REAdy, SET, GO!Preparing for summer success

LEGAL Research Strategy

Spring 2011 Aslıhan Bulut

READY, SET, GO!

PREPARING FOR SUMMER SUCCESS

LEGAL RESEARCH STRATEGY

SPRING 2013ASLIHAN BULUT

&MICHELLE PEARSE

Project IntakeJ.U.S.T. A.S.K. T.E.N.*

J – Jurisdiction U – Useful tips S – Scope T – Terms of Art A – Acronyms S – Sources K – Key cost constraints T – Time E – End Product N – Now Summarize

*Referenced in the Bridge the Gap 2007 program by LLAGNY, courtesy of Michael Roffer, Reference Librarian, NY Law School

Research Process Flowchart

*Gotschall, Sarah. Research Process Tipsheet. http://www.aallnet.org/sis/ripssis/TeachIn/2008/GotschallResearchProcess.pdf

How to do Research in an Unfamiliar Area of Law?*

Use Secondary Sources treatises, encyclopedias, ALR, law reviews,

restatements, looseleaf services, etc. Use Finding Aids

research guides, pathfinders, bibliographies, indexes, table of contents

Use Practice Materials deskbooks, manuals, CLE (continuing legal

education) materials Use “Human” Resources

supervisor, librarians

*see “Here There Be Dragons: How to do Research in an Area You Know Nothing About.” P.R. Jarrett & M. Whisner in Perspectives: Teaching Legal Research & Writing, Winter 1998.

Start a Research Journal

Make note of the entire process of your research Every resource Every search term Every search

strategy Time spent

Resource

Time spent

Search Terms

Search Strategy

NY Jur 2d

20 min.

Conflict of Laws;Choice of law contracts

See annotations Use topic & key#s to find 1º sources

Research hypothetical

Our client from Boston is facing a charge of trafficking cocaine under G.L. c. 94C, § 32E(b) and other drug-related charges.   The drugs were found after a warrantless search by police and the use of a drug sniffing dog.  Could you gather information needed to submit a potential motion to suppress, including a sample motion?  In particular, could you research under what circumstances use of a drug sniffing dog is considered an unconstitutional search?

We have agreed to represent a nonprofit organization based in New York. The members of the organization expect that an eviction proceeding will soon be filed against them. There is a possibility of fighting the eviction with a claim of adverse possession. Please prepare a memorandum outlining the elements of adverse possession.

Reaching Your GoalKnowing When You Are Finished

Legal research is cyclical Research has a beginning and an end Controlling authorities (CA) in agreement Currency of your CA Persuasive authorities that support your CA Reconcile all contrary CA No more nagging questions left to be

answered Updates?

Sources via HLS and Beyond

Books, http://www.law.harvard.edu/library/research/books/index.html

Articles, http://www.law.harvard.edu/library/research/articles/index.html

Databases for Legal Research, http://www.law.harvard.edu/library/research/databases/index.html

Research Guides, http://www.law.harvard.edu/library/research/topics/index.html

Interdisciplinary Databases through Harvard E-Resources, http://eresearch.lib.harvard.edu/V?func=find-db-1

Selective List of Treatises*SUBJECT TITLEAdministrative Law Administrative Law Treatise (Davis)

Administrative Law Treatise (Pierce)

Antitrust Antitrust Law (Areeda)

Bankruptcy Collier on Bankruptcy

Constitutional Law American Constitutional Law (Tribe)

Contracts Corbin on Contracts

Copyright Nimmer on CopyrightPatry on Copyright

Criminal Law Wharton’s Criminal Law

Evidence Weinstein's Federal EvidenceEvidence: practice under the rules (Mueller)Wigmore on Evidence

Federal Practice Federal Practice and Procedure (Wright & Miller)Moore’s Federal Practice

First Amendment Smolla and Nimmer on Freedom of Speech: A Treatise on the First Amendment

Fourth Amendment Search & Seizure: A Treatise on the Fourth Amendment (LaFave)

Patents Chisum on Patents

Statutory Construction Statutes and Statutory Construction (Sutherland)

Torts Prosser and Keeton on the Law of Torts, Dobbs’ Law of Torts

*For an extensive list of treatises see Legal Treatises by Subject, http://libguides.law.harvard.edu/legaltreatises and Georgetown Law Library Treatise Finder http://www.ll.georgetown.edu/guides/treatisefinder.cfm See also LawTrio, Indexmaster and Legal Information Buyer’s Guide and Reference Manual

Selective List of NY Sources Gibson's New York legal research guide, 3rd ed.

2004. NY Jurisprudence 2nd

Carmody-Wait 2d cyclopedia of New York practice, with forms

New York forms; practice-oriented forms for New York legal and business transactions

New York Lawyer's Deskbook New York Law Reports Style Manual,

www.courts.state.ny.us/reporter/Styman_Menu.htm New York Rules of Citation (6th ed. 2011) New York Criminal Jury Instructions,

www.courts.state.ny.us/juryinst.htm New York treatises by topic,

http://a.nyls.edu/library/research_tools_and_sources/nytreatises

Many tools to make life easier!

Productivity tools Westlaw Lexis Internal systems Mobile!

Mobile Apps for Legal Research and More http://libguides.law.harvard.edu/mobileapps

Mobile Applications for Law Students and Lawyers http://libguides.law.ucla.edu/mobilelegalapps

ABA Blawg Directory (legal tech)

LawSites, Inter Alia

Before You Leave for the Summer

Talk with a librarian Try to do some background reading Review selected print and electronic sources

Nutshells, Hornbooks, Treatises, Looseleafs Zimmerman’s Research Guide

http://law.lexisnexis.com/infopro/zimmermans/ Specialized Legal Research by Penny Hazelton (Law School

Reference, KF240. S63) If practicing out of state, look at sources like

Searching the Law: The States by F. Doyle (Law School Reference, KF1.D69)

Research guides from law libraries in your state and other law schools, see, Georgetown, http://www.law.georgetown.edu/library/research/guides/index.cfm

HAVE A WONDERFUL SUMMER!

Summer Reference Desk HoursMonday-Friday 9am-5pm

617-495-4516http://asklib.law.harvard.edu/