1. Secondary Sources BLS Winter 2005 Kristy Moon, Cheryl Nyberg, Mary Whisner

2. Announcements Some BLS profs are in SF, attending AALS Some BLS profs are in SF, attending AALS Reminder: Reminder: reread course overview reread course overview read winter quarter syllabus -- note dates! read winter quarter syllabus -- note dates! Recommended texts Recommended texts Assignment will be posted today Assignment will be posted today

3. Research Strategy Preliminary analysis Preliminary analysis Statutes Statutes Cases – mandatory precedent Cases – mandatory precedent Persuasive authority Persuasive authority Refine, double-check, and update Refine, double-check, and update

4. Preliminary analysis What’s the question? What’s the question? What are key terms? What are key terms? What do you already know? What do you already know? Use secondary sources to get overview and leads. Use secondary sources to get overview and leads.

5. What Are Secondary Sources? An exclusive definition: Everything except cases, statutes and regulations (primary sources). An exclusive definition: Everything except cases, statutes and regulations (primary sources). An inclusive definition: dictionaries, encyclopedias, treatises, ALRs, law review articles, casebooks, outlines, etc. An inclusive definition: dictionaries, encyclopedias, treatises, ALRs, law review articles, casebooks, outlines, etc.

6. What Are They Good For? Finding primary law: cases, statutes, regulations Finding primary law: cases, statutes, regulations Explanations and interpretations Explanations and interpretations Background in unfamiliar areas Background in unfamiliar areas Answers to many common questions Answers to many common questions

7. What Are They Good For? Methods of Methods of Analysis of problems Analysis of problems Research Research Terms of art (e.g., use in searching on Westlaw/Lexis) Terms of art (e.g., use in searching on Westlaw/Lexis) May be persuasive authority May be persuasive authority

8. The work has been done for you! Use someone else’s expertise to aid and guide your research, to help you analyze and interpret the law. Save time! Save clients money! THE REAL REASON

9. General Ideas for Using Secondary Sources Look for an index Look for an index Look for a TOC Look for a TOC Consider currentness Consider currentness use supplement (pocket part? looseleaf?) use supplement (pocket part? looseleaf?) are cases & statutes cited still good law? (we’ll discuss ways of updating later) are cases & statutes cited still good law? (we’ll discuss ways of updating later)

10. Examples of Secondary Sources : Dictionaries Dictionaries Encyclopedias: Encyclopedias: AmJur, CJS, individual state Treatises Treatises Single volume/multi-volume Bound, loose-leaf, electronic ALRs ALRs

11. Even More Examples: Law review articles Law review articles Casebooks Casebooks Form books Form books Practice manuals Practice manuals Self-help (Nolo Press) Self-help (Nolo Press) Outlines: Gilberts, Emmanuel, Legalines Outlines: Gilberts, Emmanuel, Legalines

12. Print vs. Online c ost, efficiency, coverage, availability, usability, personal preference … Consider Crunchy Cremes – What general topic would you want to investigate? You might consult a treatise: Trade Secrets: A Practitioner’s Guide by Henry Perritt

13. Clicking on the hypertext takes you to the text of that chapter. The only way to search then is by browsing the text. There is no online index. There is no way to expand this “Table of Contents”

14. Table of Contents from Trade Secrets: A Practitioner’s Guide

15. Index from Trade Secrets A Practitioner’s Guide

16. Text Selection from Trade Secrets: A Practitioner’s Guide

17. Legal Encyclopedias What: Comprehensive set of articles What: Comprehensive set of articles Access: Access: Articles in alpha order Articles in alpha order Index pamphlets at end Index pamphlets at end Why use one: Why use one: To get an overview of an area To get an overview of an area To start finding cases To start finding cases

18. Legal Encyclopedias (cont.) Authority: Rarely cited as authority Authority: Rarely cited as authority Updated: Pocket parts or online Updated: Pocket parts or online Two major: AmJur2d and CJS Two major: AmJur2d and CJS Individual States: Washington Practice Individual States: Washington Practice

19. Encyclopedias: AmJur v. CJS Try them both. Try them both. Sometimes coverage or currency differs. Sometimes coverage or currency differs. Different citations to other works. Different citations to other works. And now, let’s search AmJur on Westlaw AmJur on WestlawAmJur on Westlaw

20. Legal Periodicals What: law reviews, newspapers, trade publications What: law reviews, newspapers, trade publications Why use them: Why use them: New issues New issues New thinking on old issues New thinking on old issues Focus Focus Authority: Authority: Scholarly v. news source. Scholarly v. news source.

21. Legal Periodicals Indexes: Indexes: Online: LegalTrac, LRI Online: LegalTrac, LRI Print Print Access (text): Access (text): Print Print HeinOnline HeinOnline LexisNexis, Westlaw LexisNexis, Westlaw Updated: Online Updated: Online Let’s try LegalTrac LegalTrac

22. ALRs (American Law Reports) What: articles (“annotations”) about specific area of the law What: articles (“annotations”) about specific area of the law Why use them: Why use them: Comprehensive (if there’s an annotation on your issue) Comprehensive (if there’s an annotation on your issue) Does your research for you – cites relevant primary materials and other practice materials Does your research for you – cites relevant primary materials and other practice materials Summarizes caselaw Summarizes caselaw Organizes material by state Organizes material by state

23. ALRs Authority: Annotations are sometimes cited. Most valuable for case finding. Authority: Annotations are sometimes cited. Most valuable for case finding. Access: Access: Index (print). Index (print). Full-text searching. Full-text searching. Don’t bother with the Digest. Don’t bother with the Digest. Updated: Pocket parts and online. Updated: Pocket parts and online. Let’s try ALR … Let’s try ALR …ALR

24. Some Final Thoughts Secondary sources give you background, analysis, citations. Try out these sources to learn what they can do. Your first opportunity: an assignment posted on the BLS website today.