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Legal Research on the Web
Boston College Law LibraryReality Legal Research Session
Mary Ann Neary Legal Information Librarian
April 7, 2006
On Beyond LexisNexis and Westlaw LexisNexis and Westlaw- major commercial
database systems - accessed through the Worldwide Web.
But … many other excellent sources for legal research on the Web, and most of them are free. Today: some of the most useful ones.
First, we'll start with a few tips on what you can and can't find on the web.
What are free websites good for? Primary materials: federal or state codes or
recent court opinions Always check: official or authentic?
Current items: cases or issues in the news
Government publications: state and federal, foreign and international
Background information from sources such as government agencies think tanks, or lobbying groups
Free web sites What works well – General tips
Official government sources, See .gov
Public service sites, See .org and .edu
Finding discrete documents Findlaw, Google, Google Scholar
International legal materials, foreign government sites
Concerns when using free sites Authentic? Official? How to cite? Concerns:
Confidentiality – electronic trail
What are free websites not good for? Complete, concise overview of the law
Use books or encyclopedias in print
Sophisticated full-text searching Use LexisNexis or Westlaw
Complex case-finding tools such as annotated codes or citation databases Use LexisNexis or Westlaw
What are free websites not good for?
Comparative research Search all states’ statutes on a topic
Historical materials Use print sources (LexisNexis or Westlaw)
Practice materials for a particular jurisdiction, e.g. legal forms
Starting Point Boston College Law Library Research
Pages www.bc.edu/schools/law/library/research
Find links to major sites
Locating state cases Issues re citation
Ask: Has the state adopted a public domain citation format? Check Blue Book
Ex.: Wisconsin has adopted public domain cites for cases decided after 12/31/1999
www.courts.state.wi.us Sample cite:
Glaeske v. Shaw, 2003 WI App 71, 261 Wis. 2d 549, 661 N.W.2d 72
Locating state statutes States post their statutory codes on the Internet;
not designated as official (and may not be designated as authentic)
www.state.ma.us/legis
Try a gateway site for links to each state, e.g. LII
Legal Information Institute www.law.cornell.edu Serves as a gateway to federal, state and
international legal research web sites Good resource for state-level materials,
e.g. Nevada regulations
Locating state regulations Legal Information Institute at Cornell Law
School – use as a starting point
Problem with regulation tracking: any proposed regulations? Default to checking that state agency’s website
for notices of pending regulations
LII – Links to Nevada primary material
Locating federal cases Note: No official public domain cite except for Supreme
Court
FindlawFind text of Newdow decision – case regarding Pledge of
Allegiance (Seeks to strike “under God”)
Need to know that it was decided in Fed. courts Findlaw – Must know which circuit to search Locate decision from 9th Cir.; text is in pdf format, but how to
cite it? http://news.findlaw.com/usatoday/docs/conlaw/
newdowus62602opn.pdf
How to know the status of this case? No free citator on the web Can use Shepard’s or Westlaw with a
credit card; approximately $5.00 to check a cite …
BUT…
Need the Federal Reporter cite!
Google Search Google for:
Newdow and pledgeYields a Washington Post article that supplies the Supreme Court’s docket number
Supreme Court site – Docket info
Supreme Court Docket No. 02-1624 Status: GRANTED
Title: Elk Grove Unified School District and David W. Gordon, Superintendent, Petitioners v. Michael A. Newdow, et al.
Docketed: May 9, 2003
Lower Ct: United States Court of Appeals for the Ninth Circuit Case Nos.:(00-16423) Decision Date: February 26, 2002 Rehearing Denied: February 28, 2003
Find Newdow opinion on Supreme Court site, but still no cite – just slip opinion
Federal Government Sites Executive Branch G.P.O. Access
Gateway to full-text U.S. government legal materials, esp. administrative law
www.gpoaccess.gov Includes: Federal Register, 1994-present;
Code of Federal Regulations, 1996- present; Public Laws
Federal Government Sites Legislative Branch http://thomas.loc.gov Includes: Full-text access to bills, 101st
Congress to 109th (current); Congressional Record; Committee Reports, 104th Congress to present; Treaties.
N.B. Can search multiple Congresses now
Federal Government Sites Judiciary Link to courts from www.uscourts.gov
Supplies links to all courts, including individual circuits’ websites
Current (last few years) opinions available; issue re citation
Court Rules, Forms and Docket Info www.llrx.com/courtrules
Links to over 1,400 sources for state and federal court rules, forms and dockets
International Legal Materials International law definition:
“Law that governs relations between nation-states. In modern times, international law has evolved to include the relations between states and international organizations and even individuals.”
E.g. Charter of the U.N.; Universal Declaration of Human Rights; Geneva Convention
Web resource: http://www.asil.org/resource/ergintr1.htm
International Legal Materials
Foreign Law Materials Foreign Law definition:
“Law of another country” Ex: What are the inheritance laws of Germany?
Many foreign law metapages available: http://www.law.harvard.edu/library/services/research/
guides/international/web_resources/internet_foreign_law.php
World Law Institutehttp://www.worldlii.org/catalog/215.html
Library of Congress – Guide to Law Online http://www.loc.gov/law/guide/nations.html
Summary – Free vs. Fee-Based Sites Free sites
Watch for authenticity Reliable
provider/creator of site? May find info re gun
laws on NRA site but what incentive to give a balanced view of subject?
Commercial sites, e.g. LexisNexis, Westlaw, etc. Incur costs but reap
benefit of reliable source
Official citation available for legal materials
Citator services invaluable
Recommended