Research Review for Intensive Legal Writing By Connie Strittmatter May 30, 2006

Topics Covered Online Catalog (books) LegalTrac (law review articles) ALR-(secondary sources and case annotations) Digests (cases) Annotated Codes (laws) Legislative Histories (history of laws) CFR/Federal Register (regulations)

Research Scenario You are working for a law firm and the managing partner asks you to research whether the failure to permit a female employee to extend her maternity leave so she can continue to breastfeed her baby is in violation of the Pregnancy Discrimination Act.

Treatises Expositions by legal writers on case law and legislation pertaining to a particular subject and published in book form. Characteristics of Treatises 1). Table of Contents 2). Table of Cases 3). Subject Matter (the text) 4). Supplementation 5). Index.

Online Catalog   Library Catalog- the online catalog can be used to locate books on a subject.

Law Reviews Law review articles analyze and describe the law Any legal periodical will contain articles on employment or gender law, but some periodicals are specific to the subject. Ex. Harvard Journal of Law & Gender, Duke Journal of Gender Law & Policy, Berkeley Journal of Employment and Labor Law, and University of Pennsylvania Journal of Labor and Employment Law.

LegalTrac   Web based database containing citations to law review and legal newspaper articles. coverage from present

American Law Reports (ALR) Excellent secondary source Expository essays on significant legal topics Analysis and synthesis of cases on given topic

American Law Reports (ALR) Location: LAW CORE Access Points ALR Index (includes 2nd, 3rd, 4th, 5th and federal series) ALR Digest

ALR Index 130 ALR Fed 473

ALR Article

ALR References 42 USCS 2000e(k) CFR

ALR References Civil Rights 162, 387

ALR References Breastfeeding §32

Digests Subject arrangement Contain brief descriptive abstracts on point of law contained in a case Universal numbering system

Digests-Access Points Topical Outline Descriptive Word Index

Steps to researching in the digest Using the Descriptive Word Index or Topical Outline, locate the relevant topics and key numbers. Go to the digest volumes and read the headnotes under the topic and key number noting relevant cases

Steps to researching in the Digest Update digest search with pocket parts, supplementary pamphlets, interim digest volumes (closing tables) and digest sections of reporters or advance sheets Always read the full text of the case

Digest-Descriptive Word Index Employment Discrimination Civil R 162

Digest Entries Wallace v. Pyro Min. Co. 789 F.Supp. 867

Wallace v. Pyro Min. Co. Digest Entry

Digests-Additional Features Table of cases Words and Phrases

Annotated Codes Topical arrangement of laws that are currently in force Annotations Currency

Annotated Codes Access Points General Index Title Index Popular Names Table

Steps to researching in the annotated codes Using the General Index or Title Index or Popular Names Table locate the relevant sections. Locate sections in main volume of the set Review annotations

Steps to researching in the annotated codes Using the pocket part and advance legislative service, update the statute Shepardize to make sure no court decisions declared statute unconstitutional.

Popular Names Table Pub.L , Oct. 31, 1978, 92 Stat (42 §2000e(k))

42 USCA 2000e(k)

Legislative Histories Documents relating to the passage or rejection of a proposed law Used to define legislative intent Can be very time consuming Results may be ambiguous

Components of a Legislative History Bill (in all its variations) Committee hearings Committee reports Congressional debates Presidential approval or veto message

Compiled Legislative Histories Sources of Compiled Legislative Histories Federal Legislative Histories: an Annotated Bibliography and Index to Officially Published Sources Union List of Legislative Histories

Getting Started Identify the statute Locate public law numbers for original enactment and pertinent amendments

Finding aids when researching in print resources United States Code Congressional and Administrative News Contains public laws Legislative history volume Not comprehensive; use for an overview

USCCAN-Public Law Legislative History HOUSE REPORTS: No accompanying H.R (Comm. On Education and Labor and No (Comm. Of Conference). SENATE REPORT no (Comm. On Human Resources). CONGRESSIONAL RECORD: Vol. 123 (1977): Sept. 15, 16, considered and passed Senate Vol. 124 (1978): July 18, H.R considered and passed House; proceedings vacated and S.995, amended, passed in lieu. Oct. 13, Senate agreed to conference report Oct. 15, House agreed to conference report WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 44 (1978): Oct. 31, Presidential statement Citations to Leg. History documents For Legislative History of Act, see p. 4749

USCCAN-Legislative History Excerpt from House Report

Finding aids when researching in print resources CIS Index Legislative history volume arranged by P.L. number (1986-present) Lists citations to reports, hearings, debates, and other relevant documents Accompanying microfiche set provides full- text to public laws and hearings

Online Resources and Websites Thomas Bills - 101st Congress 1989-present Reports - 104th Congress 1995-present Hearings - selective Debates - 101st Congress 1989-present

Thomas-

Online Resources and Websites Congressional Universe (library database) Locate citations to legislative documents from 1789-present Bills 1989-present Committee reports 1990-present Congressional Record 1985-present Hearings 1988-present

Congressional Universe

Federal Regulations Definition: rules or orders issued by various governmental departments to carry out the intent of the law Enabling act is legislation that creates an agency

Promulgating Regulations Proposed regulation is published Comment Period Agency publishes the final regulation

Where are they published? Federal Register Published weekdays Federal Register publishes: Proposed regulations Final regulations Notices Presidential documents

Federal Register Citation: 68 Fed. Reg (2003) Indexes Monthly cumulative indexes CIS Federal Register index

All the current federal regulations are codified in: The Code of Federal Regulations (CFR)

The CFR is arranged by…. Title (subject) Chapter (agency) Part (topic of agency function) Section

CFR Regulation PART 1604 – GUIDELINES ON DISCRIMINATION BECAUSE OF SEX SEC General principles Sex as a bona fide occupational Qualification Separate lines of progression and Seniority systems Discrimination against married Women Job opportunities advertising Employment agencies Pre-employment inquiries as to sex Relationship of title VII to the Equal Pay Act Fringe benefits Employment policies relating to Pregnancy and childbirth Sexual harassment APPENDIX TO PART 1604-QUESTIONS AND ANSWERS ON THE PREGNANCY DISCRIMINATION ACT, PUBLIC LAW , 92 STAT (1978)

CFR Index and Finding Aids Index Parallel Table of Authorities & Rules List of CFR Titles, Chapters, Subchapters & Parts Alphabetical list of agencies

CFR Index Sex Discrimination – Guidelines 16 CFR 1604

CFR-Table of Authorities 2000e et seq …..29 Parts

CFR-List of CFR Titles, Chapter, Subchapters, and Parts Title 29 - Labor Chapter XIV – Equal Employment Opportunity Commission 1604-Guidelines on discrimination because of sex

CFR- List of agencies Equal Employment Opportunity Commission , LXII; 29, XIV

Other Indexes USCS - CFR Index & Finding Aids CIS - Index to the Code of Federal Regulations

Publication Schedule January 1 - titles 1 through 16 April 1 - titles 17 through 27 July 1 - titles 28 through 41 October 1 - titles 42 through 50

To see if your regulation has recently been amended: Look at the cover of your CFR volume to see how current it is. Revised as of July 1, 2005

List of Sections Affected (LSA) Find the most recent LSA: List of CFR Sections Affected. Look at the dates on the first page of the LSA to see how current it is.

LSA-Title Page Title Changes July 2, 2002 through March 31, 2003

List of Sections Affected Your regulation will be listed in the LSA if it has been amended or repealed. Look for any proposed regulations, which are listed at the end of each title. Refers you to the Federal Register

LSA-Title 29 sections affected Section 1604 is not listed

Further Updating Check the last issue of each month of the Federal Register not included in the LSA. April 2006 May 2006 Look at the table in the back of each of these issues of the Federal Register called CFR Parts Affected During this month.

CFR and Fed. Reg. Online GPO Access CFR- Fed. Reg.- Cornell Law School Lexis, Westlaw, Congressional Universe, etc

LSA Online

Westlaw –RegulationsPlus First annotated CFR User-friendly index Browse Table of Contents