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Finding the Law: Cases, Statutes, and Regulations

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1 Finding the Law: Cases, Statutes, and Regulations
Ann Hemmens University of Washington Gallagher Law Library September 13, 2007

2 Presentation available online

3 Goals Basic introduction to U.S. legal research
Basic introduction to U.S. legal citation format Tour of Gallagher Law Library

4 Primary & Secondary Authority
Statement of "the law" from bodies with law-making authority Secondary Explain, interpret, and help you locate the primary law Includes: Treatises, Hornbooks, law review articles, legal encyclopedias, Restatements, Nutshells etc.

5 Organization of Federal & State Governments

6 How do Sources of Law Interact?
Court interprets a statute An earlier court decision is overruled by same court Statute held unconstitutional by a court Legislature writes statute in response to a case Agency proposed rules in response to statute.

7 Issues in Legal Research
What type of law might govern your question? statutes? regulations? cases? Which jurisdiction? federal or state or both? Did you update your research?

8 Court Structure – Federal & State
Court of Last Resort U.S. Supreme Court WA Supreme Court Intermediate Appellate Court Ninth Circuit* Court of Appeals * = Circuit map WA Court of Appeals Trial Court ↑ U.S. District Court for Western District of WA King County Superior Court

9 U.S. Legal Citation Format
The Bluebook: A Uniform System of Citation (KF245 .U th ed. in Reference Area) Going Beyond Casebooks Exercise,

10 Legal Citation format for CASES
Pate v. Threlkel, 661 So.2d 278 (Fla. 1995) Party 1 v. Party 2, [volume number] [reporter name] [page number] ([jurisdiction sometimes] [year]).

11 Tools for finding cases on particular subjects
Digests Index to National Reporter System. Find federal and state cases by legal issue or subject. Topic and Key Numbers. Examples: Federal Practice Digest, Pacific Digest. American Law Reports (ALR) and law review articles (secondary sources) Provide in-depth analysis of legal topic or case. Examples: Marjorie A. Shields, Annotation, Liability for Conversion and Misappropriation of Genetic Material, 121 A.L.R.5th 315 (2004). Edward J. Janger, 3 Genetic Information, Privacy and Insolvency, 3 J.L. Med. & Ethics 79 (2005). Lexis Nexis Academic (from UW Libraries LAW webpage)



14 Lexis Nexis Academic Available from UW Libraries LAW Subject webpage
Cases, statutes, regulations “Legal Research” Search Form Cases, Statutes, Regulations and secondary srouces (law review articles) “Get A Case” Search “Federal or State Case Law” Search Safer v. Pack, 715 A.2d 363 (NJ 1998) Pate v. Threlkel, 661 So.2d 278 Tarasoff, 131 Cal Rptr. 14 Norman Bloodsaw v. Lawrence Berkeley Laboratory, 135 F.3d 1260 Rust v. Sullivan, 500 U.S. 173 (1991) – gag rule re” abortion counseling if receive federal $ Washington v. Harper, 494 U.S. 210 (1990) – administer antispychotic meds against prison against wil. From WA.

15 Statutes Organized chronologically Session laws
U.S. Statutes at Large (Stat.) Laws of Washington Organized by subject (current laws in force) Code U.S. Code Revised Code of Washington

16 Legal Citation Format – U.S. laws
Public Law Pub.L. No Statutes at Large 115 Stat. 276 Codes 42 U.S.C. § § (2004) Title – United States Code – Sections – (year)

17 Image of U.S. Public Law Health Insurance Portability and Accountability Act of 1996, Pub. L. No HIPAA Pub. L

18 Annotated Codes Commercially-published Include text of law & history
Provide citations to cases, regulations, law review articles, encyclopedias, forms Updated promptly United States Code Annotated (USCA) United States Code Service (USCS)* *on LexisNexis Academic & Congressional

19 Finding Statutes Popular Names Table Index volume of USCS or USCA
USA Patriot Act (Pub. L , 115 Stat. 276)(Oct. 26, 2001) National Bone Marrow Registry Reauthorization Act of 1998 (42 U.S.C. § 274) Health Insurance Portability and Accountability Act (HIPAA) Index volume of USCS or USCA Cases Secondary sources (law review articles etc.) Lexis Nexis Academic Lexis Nexis Congressional US Code Service (sample search) Public Laws (sample search) Statutes at Large Legislative History (sample search)

20 Finding Statutes - online
Lexis Nexis Congressional and Academic Thomas ( Washington State Legislature ( CA Insurance Code Test for presence of genetic characteristics for determination of insurability. Pending federal legislation on genetic discrimination, privacy (even before 2000) LN Congressional – search for 42 USCS § 274 (2004) (show annotations) Organ procurement and transplantation network CIS Index search for “insurance” in Legislative History of HIPAA 1996 (Pub. L. No ) THOMAS: search current session for “genetic discrimination” – “Genetic Information Nondiscrimination Act of 2003 (S.1053) WA Legislature Site: search “genetic”, get WA Laws 2004 – ESB 6180 (prohibit genetic information in employment decisions) LN Academic: search CA “genetic and discriminat! and insur!” Model State Emergency Health Powers Act (MSEHPA) – portions of Act only become effective when public health emergency declared? A MODEL Act to help states to rapidly and orderly respond to bioterrorism, emerging epidemics, and other public health emergencies. (CDC) (Arizon, Florida, Utah, Maine (Chapter 694, 2002)

21 Where do you find Constitutions?
Federal United States Code Annotated (USCA) United States Code Service (USCS) [on LexisNexis Academic & Congressional] GPO Access, State Revised Code of Washington (RCW) All 50 state statutes on LexisNexis Academic Cornell’s Legal Information Institute,

22 Administrative Law Rules, regulations, and decisions created by administrative agencies (federal and state). Authorized by Statute Power to issue regulations & adjudicate disputes delegated to executive agencies by Congress via an enabling statute. Procedural Standards? YES = Administrative Procedure Act (APA) (5 USC §551 et seq.). Notice of proposed rule Comment period Final rule & response to comments

23 U.S. Regulations Federal Register Code of Federal Regulations
Published daily Includes: proposed regulations & new regulations Presidential documents: Executive Orders & Proclamations Code of Federal Regulations Published annually Includes: current rules & regulations in force Index & finding tables

24 Citation Format: Regulations
65 Fed. Reg (Jan. 21, 2000) Volume – Federal Register – Page (date) 7 CFR § (2003) Title–Code of Federal Regulations–Section (year)

25 Sample Regulation 42 CFR Part 121

26 How to find Regulations?
Index to the Code of Federal Regulations CFR Index volume (KF70 at Ref Area) USCS Index to the CFR (KF 62 at Ref Area) West’s CRF Index (KF70 .A34 at Ref Area) Federal Register Index “Unified Agenda” (published in April & October) Annotated Codes United States Code Annotated (USCA) United States Code Service (USCS) Secondary Sources Prefer options in Congressional Same time coverage Example searches Regs under HIPPA – 65 Fed. Reg (Dec. 28, 2000) – confidentiality & privacy of medical records. 29 C.F.R (rule to protect health care workers from exposure ot bloodborne pathogens – viruses causing Hepatitis B and AIDS) – from Occupational Safety and Health Administration. 1991, 63 Fed. Reg (1998) (DHHS rules requiring Organ Procurement and Transplantation Network to develop a nationwide organ allocation system based on need rather than location. LN Congressional: “organ allocation” “health and human services” “final rules” “past 10 years” DHS Organ Procurement and Transplantation Network 64 FR (amends 42 CFR Part 121)

27 Regulations Online LexisNexis Academic and Congressional
GPO Access,

28 Secondary Sources Law Reviews Books Full-Text on Lexis Nexis Academic
Use an index to find articles, LegalTrac Books Law Library Catalog UW Libraries Catalog

29 Update Your Research Cases – use online citator (Shepard’s or Keycite)
Statutes – check pocket parts & supplements (print) Regulations – use List of Sections Affected (LSA) & Federal Register (print)

30 Free Websites with U.S. Legal Information
Internet Legal Research Cornell’s Legal Information Institute Findlaw GPO Access Thomas U.S. Supreme Court

31 Conclusion Cases, Statutes, Regulations & law reviews available:
In PRINT – at Gallagher Law Library ONLINE – via UW Libraries “Law” subject webpage ( Questions? Ask a Librarian

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