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