introduction to legal information jason r. sowards massey law library april 25, 2010 management 599c
TRANSCRIPT
Introduction to Legal Information
Jason R. SowardsMassey Law Library
April 25, 2010Management 599c
Legal Information
*The* Law
(jurisdiction determines
mandatory or persuasive)
Judicial: courts publish
case law/judicial
opinions
State & Fed courts
Precedent!
Legislative: legislatures/
Congress publish statutes
Executive: administrative
agencies publish
regulations
Commentary *about* the
Law
Encyclopedias, articles,
treatises/books(always
persuasive)
Primary Authority
Secondary Authority
Top Resources for Legal Information
• Better question, “what do lawyers use when conducting legal research?”– For primary and secondary authority:
• Westlaw ($), LexisNexis($)• Casemaker/Fastcase• Free web (e.g., state legislature sites, Cornell LII,
Google Scholar for case law), and • Books
– Specialized practices may make use of other resources (e.g., CCH or RIA for tax)
– For current awareness, resources such as BNA provide topical newsletters, blogs, journals (e.g., Fordham Journal of Corporate & Financial Law)
Legal Literature
• The Law– Cases
• TOP: Westlaw, LexisNexis, Casemaker/Fastcase; Google Scholar, Court Web Sites (e.g., Delaware Chancery Court Opinions)
– Statutes• TOP: Same as cases; Others are state legislature web pages*
and Cornell’s LII (for United States Code)
– Regulations• TOP federal: same as cases and statutes and FDSys (for both
Federal Register and CFR); for state, regulations online via a search for “[state] administrative code” (usually maintained by state SOS)
Legal Literature
• Commentary About the Law– Types: treatises (books); legal periodicals,
encyclopedias, law-specific titles (ALR, Restatements)– Mainly Westlaw and LexisNexis and books• Published commercially, so not many free on the web
– Law review articles online from the journal itself, but also look at SSRN and Google Scholar
– Online encyclopedias such as Wex and Zimmerman’s Research Guide for cursory overview/context
Secondary Sources
• Legal Periodicals– Different formats• Law reviews, legal newspapers, bar journals
– *Big* journals are usually produced by law schools: law reviews (scholarly focus)• Edited by students = no peer review
– SSRN & bepress for early dissemination and opportunities for peer review
MERGERS
• When a merger happens legal issues?– Litigation (case law = primary)
• Corporate Law = contracts = state law (Delaware)
– Statutory/regulatory compliance• Statutes and regulations primary authority• Materials that tell you the legal requirements of conducting a
merger secondary authority
– Commentary about the law• Practical vs. Scholarly
– Drafting (transactional work) secondary authority (form books/model agreements)
– News/Current Awareness
Conducting Legal Research
• Advice law librarians give to law students:
START WITH SECONDARY SOURCES• Why?– They explain what the law is!
• Answers questions: federal/state, common law/statute
– They provide references to primary authority– They can provide sample documents and checklists– Example: A book on mergers and acquisitions would
provide references to the pertinent statutes, regulations, and/or case law
• Good lawyering means using secondary sources!
Mergers: Sample Secondary Authority
• Anatomy of a Merger– Focus is on
negotiations, but contains chapters on issues relevant to mergers from beginning to end
QUESTIONS?