)
World Legal Information Institute (WorldLII)
Intute Law Gateway (University of Bristol Law Library)

• In-Class Assignment:
Finding Foreign Law (.pdf)





 


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April 22 14. Court Rules, Briefs, Dockets & Jury Instructions | Revisiting Research Strategies

PATHFINDERS DUE

TODAY

by 5:00 p.m.

Hour 1:

Assigned Reading:

FINDING THE LAW, Berring & Edinger, 12th ed., Chapter 9, Court Rules and Practice, 278-306.

Court Rules and Jury Instructions. Finding Briefs.

Robert J. Ambrogi. 47 Res Gestae 48, A Brief Summary: Free Briefs on the Web (2003), available on Westlaw.

LLRX Court Rules

LII Court Rules

Plain English Jury Instructions: Civil

State and Local Government on the Net

California Court Rules Conversion Chart (with a link to the new rules)

Smart Rules

Dockets

Public Access to Court Records

Free Court Case Docket Monitoring

Pacer

Powerpoint: Briefs, Dockets, Jury Instructions, & Rules

 

 

Sign on to TWEN
Hour 2: Revisiting Research Strategies

Assigned Reading:

The Impact of the Internet and Other Electronic Sources on an Attorney's Duty of Competence Under the Rules of Professional Conduct, Michael Whiteman, 11 Alb. L. J. Sci. & Tech. 89 (2000). Lexis Westlaw

The Perils of Online Legal Research: A Caveat for Diligent Counsel, 29 Am. J. Trial Advoc. 81 (2005). Westlaw

Research Plan Handout


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Prepared by Susan Nevelow Mart, Faculty Services Librarian and Adjunct Professor of Law. Contact . 415-565-4759 |Office:435 - 200 Building | Last updated April 17, 2008 |
Office Hours Thursday 11:30 to 12:30

 

 

 

 

 

 



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