1. ˆ(or, Free & Cheap Legal Research) Duke Law Library April 8, 2008 Jennifer L. Behrens Life After Rewards Points © Karen Watts

2. Lexis and Westlaw, post-J.D. After graduation (and over the summers), Lexis and Westlaw cut off free student access. After graduation (and over the summers), Lexis and Westlaw cut off free student access. May request summer extensions in special cases (RA work, moot court, journal, non-profit) May request summer extensions in special cases (RA work, moot court, journal, non-profit) Will receive email from reps soon Will receive email from reps soon Research charges will begin to add up – quickly. Research charges will begin to add up – quickly.

3. Sample charges Retrieving a document with citation: $6.00 Retrieving a document with citation: $6.00 Searching for a case in “all federal cases” database (incl. by party name): ~$75-$175 Searching for a case in “all federal cases” database (incl. by party name): ~$75-$175 Shepardizing or KeyCiting a single citation: $4.25-$6.00 Shepardizing or KeyCiting a single citation: $4.25-$6.00 Your firm may have a “flat rate”, but an overall increase in use will affect the rate when it’s time to renegotiate! Your firm may have a “flat rate”, but an overall increase in use will affect the rate when it’s time to renegotiate!

4. Today’s Agenda Low-cost research services Low-cost research services Loislaw Loislaw Versuslaw Versuslaw Casemaker Casemaker FastCase FastCase Free research sources & strategies Free research sources & strategies Cases & Briefs Cases & Briefs Statutes, Regulations, Legislative History Statutes, Regulations, Legislative History Forms & Other Practice Material Forms & Other Practice Material

5. Low-Cost Research Services In recent years, a number of smaller Lexis/Westlaw competitors have emerged. In recent years, a number of smaller Lexis/Westlaw competitors have emerged. These sources vary widely in their contents and costs. These sources vary widely in their contents and costs. Take advantage of the online tutorials and any student access you may receive during your time at Duke Law. Take advantage of the online tutorials and any student access you may receive during your time at Duke Law.

6. Loislaw http://www.loislawschool.com Students can register for a free account which lasts until 6 months after graduation (see librarian for access code). Students can register for a free account which lasts until 6 months after graduation (see librarian for access code). Username generated by Loislaw will be e-mailed, along with a password that you choose during registration. Username generated by Loislaw will be e-mailed, along with a password that you choose during registration.

7. Primary law includes opinions from all circuits and all 50 states. Some unpublished opinions are available. New cases are posted within 24-48 hours of publication. Secondary law includes many full- text subject treatises as well as CLE publications from selected states (including NY). Student accounts have only a limited preview of the treatises and bar publications.

8. In Loislaw, you may search across several different jurisdictions. Some other free & low- cost services do not allow a bridge between federal and state.

10. GlobalCite works similarly to Shepard’s and KeyCite, retrieving cases and secondary sources which cite the document in question.

12. Within a single database, you can search across multiple jurisdictions by using the check boxes and clicking “Continue”. Folders indicate that you can browse as well as search. Loislaw includes “Acts” (session laws) as well as “Statutes” (codes).

14. For search commands and other tips, view “Online Help”, linked from the bottom of every page.

15. Versuslaw http://www.versuslaw.com Students can register for trial access to the case law databases; trial accounts must be reactivated each year (possibly with some difficulty). Students can register for trial access to the case law databases; trial accounts must be reactivated each year (possibly with some difficulty). Password generated by Versuslaw will be e- mailed, along with the username you select during the registration process. Password generated by Versuslaw will be e- mailed, along with the username you select during the registration process.

18. More search commands are available on the “Search tips” link. The commands are very similar on all of these services, but not quite the same– always check before you search!

19. Premium subscribers have access to a citation service called V.Cite. Trial subscribers must check their citations with a full-text search across all Federal Circuits for the official U.S. Reports citation. Remember that District Courts are not included in that search. (Separate database.)

20. Versuslaw, cont. Student trials can access CASE databases only. Student trials can access CASE databases only. Versuslaw also contains statutes, regulations and court rules for most jurisdictions as part of the “Premium” and “Professional” plans. Versuslaw also contains statutes, regulations and court rules for most jurisdictions as part of the “Premium” and “Professional” plans. Forms are also available as separate database. Forms are also available as separate database. Help page includes a “Research Manual”, with tips and tricks for database searching. The various commands for field searching are published there. Help page includes a “Research Manual”, with tips and tricks for database searching. The various commands for field searching are published there.

21. Casemaker http://www.casemaker.us Contains: Federal case law from U.S. Supreme Court and Courts of Appeals; U.S. Code; C.F.R. “State Libraries” provide case law and statutes/regs for consortium members. Contains: Federal case law from U.S. Supreme Court and Courts of Appeals; U.S. Code; C.F.R. “State Libraries” provide case law and statutes/regs for consortium members. State bar associations must purchase access; is then “free and unlimited” to current members of the bar. State bar associations must purchase access; is then “free and unlimited” to current members of the bar. Currently, 28 state bar associations have subscribed to Casemaker, including North Carolina. Currently, 28 state bar associations have subscribed to Casemaker, including North Carolina.

23. Casemaker, cont. http://www.ncbar.org/join Membership is free to currently-enrolled law students; includes access to Casemaker. Membership is free to currently-enrolled law students; includes access to Casemaker. 2-3 business days to process membership; member # and password will be sent by e-mail. 2-3 business days to process membership; member # and password will be sent by e-mail. Questions? Contact Whitney von Haam (whitney@ncbar.org). Questions? Contact Whitney von Haam (whitney@ncbar.org).whitney@ncbar.org

24. Casemaker, cont. Consortium members include: North Carolina North Carolina Georgia Georgia Texas Texas Notable exclusions: California California Florida Florida New York New York

25. One For The Road FastCase http://www.fastcase.com 24 hour trial available through site; interactive online demo. 24 hour trial available through site; interactive online demo. Includes cases from federal district and U.S. Bankruptcy courts; as well as state appellate and supreme courts. Includes cases from federal district and U.S. Bankruptcy courts; as well as state appellate and supreme courts. Free front end (Public Library of Law). Free front end (Public Library of Law).

26. Newspaper search goes to a version of the Duke database “America’s Newspapers”. These non-case law resources link to free, publicly available web sites like government publishers and Findlaw.com.

27. Fastcase’s main advantages are natural language searching and Authority Check, which searches for cases that cite to your case (but is NOT intended as a full replacement for Shepard’s/KeyCite).

28. Free Research Online What kind of document am I looking for? What kind of document am I looking for? Who would normally be responsible for maintaining those documents in print? Who would normally be responsible for maintaining those documents in print? Where does the document “live” online (i.e., official government vs. free site)? Where does the document “live” online (i.e., official government vs. free site)? When was the document posted and/or the site last updated? When was the document posted and/or the site last updated?

29. Free Mega-Sites FindLaw (http://www.findlaw.com) FindLaw (http://www.findlaw.com)http://www.findlaw.com Legal Information Institute (http://www.law.cornell.edu/) Legal Information Institute (http://www.law.cornell.edu/)http://www.law.cornell.edu/ AltLaw (beta) [federal case law only] AltLaw (beta) [federal case law only] (http://www.altlaw.org/) http://www.altlaw.org/ Public Library of Law (http://www.plol.org/Pages/Search.aspx) Public Library of Law (http://www.plol.org/Pages/Search.aspx)http://www.plol.org/Pages/Search.aspx

30. Free: Cases & Briefs Opinions and court documents are usually posted on the web site of the court which issued the opinion. Opinions and court documents are usually posted on the web site of the court which issued the opinion. Briefs and opinions (at least at federal appellate level) are also often posted on legal research mega-sites like Findlaw and LII. Briefs and opinions (at least at federal appellate level) are also often posted on legal research mega-sites like Findlaw and LII.

31. Supreme Court actually includes bound U.S. Reports volumes in PDF (1991- ). Most courts only provide opinions in HTML or.txt.

36. After selecting “Briefs”, you will choose your term (1999- ) and view an alphabetical list of cases.

37. Presentation of available resources is clean and easy to read.

38. (almost) Free: Court docs Court documents at the lower federal court level (e.g., complaints and replies in district court) are usually available through PACER (Public Access to Court Electronic Records). Court documents at the lower federal court level (e.g., complaints and replies in district court) are usually available through PACER (Public Access to Court Electronic Records). PACER charges a per-page fee for document retrieval (currently $0.08). PACER charges a per-page fee for document retrieval (currently $0.08). Check the PACER recycling box (http://pacer.resource.org/) for recycled documents. Check the PACER recycling box (http://pacer.resource.org/) for recycled documents.http://pacer.resource.org/

40. (almost) Free: Court docs Court documents at the state court level may be posted on the court’s web site. Court documents at the state court level may be posted on the court’s web site. You may also have to contact the court clerk or court library directly, and pay a fee for copying services. You may also have to contact the court clerk or court library directly, and pay a fee for copying services. Look for a library research guide from a law school within the state. Look for a library research guide from a law school within the state.

41. Free: Statutes Session laws and codes are usually available on the web site of the jurisdiction’s legislature. Amount of years available will vary. Session laws and codes are usually available on the web site of the jurisdiction’s legislature. Amount of years available will vary. Federal : Available 1995-present via GPO Access, http://www.gpoaccess.gov/. Federal : Available 1995-present via GPO Access, http://www.gpoaccess.gov/.http://www.gpoaccess.gov/ State: Consult links on National Conference of State Legislature site: http://www.ncsl.org/public/leglinks.cfm. State: Consult links on National Conference of State Legislature site: http://www.ncsl.org/public/leglinks.cfm. http://www.ncsl.org/public/leglinks.cfm

42. Laws are arranged chronologically (Pub. L. No.) and are available in.txt and PDF. Bound volumes of the compiled Statutes at Large are currently only available for the 108 th Congress through this site. Statutes at Large is available (1789-2004) in PDF through HeinOnline, a low-cost database.

45. Free: Statutes Local (municipal) codes are sometimes posted on the county or city’s web site. Local (municipal) codes are sometimes posted on the county or city’s web site. Private publishers also make them available online: Private publishers also make them available online: http://www.municode.com/Resources/OnlineLibra ry.asp http://www.municode.com/Resources/OnlineLibra ry.asp http://www.municode.com/Resources/OnlineLibra ry.asp http://www.municode.com/Resources/OnlineLibra ry.asp http://municipalcodes.lexisnexis.com/ http://municipalcodes.lexisnexis.com/ http://municipalcodes.lexisnexis.com/ http://www.generalcode.com/webcode2.html http://www.generalcode.com/webcode2.html http://www.generalcode.com/webcode2.html http://www.codepublishing.com/elibrary.html http://www.codepublishing.com/elibrary.html http://www.codepublishing.com/elibrary.html

49. Free: Legislative History Federal legislative history material is widely available online through the Government Printing Office (GPO) and the Library of Congress. Federal legislative history material is widely available online through the Government Printing Office (GPO) and the Library of Congress. The Law Library maintains a research guide to these and other federal legislative history resources on our web site: The Law Library maintains a research guide to these and other federal legislative history resources on our web site: http://www.law.duke.edu/lib/researchguides/fedleg.html

50. THOMAS http://thomas.loc.gov http://thomas.loc.gov http://thomas.loc.gov Full-text bills and bill summaries (1973- ) Full-text bills and bill summaries (1973- ) Includes links to available committee reports and Congressional Record debates (usually 1994- ). Includes links to available committee reports and Congressional Record debates (usually 1994- ). Better search capability than GPO Access. Better search capability than GPO Access.

56. Links lead to the full text of the bill(s), report(s), debate(s), etc., which are available via GPO Access.

57. GPO Access http://www.gpoaccess.gov Full-text congressional committee reports, committee prints, selected hearings, Congressional Record, and much more through the Legislative Resources. Full-text congressional committee reports, committee prints, selected hearings, Congressional Record, and much more through the Legislative Resources. Also includes executive branch materials (more on that later). Also includes executive branch materials (more on that later). Many sources available in PDF. Many sources available in PDF.

61. You can search across multiple congresses, but it is much easier to retrieve documents by citation. Just enter the cite in quotes into the search box.

62. Free: Legislative History State materials will vary widely in terms of online availability. State materials will vary widely in terms of online availability. Generally, online resources will be somewhere on the state legislature’s web site. Generally, online resources will be somewhere on the state legislature’s web site. Look for a library research guide from an in- state law school, or consult a state-specific research guide for more info. Look for a library research guide from an in- state law school, or consult a state-specific research guide for more info.

64. Free: Regulations Federal regulations are available: Federal regulations are available: Federal Register (1994- ) through GPO Access, http://www.gpoaccess.gov/fr/index.html Federal Register (1994- ) through GPO Access, http://www.gpoaccess.gov/fr/index.html http://www.gpoaccess.gov/fr/index.html Code of Federal Regulations (1996- ), through GPO Access, http://www.gpoaccess.gov/cfr/index.html Code of Federal Regulations (1996- ), through GPO Access, http://www.gpoaccess.gov/cfr/index.html http://www.gpoaccess.gov/cfr/index.html Regulations.gov, http://www.regulations.gov Regulations.gov, http://www.regulations.govhttp://www.regulations.gov Individual agency sites (coverage varies) Individual agency sites (coverage varies)

66. GPO Access works best as a source for document retrieval– the search engine is not as powerful or sophisticated as other databases. For best results, know your citation and browse to it, rather than search.

67. Sections are available in.txt or PDF.

69. Free: Regulations State regulations are usually available through individual agency web sites; some administrative codes are also published online by the secretary of state’s office (http://www.nass.org/acr/html/internet.html). State regulations are usually available through individual agency web sites; some administrative codes are also published online by the secretary of state’s office (http://www.nass.org/acr/html/internet.html).http://www.nass.org/acr/html/internet.html University of Michigan maintains a good directory of links to State Legal Sources on the Web, http://www.lib.umich.edu/govdocs/statelaw.html University of Michigan maintains a good directory of links to State Legal Sources on the Web, http://www.lib.umich.edu/govdocs/statelaw.html http://www.lib.umich.edu/govdocs/statelaw.html

72. Free: Forms Forms required in a specific court are often available through the court’s own web site. Forms required in a specific court are often available through the court’s own web site. Findlaw (http://forms.lp.findlaw.com/) provides forms for specific jurisdictions, as well as sample contracts and “forms dealing with specific issues” (i.e., fill-in-the-blank forms). Findlaw (http://forms.lp.findlaw.com/) provides forms for specific jurisdictions, as well as sample contracts and “forms dealing with specific issues” (i.e., fill-in-the-blank forms).http://forms.lp.findlaw.com/

74. Links to other free form resources are also available here. Remember to evaluate their authority before using…

75. Free: Forms LexisONE (http://www.lexisone.com) is a mini-LexisNexis, designed for small firms. LexisONE (http://www.lexisone.com) is a mini-LexisNexis, designed for small firms.http://www.lexisone.com Portions of the site are free, but require registration. Portions of the site are free, but require registration. Selected forms from Lexis’ library of Matthew Bender publications are available for free download. Selected forms from Lexis’ library of Matthew Bender publications are available for free download.

76. Pay forms are automated (can be filled in online); free forms must be downloaded and printed. Only selected forms are available on the free list.

79. Free: Public Records Public records about people (births, deaths, marriages, incarcerations, real estate transactions) are usually maintained at the county government level. Public records about people (births, deaths, marriages, incarcerations, real estate transactions) are usually maintained at the county government level. http://www.searchsystems.net http://www.searchsystems.net http://www.searchsystems.net Provides a directory of free and pay public records resources.

81. Although the site won’t link you directly into these “free” sites without a paid account, you now have enough information about the database (i.e., who maintains it ) to find it quickly through a Web search.

83. Free: Public Records Public records about corporations are usually maintained at the state level (with the exception of publicly-traded companies’ securities filings, available through the SEC). Public records about corporations are usually maintained at the state level (with the exception of publicly-traded companies’ securities filings, available through the SEC). Information about registered corporations can be found through the secretary of state where the business is incorporated. Information about registered corporations can be found through the secretary of state where the business is incorporated.

86. Putting It All Together How do you know when it’s better (or safe) to use a free source instead of Lexis/Westlaw? How do you know when it’s better (or safe) to use a free source instead of Lexis/Westlaw? Consider these factors: Consider these factors: Currency of the source Currency of the source Authority of the source’s creator Authority of the source’s creator Ease of retrieving free vs. paid source Ease of retrieving free vs. paid source Proximity of project deadline Proximity of project deadline

88. Final Two Research Refreshers Thursday 4/10: Putting it All Together (taking a research assignment from start to finish) Friday 4/11: Business Law Boot Camp (*a special 2-part, 3-hour refresher; students can opt to attend the first or both parts) Good luck this summer!