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Legal Research
For the Discover the Law certificate
Annelise Sklar
Librarian for Political Science,
Law & Society, International
Government Information
What is the law?
What is the law?
The Law is the whole system or set of rules
made by the government of a town, state, country,
etc. (Merriam-Webster) to govern the conduct of
the people of
an organization,
community, society,
or nation (Wex/Nolo)
http://www.merriam-webster.com/dictionary/law
https://www.law.cornell.edu/wex/law
[Video]
When Congress makes a law,
its called _______________________________.
An executive agency makes
_______________________________________.
When a court interprets a law
its called _______________________________.
Group activity  5 minutes
1. Go to http://ucsd.libguides.com/sls
2. Go to the tab that matches your group number.
3. Examine the physical documents and the links on the guide.
 What are the titles of the documents you have?
 What branch of government do they represent?
 Describe the function of the documents. What kind of information is
included?
 What are some of the similarities you notice between the different
versions of the documents? Differences?
So how do we find the law?
1. Choose your research question,
hypothesis, or topic and keywords
 Develop your research
question, hypothesis, or thesis
statementor define your
specific case
 How is Title IX of the Education
Amendments of 1972 (20
U.S.C.A. 則則 1681 et seq.) applied
to sex discrimination in
educational environments?
1. Choose your research question,
hypothesis, or topic and keywords
 Break that statement into key
conceptsdont forget to think
about jurisdiction(s) that apply,
 Education
 sex discrimination
 united states
1. Choose your research question,
hypothesis, or topic and keywords
 Think of other ways to phrase
those concepts. Use synonyms.
Consider more specific words (to
narrow your focus) or more
general terms (to expand your
search), e.g.
 Education: schools, universities,
colleges...
 Sex: gender, identity...
 Discrimination: civil rights...
 Jurisdiction: United States  all
federal, maybe individual states
2. Choose tools that might be useful
for this project.
 You want a variety of
 Background sources
 Exhibits or Evidence sources
 Argument sources
 Method or Theory sources
 Each tool helps you find a specific,
limited kind and amount of information.
 Knowing which tools might help you find
what you're looking for will save you lots
of time.
Sls guide2018
The Legal Research Processcredit: Sarah Gotschall
Books (treatises, hornbooks)
Treatises are books or sets of books that cover a
single legal topic in depth. Hornbooks are one-
volume treatises, usually written for law students.
Look in an online library catalog like
(UC San Diegos library catalog)
 Tip: Many of the Librarys books are now ebooks.
Use to find the link.
 Tip: Not enough at UC San Diego, or the book you
want checked out?
 Try to request books from other San
Diego libraries
 Try to request books from other
University of California libraries
Law Reviews
The scholarly journals of the legal world
 Use these to
 Get background info
 Understand the legal discourse
 Save yourself time
 Avoid reinventing the wheel compiling primary sources
 Discover other secondary sources on your topic
Primary Sources (Primary Authority)
 Legislation
 Bills (proposed laws)
 Statutes (passed laws)
 US Code, state codes (laws arranged by subject)
 Court opinions
 Regulations
 Federal Register
 Code of Federal Regulations
Other Primary Sources
Primary sources are materials that
document the event when it happened
or as close to when it happened as
possible.
Items in the Library are cataloged in
and other resources are
available in specialized databases.
Examples include:
 News: particularly good for accounts of
sensational cases
 Government publications and official
documents
 First person accounts: diaries, letters,
oral histories, blogs
Legal Databases
The Library has three major databases for finding law
reviews and primary source material.
 Westlaw Next
 Best bet for appellate level cases, law reviews, and other
secondary sources. Has proprietary commentary.
 Nexis Uni (formerly LexisNexis Academic)
 Best bet for appellate level cases, law reviews, and some
other secondary sources. Has proprietary commentary.
 HeinOnline
 Best bet for primary sources and law reviews
Before you get started
 The licenses for most of our research tools
require that users are on UCSD IP addresses
 Are you on the wireless network at UCSD?
 Make sure youre using the UCSD-PROTECTED network.
 Are you off-campus?
 Make sure youre using the VPN
3. Choose your search strategies for
each research tool.
 In most databases, you can combine terms
with and (both terms must appear in the
hit)and or (one term must appear in the hitfor
synonyms or evenly weighted terms)
 education and discrimination; sex or gender
 In many databases, you can use a symbol such as
* or ! to take the place of letters to get hits with
multiple endings of a word
 sex*
 In many databases, you can combine words
together into phrases using quotation marks
 Example search:
(sex* or gender) and discrimination and education
4. Refine your search with limits.
 Most databases have some sort of limits
you can apply, for example:
 date ranges
 publication types (e.g., cases, statutes,
regulations, secondary sources, etc.)
 languages
 peer reviewed articles
 When you find good hits, look at the subject headings. These are controlled
vocabulary assigned to describe the topic in the database. Also skim the abstracts
for additional keywords. Try running new searches using those terms.
 Find more citations by looking at the bibliography/cited references of sources you
find. Sometimes these citations are included in the database. (Also read the
literature review in the article itself.)
 Find more citations by looking at sources that cite the sources you find. Look for a
times cited link in the database. (If your database doesnt have this, Google
Scholar does.) This is an especially good way to find core articles (and theory!) on
your topic.
5. Get the actual item.
 If the full text isnt available in your search
results. Look for the button.
 Link to full text if available.
 No full text?
 Try for the print
 No UCSD access at all?
 You can usually request the item from another
library using the link.
 For books, try or
6. Get the citation information. You
need this for your bibliography.
You list the works you cite so that readers
interested in your research can find and read the
resources you used to draw your conclusions.
 Email records to yourself as a backup.
 Some databases can export the citation in a
specific format (e.g. APA, Chicago, MLA)
 Use Zotero, EndNote Web, or Mendeley to
manage, store, and format your citations
7. Evaluate the items you find.
 Does it answer the
question?
 What are the
authors credentials?
 And what sources do
they cite?
 Is the source current
enough for the kind
of research you're
doing?
8. Try different tools & repeat
until you have enough
to answer your question!
 Check the help screens or guides to
each database for specifics on
combining your terms and whether your
results are ranked by date or relevance.
 When you find good hits, look at the
subject headings/descriptors. Try
running new searches using those
terms.
Try it yourself  5 minutes
 Divde back into 3 groups
1: Search Nexis Uni
2: Search Westlaw
3: Search Google Scholar
 Keywords:
 (sex* or gender) and discrimination and education
 Click on the top listed case.
 Questions:
1. What is the citation?
2. What jurisdiction is the case?
3. Is the case still good law?
4. Can you link to another case that cites this case?
To Recap
1. Start with a question or topic.
2. Think about where the answeror a
piece of the puzzlemight have been
articulated.
3. Choose tools that will help you find
those publications/information
sources.
4. Use those tools to find information
you can use.
5. Repeat.
Questions?

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Sls guide2018

  • 1. Legal Research For the Discover the Law certificate
  • 2. Annelise Sklar Librarian for Political Science, Law & Society, International Government Information
  • 3. What is the law?
  • 4. What is the law? The Law is the whole system or set of rules made by the government of a town, state, country, etc. (Merriam-Webster) to govern the conduct of the people of an organization, community, society, or nation (Wex/Nolo) http://www.merriam-webster.com/dictionary/law https://www.law.cornell.edu/wex/law
  • 6. When Congress makes a law, its called _______________________________.
  • 7. An executive agency makes _______________________________________.
  • 8. When a court interprets a law its called _______________________________.
  • 9. Group activity 5 minutes 1. Go to http://ucsd.libguides.com/sls 2. Go to the tab that matches your group number. 3. Examine the physical documents and the links on the guide. What are the titles of the documents you have? What branch of government do they represent? Describe the function of the documents. What kind of information is included? What are some of the similarities you notice between the different versions of the documents? Differences?
  • 10. So how do we find the law?
  • 11. 1. Choose your research question, hypothesis, or topic and keywords Develop your research question, hypothesis, or thesis statementor define your specific case How is Title IX of the Education Amendments of 1972 (20 U.S.C.A. 則則 1681 et seq.) applied to sex discrimination in educational environments?
  • 12. 1. Choose your research question, hypothesis, or topic and keywords Break that statement into key conceptsdont forget to think about jurisdiction(s) that apply, Education sex discrimination united states
  • 13. 1. Choose your research question, hypothesis, or topic and keywords Think of other ways to phrase those concepts. Use synonyms. Consider more specific words (to narrow your focus) or more general terms (to expand your search), e.g. Education: schools, universities, colleges... Sex: gender, identity... Discrimination: civil rights... Jurisdiction: United States all federal, maybe individual states
  • 14. 2. Choose tools that might be useful for this project. You want a variety of Background sources Exhibits or Evidence sources Argument sources Method or Theory sources Each tool helps you find a specific, limited kind and amount of information. Knowing which tools might help you find what you're looking for will save you lots of time.
  • 16. The Legal Research Processcredit: Sarah Gotschall
  • 17. Books (treatises, hornbooks) Treatises are books or sets of books that cover a single legal topic in depth. Hornbooks are one- volume treatises, usually written for law students. Look in an online library catalog like (UC San Diegos library catalog) Tip: Many of the Librarys books are now ebooks. Use to find the link. Tip: Not enough at UC San Diego, or the book you want checked out? Try to request books from other San Diego libraries Try to request books from other University of California libraries
  • 18. Law Reviews The scholarly journals of the legal world Use these to Get background info Understand the legal discourse Save yourself time Avoid reinventing the wheel compiling primary sources Discover other secondary sources on your topic
  • 19. Primary Sources (Primary Authority) Legislation Bills (proposed laws) Statutes (passed laws) US Code, state codes (laws arranged by subject) Court opinions Regulations Federal Register Code of Federal Regulations
  • 20. Other Primary Sources Primary sources are materials that document the event when it happened or as close to when it happened as possible. Items in the Library are cataloged in and other resources are available in specialized databases. Examples include: News: particularly good for accounts of sensational cases Government publications and official documents First person accounts: diaries, letters, oral histories, blogs
  • 21. Legal Databases The Library has three major databases for finding law reviews and primary source material. Westlaw Next Best bet for appellate level cases, law reviews, and other secondary sources. Has proprietary commentary. Nexis Uni (formerly LexisNexis Academic) Best bet for appellate level cases, law reviews, and some other secondary sources. Has proprietary commentary. HeinOnline Best bet for primary sources and law reviews
  • 22. Before you get started The licenses for most of our research tools require that users are on UCSD IP addresses Are you on the wireless network at UCSD? Make sure youre using the UCSD-PROTECTED network. Are you off-campus? Make sure youre using the VPN
  • 23. 3. Choose your search strategies for each research tool. In most databases, you can combine terms with and (both terms must appear in the hit)and or (one term must appear in the hitfor synonyms or evenly weighted terms) education and discrimination; sex or gender In many databases, you can use a symbol such as * or ! to take the place of letters to get hits with multiple endings of a word sex* In many databases, you can combine words together into phrases using quotation marks Example search: (sex* or gender) and discrimination and education
  • 24. 4. Refine your search with limits. Most databases have some sort of limits you can apply, for example: date ranges publication types (e.g., cases, statutes, regulations, secondary sources, etc.) languages peer reviewed articles When you find good hits, look at the subject headings. These are controlled vocabulary assigned to describe the topic in the database. Also skim the abstracts for additional keywords. Try running new searches using those terms. Find more citations by looking at the bibliography/cited references of sources you find. Sometimes these citations are included in the database. (Also read the literature review in the article itself.) Find more citations by looking at sources that cite the sources you find. Look for a times cited link in the database. (If your database doesnt have this, Google Scholar does.) This is an especially good way to find core articles (and theory!) on your topic.
  • 25. 5. Get the actual item. If the full text isnt available in your search results. Look for the button. Link to full text if available. No full text? Try for the print No UCSD access at all? You can usually request the item from another library using the link. For books, try or
  • 26. 6. Get the citation information. You need this for your bibliography. You list the works you cite so that readers interested in your research can find and read the resources you used to draw your conclusions. Email records to yourself as a backup. Some databases can export the citation in a specific format (e.g. APA, Chicago, MLA) Use Zotero, EndNote Web, or Mendeley to manage, store, and format your citations
  • 27. 7. Evaluate the items you find. Does it answer the question? What are the authors credentials? And what sources do they cite? Is the source current enough for the kind of research you're doing?
  • 28. 8. Try different tools & repeat until you have enough to answer your question! Check the help screens or guides to each database for specifics on combining your terms and whether your results are ranked by date or relevance. When you find good hits, look at the subject headings/descriptors. Try running new searches using those terms.
  • 29. Try it yourself 5 minutes Divde back into 3 groups 1: Search Nexis Uni 2: Search Westlaw 3: Search Google Scholar Keywords: (sex* or gender) and discrimination and education Click on the top listed case. Questions: 1. What is the citation? 2. What jurisdiction is the case? 3. Is the case still good law? 4. Can you link to another case that cites this case?
  • 30. To Recap 1. Start with a question or topic. 2. Think about where the answeror a piece of the puzzlemight have been articulated. 3. Choose tools that will help you find those publications/information sources. 4. Use those tools to find information you can use. 5. Repeat.