UC Hastings College of the Law Library Logo
Catalog Website
 

Advanced Legal Research SPRING 2010


January 13

1. Introduction

SYLLABUS

Overview of class requirements | Review library and class web pages | Questionnaire | Assignments | 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. Please check the web page every week. Entries may be revised, and readings and links may be added or deleted.

Sign on to TWEN and check for quizzes.

Come prepared to discuss the following readings:

Assigned Reading:

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

Clark D. Cunningham, What Clients Want From Their Lawyers, 2009, Georgia State University College of Law, Legal Studies Research. Click on one of the download buttons when you get to the website to download and read this article.

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

Top


January 20

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

Sign on to TWEN and check for quizzes.

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


Websites:

Venn Diagram for Boolean Searching: Chart Graphically

Search Engine Showdown's Features Chart

Assigned Reading:

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

Barbara Bintliff, Electronic Resources or Print Resources: Some Observations on Where to Search,14 No. 1 PERSPEC 23 (2005) Westlaw

Duane L. Ostler, The Strength Is In The Research, 20 Utah Bar J. 42 (2007) Lexis Westlaw

Jordan Furlong, Core Competence: 6 New Skills Now Required of Lawyers, Law21.ca, Jul. 4, 2008

Powerpoint: Questions to Ask and Answer

How to find a treatise and searching subject specific resources.

Guest Teacher: Linda Weir
Head of Public Services

Powerpoint: Treatises

Top


January 27

3. Interviewing the Partner | Lexis & Westlaw

Sign on to TWEN and check for quizzes.

 

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

Guest Speaker:
Chuck Hansen

Specialized Westlaw Training with Mark Cygnet

Specialized Lexis Training with Debbie Myers

 

Top


February 3

4. Cases and Case Searching Strategies

Sign on to TWEN and check for quizzes.

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:

Barbara Bintliff, Mandatory v. Persuasive Cases, 9 No. 2 PERSPEC. TEACHING LEGAL RES. & WRITING 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

Fastcase

Google Scholar

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

PowerPoint: Cases

Hands on Research


PowerPoint: Constructing A Search (Thanks to Lee Ryan)

Search Form

Top


February 17

5. Digests and Updating the Law

Homework: Assignment 1 will be on online today and will be due next week (February 24).

Sign on to TWEN and check for quizzes.

 

Digests (Key Numbers |Core Concepts)

Assigned Reading:

Dan Dabney, 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

Powerpoint: Digests and Citators

Shepard's and KeyCite.

Assigned Reading:

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, Reining in the Results: The Use of Human Indexing and Computer Algorithms in West’s Headnotes & Key Numbers and LexisNexis’s Headnotes & Topics as Tools for Finding Relevant Case Law (September 14, 2009) (pre-publication draft).

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).

Top


February 24

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

First Assignment Due TODAY in class.

Group Secondary Sources Assignment will be handed out today. Group presentations will be given in class on March 3rd.


Sign on to TWEN and check for quizzes.

"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.

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.

Finding Articles & Using Indexes.


Guest Teacher: Linda Weir
Head of Public Services


Weblinks:Indexes to Legal Periodicals

Top


March 3

7. Other Secondary Sources

Sign on to TWEN and check for quizzes.

Model Acts, Model Codes, Restatements, Uniform Laws, Legal Encyclopedias and Other Secondary Sources

Guest Teacher: Vince Moyer
Foreign, Comparative and International Law Librarian

The focus of this class will be on student presentations covering each of the assigned secondary sources. Each 15 minutes group presentation will be given in class March 3rd. [See assignment.] Be prepared to answer questions on your topic.

Assigned Reading:

FUNDAMENTALS OF LEGAL RESEARCH, Barkan, Mersky & Dunn, 9th ed., 2009 (Chapter 16 "Legal Encyclopedias" / Chapter 17 "American Law Reports" / Chapter 19 "Treatises, Restatements, Uniform Laws, and Model Acts"). There are 3 copies in the library (including course reserve at the Circulation Desk).

Weblinks:

• Uniform Law Commissioners - Final Acts & Legislation
• Nat'l Conf. of Commissioners on Uniform State Laws - Drafts of Uniform and Model Acts
American Law Reports
Plain English Jury Instructions: Civil
CALCRIM Jury Instructions (2009-2010)

Class Presentation Materials: [See group assignments]
- Group #1: American Law Reports (powerpoint)
- Group #2: Jury Instructions (powerpoint)
- Group #3: Formbooks
- Group #4: Research Guides
- Group #5: Restatements (powerpoint)
- Group #6: Uniform Laws, Model Acts & Model Codes (powerpoint)
- Group #7: Legal Encyclopedias
- Group #8: Multi-State Research Tools (powerpoint)
- Group #9: Witkin & CEB Action Guides (powerpoint) (handout)

Top


March 17

8. Statutory Research  |  Federal & State

Sign on to TWEN and check for quizzes.

Federal Sources

Guest Teacher: Chuck Marcus
Head of Reference

Assigned Reading:


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

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, Lists, Tables, and Sources

Powerpoint: Federal Statutes

Federal Statutory Research Examples

California Statutory Research

Guest Teacher: Hilary Hardcastle
Reference Librarian

State Sources - Weblinks:

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

Top


March 24

9. Federal Legislative History | Federal Regulations

Federal Legislative History


Sign on to TWEN and check for quizzes.

Assigned Reading: Disabled in Action of Metro. New York v. Hammons, 202 F.3d 110 (2nd Cir. 2002), pages 124-129. Lexis Westlaw Find out what courts do with legislative histories, and be prepared to discuss the case.

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 (government) How a Bill Becomes Law

Enactment of a Law: Procedural Steps in the Legislative Process

Weblinks: Years of the 1st - 111th Congresses (1789-2010)

Chart of the Legislative Process

LexisNexis Congressional


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

Statutes at Large (Lexis)

FDsys

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

OpenCongress.org - 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

Agency Group Assignment

Federal Regulations


Guest Teacher: Chuck Marcus
Head of Reference

Assigned Reading:

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
govpulse.us
FDsys

Powerpoint: Federal Regulations

Handout: The Reg Map

Top


March 31

10. Regulation Presentations | State Legislative History| Finding State Regulations | AG Opinions | Local Government Law

Sign on to TWEN and check for quizzes.

Homework: Assignment 2 will be online today after class, and will be due next week (April 7).

Class Projects:

ERES powerpoint | pdf
FDA powerpoint

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

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

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

Powerpoint: California Regulations

Local Government Law

Weblinks:

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.

California Attorney General Opinions from 1986 to current are available at the Office of the Attorney General Website and can be searched by word, phrase or opinion number (e.g., 01-107). There is also a monthly opinion report current for pending assignments and activities of the Opinion Unit with links to newly issued opinions. Attorney General Opinions from 1943 to current are available in the 4th Floor Stacks (KFC780 .A55) and from 1852 to 1943 in Micrographics (KF5406.A619 A88).

PowerPoint: Local Government Law

Top


April 7

11. International Law & Foreign Law

Second Assignment Due TODAY in class.

Sign on to TWEN and check for quizzes. 

PART I - International Law

Guest Teacher: Hilary Hardcastle
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:
International Legal Research In Practice

PART II - Foreign Law: Print Sources, Online Sources, Translations & More

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

• Powerpoint & Outline:
Powerpoint: Foreign Law Research (.ppt)
Outline: Foreign Law Research (.pdf)

• Weblinks:
--Background Research--
World Legal Systems
Primer on the Civil-Law System (.pdf)
--Research Guides--
Cornell's Legal Research Engine
Columbia Law School's List of Foreign Legal Research Guides
LLRX Research Guides
GlobaLex (NYU)
Online Foreign Law Guide
China Law (Hastings)
Japan Law (Hastings)
--Summaries of Foreign Law--
Martindale-Hubbell International Law Digests
--Locate Journal Articles & Books--
Legal Journal Indexes
Hein Online
WorldCat
UC Hastings Library Catalog
UC Berkeley Law Library Catalog
--Primary Law in Subscription Databases--
LawTel (UK)
Beck Online (Germany)
Westlaw IE (Ireland)
Westlaw China
iSinoLaw (China)
LawInfoChina
--Foreign Law Research Portals--
Foreign Collections by Jurisdiction (NYU)
Web Resources: Foreign Law (Harvard)
Guide to Law Online (Library of Congress)
Global Legal Information Institute (GLIN) (Library of Congress)
World Legal Information Institute (WorldLII)
Intute Law Gateway (University of Bristol Law Library)
--Regional & Country Sites--
AsianLII
AustLII
CanLII
FINLEX
LegiFrance
iSinoLaw
LawInfoChina
--Subject Specific Portals--
Constitutions of the Countries of the World
WIPO's Collection of IP Laws
ILO's NATLEX Labor Law Collection
International Humanitarian Law at the National Level
--Collections of Case Law--
Global Courts
WorldLII Courts & Case Law
Refugee Case Law
Constitutional Case Law
--English Translations--
Austrian Laws in English (Gov’t website)
Finland Laws in English (FINLEX)
German Law Archive (Free subscription service)
German Translations (Gov’t website)
Institute for Transnational Law (Univ. of Texas)
Laws and Regulations of Cambodia
Judicial Assistance (U.S. Dept. of State)
--Expert Help--
GlobaLaw

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


        Top 

 


April 14

12. Google and Beyond - For Lawyers

Sign on to TWEN

and check for quizzes.

 

Google for Lawyers | Other Search Engines | The Wayback Machine | Evaluating Internet Resources |Hands on Research: Advanced Web Surfing

Guest Teacher: Chuck Marcus
Head of Reference

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
Google Search Questions

Web 2.0 still a No-go ABA Journal Sept 1, 2008
Exploring a ‘Deep Web’ that Google can’t Grasp, New York Times: 2009-02-23

Top


April 20

The Final Assignment will be online today after class and will be due in my office April 26 by 5 p.m. Please email a copy AND bring me a printed copy.



3. Court Rules, Dockets & Briefs | Knowledge Management | Research Strategies Revisited

 

Sign on to TWEN and check for quizzes.

Knowledge Management

Reading: Giving Legal Research Assignments to Others

Guest Speaker:

Camille Reynolds, Nossaman LLP, PowerPoint

Court Rules, Briefs & Dockets | Revisiting Research Strategies

Assigned Reading:

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

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

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

Pamela D. Pengelley, Fessing Up to Facebook: Recent Trends in the Use of Social Networking Websites for Insurance Litigation, http://ssrn.com/abtract=1352670 (Click on download when you get to the web page to read the article).

Weblinks:

LLRX Court Rules

LII Court Rules

Plain English Jury Instructions: Civil

CALCRIM Jury Instructions (2008)

CALCRIM Jury Instructions (2009 Supp.)

State and Local Government on the Net

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

Smart Rules

Public Access to Court Records

Free Court Case Docket Monitoring

Pacer

Powerpoint: Briefs, Dockets & Rules

Research Plan Checklist

Case Checklist

 

Top


Prepared by Susan Nevelow Mart, Faculty Services Librarian and Adjunct Professor of Law. Contact . 415-565-4759 |Office:435 - 200 Building | Last updated February 16, 2010 | Office Hours Thursday 3:30 to 4:30 and drop-in anytime.

Copyright © 2010 U.C. Hastings College of the Law. Redistribution or commercial use is prohibited without express written permission.