LAW 470.

AMERICAN LAW IN A GLOBAL CONTEXT

UCLA School of Law

Fall 2025

Library Reader

(Read pages 1-37 prior to August 18 class

and pages 38-69 prior to August 20 class)
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The following material is excerpted from KENT C. OLSON AND AARON
S. KIRSCHENFELD, PRINCIPLES OF LEGAL RESEARCH (4th ed., 2025),
https://subscription.westacademic.com/Book/Detail?id=28956

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Chapter 1

Table of Sections

Sec.

1.1 The Forms of Legal Information

(a) Current and Historical Information

(b) Primary and Secondary Sources

(c) Print and Digital Sources

1.2 Research Methods

(a) Finding Legal Information Online

(b) Legal Research Platforms

(c) Print Resources

1.3 Handling a Research Project

(a) First Steps

(b) In-Depth Research

(c) Having Current Information

(d) Completing a Project

—————

Legal research is not a one-size-fits-all endeavor. No two research inquiries are alike. A wide range of knowledge
and a diverse collection of resources are required for effective and thorough research. A major online platform such
as Lexis or Westlaw is effective and sufficient for some projects but not all. For other research projects, you will
need to consult a variety of books and online platforms with a seemingly limitless array of information.

There are, however, basic concepts that will enhance your work no matter what course it follows. This chapter
outlines some of the baselines of research methodology, then provides a broad overview of how to approach a
research project.

§ 1. 1 The Forms of Legal Information

While legal information bears similarities to literature in other disciplines, several key features distinguish research
in the law. First, law is unique in that many historical sources from decades or centuries ago continue to have just as
much validity as the latest material available online. Second, researchers must also understand

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the crucial dichotomy in law between primary and secondary authorities. Finally, even though researchers do most
of their work online, legal research cannot be limited to digital
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platforms. Some content is still published only in
print or has not yet been digitized.

(a) Current and Historical Information

Legal systems are created over the course of time, and the law in force today is a combination of old and new
enactments and decisions. The United States Constitution has been in force for over 230 years, and many judicial
doctrines can be traced back even farther. Other laws are just days or weeks old, as legislatures, courts, and
executive agencies continue to address issues of current concern.

These laws have been published as they were issued, and they retain their force and effect until they are expressly
repealed or overruled. A medical text from the 18th century has little current value, but a judicial decision or statute
from that period can still be binding law today. A large law library or a comprehensive online research platform has
millions of documents dating back hundreds of years. The basic tools of legal research have been shaped by the
need for coherent access to this vast body of information.

When researching statutes and regulations, for example, you are usually trying to identify the laws currently in
effect. To facilitate this research, government agencies and publishers organize current statutes and regulations by
subject in codes, which are accessible online by keyword or in print through extensive indexes. Even laws that were
repealed years ago, however, may still be important in resolving disputes. Interpreting a deed or will may require
finding the statutes in force when it was drafted. Understanding a statute often involves examining legislative
documents from the point in time when the specific language in issue was considered and enacted. To determine
the law that governs a particular situation, you may need to examine a wide range of both current and historical
sources.

Case research is even more complicated, because a court decision remains “the law” unless it has been reversed or
overruled. A thorough search for relevant case law must cover decades or centuries of court decisions. The most
widely used approach is searching in databases containing the full text of millions of documents. More traditional
means of access to court opinions, originally developed in print format, have been adapted to make online research
more focused and powerful. These include headnotes summarizing points of law from cases, encyclopedias and
treatises discussing and comparing similar cases, and citators that can be used to trace doctrines forward or
backward in time.

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Lawyers and others interested in the legal system also need to keep up with new developments, and numerous
resources exist to provide current information. New statutes, regulations, and court decisions are issued by the
government and by commercial publishers, both in print and online. Newsletters, legal journals, and blogs provide
notice of and analyze these developments. In addition, the codes and texts lawyers use are updated regularly to
reflect changes.

(b) Primary and Secondary Sources

Legal research makes an important distinction between primary and secondary sources. Primary sources,
sometimes called primary authorities, are the official pronouncements of the governmental lawmakers: the court
decisions, legislation, and regulations that form the basis of legal doctrine. Secondary sources are works that are
not themselves law, but that discuss or analyze legal doctrine.1 Whether a primary or secondary source, each
document must be considered with a sense of its place in the hierarchy of authority.

Not all primary sources have the same force for all purposes. A decision from a state supreme court is binding
authority in its jurisdiction and must be followed by the state’s lower courts. A state statute also must be followed
within the state. Other primary sources are only persuasive authority; a court in one state may be influenced by
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decisions in other states faced with similar issues, but it is free to make up its own mind. A statute or regulation
from one state is not even persuasive authority in another state.

Secondary sources include treatises, hornbooks, Restatements, practice manuals, and the academic journals known
as law reviews. Secondary sources serve many important functions in legal research. Scholarly commentaries can
have a persuasive influence on the lawmaking process by pointing out problems in current legal doctrine and
suggesting solutions. More often, they serve to clarify the bewildering array of statutes and court decisions, or they
provide current awareness about developing legal doctrines.

A secondary source cannot be binding authority, but it may have more persuasive force than rulings of courts in
other jurisdictions. Even primary and secondary sources that are not persuasive authority can be useful research
resources, because their references can help analyze a problem and can provide fruitful research leads through
references to both primary and other secondary sources.

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Resources in disciplines other than law are also essential in legal research. In the 1800s and early 1900s, American
judicial opinions typically cited only legal authorities in support of their conclusions. Many modern judicial opinions,
however, articulate quite clearly the social, economic, political, and even psychological consequences with which
they are concerned. Law has become an interdisciplinary study, and research in materials considered “nonlegal” is
now an inherent part of legal research.

(c) Print and Digital Sources

There was a time when all information necessary to resolve a legal question was available only in print. Today,
however, almost all legal researchers begin their projects online and move to print only as needed. Online research
resources have several clear advantages over print resources. A variety of tasks that were once conducted with
separate print sources can be integrated much more smoothly, and hyperlinks allow you to follow lines of authority
and reasoning. An online resource can have much more current information than a print resource.2 The ability to
search full text makes it easy to find documents that address a specific confluence of factual and legal topics.

The fact that a great deal of primary and secondary material is now available online simply means that it is easier to
access once you know where to look and how online legal research databases function. There is still, however, a
need to be knowledgeable about the complete legal information landscape, including what is available only in print
and why that might be the case.

Digital case law collections are fairly comprehensive; if it can be found in a print reporter, it can typically be found
online in any of several databases. Online collections of other materials, however, have often been built by adding
born-digital content as it was created, and by digitizing print content, usually working from oldest to newest.
Digitization of thousands of pages of print material takes time and money, and some vendors have prioritized
adding older, rarer, more fragile material to their online collections. It is not uncommon to find gaps in coverage,
often from the 1970s through the mid-1990s.

The scope of library or law firm subscriptions and licensing agreements is also worth noting when considering
what information is available online. Commercial databases can be quite expensive,

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and even if a collection has been fully digitized, coverage can be limited by the package available in your library or
firm. Coverage of copyrighted material can also vary dramatically between platforms. For example, Columbia Law
Review Association, Inc. has entered into agreements allowing issues of the Columbia Law Review to be published
and distributed online, but one platform has the full run of the Columbia Law Review online dating back to 1901;
another has issues from 1951 to present; and a third only28goes back to October 1982. If you are attempting to find
“every” law review article ever written on a particular topic, limiting your search to the latter databases would be a
mistake.

The cost of digitization and the size of the market for materials can also influence what is available online. For
example, federal legislative history and pleadings in federal cases are often far more readily available online than
the same content for states. Federal materials have a national importance and reach, while states may be less able
to prioritize funding—and legal information companies may be less willing, commercially—to make this information
accessible online.

As you can see, it is problematic to assume that everything you need will be online. Develop a basic working
knowledge of the factors that influence digital and print publication, and do not abandon common sense when
trying to determine why you cannot find an answer in the place or format in which you think it should be found.

§ 1.2 Research Methods

Legal research is not simply gathering information, but being able to analyze that information and grasp its
significance. Applying rules of law to a specific set of facts—the process of legal research and analysis—requires
determining the scope and meaning of various rules and how they pertain to a given situation. It is a process that
requires a significant commitment of time and focus.

Researchers forced to work only with an uncontrolled mass of electronic data can quickly find themselves drowning
in unsorted information. Many online searches can find only those documents that match their terms and will never
discover related documents that use different wording or involve slightly different facts. Some of the more
sophisticated platforms use algorithms or artificial intelligence (AI) that can find some relevant documents even if
they do not use the same terms, but relying on algorithms or AI is a poor substitute for exercising your own
judgment about the particular facts and issues of your case.

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No single process will work for all research situations. With experience comes an understanding of which resources
to consult first in each situation, and how to use them most effectively.

(a) Finding Legal Information Online

A quest for legal information often begins with a general search on the internet. Indeed, a web search can lead to a
great deal of useful information, but it is important to know how to use the internet effectively and to understand its
limitations. A search engine can point you in the general direction you need, but there are more focused ways to
find answers and not all legal information is available free online. A competent legal researcher needs to find the
correct answers—not just some information. An online search can be a helpful starting point, but legal literature
has a complex structure that is designed to lead you to the answers you need.

Free internet sites can nonetheless be valuable sources of legal information. Sites provided by the federal and state
governments are particularly useful and generally reliable. Statutes and regulations in force for most jurisdictions
are available for free online, as is most case law. Among the most useful sites are those providing access to
previously hard-to-find resources such as legislative documents, administrative agency materials, and court
documents. What’s missing from free internet sites and apps are most of the major secondary sources and the
structure tying together material such as statutes and cases.

When using information from free internet sites, always evaluate the currency and accuracy of the resource. Even
government sites can present obsolete information without expressly indicating that it is no longer current.
Websites can also be biased or selective in coverage. Verifying that a website is current, accurate, and impartial
leads to greater confidence in the information it contains.
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Another problem with internet sites is link rot, the fact that material can be available one day but disappear the
next.3 URLs can change frequently, but a variety of strategies can be employed to locate “missing” webpages.
Exploring the site can often locate material that has been moved and assigned a different URL. The Internet
Archive’s Wayback Machine (archive.org (https://archive.org/)) allows users to access web page snapshots of the
various times it was crawled by the

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system, and other repositories provide some access to “obsolete” information.4 Link rot remains an unsolved
problem, although services such as Perma.cc (https://perma.cc/) provide permanent archives of webpages cited in
journal articles and court opinions.5

Search Engines. Most people’s first stop on the internet is a search engine. This is often a very sensible approach
because a simple search can frequently lead directly to relevant information. This is particularly true if you are
looking for specific facts or for the website of a particular institution or organization.

A number of search engines are available, each with features that are evolving over time, with many adding AI
“summaries” to results pages. The market is currently dominated by Google, although several other major search
engines such as Bing and DuckDuckGo are also available. Search engines are designed to appear simple, but you
can achieve more relevant results with just a small amount of sophistication. Being an advanced web searcher
requires you to understand a few things about the search engine and how to use it:

— Know the search engine’s syntax. Each search engine has its own rules for how it combines terms and searches
the web. Your results can be more focused if you can understand and manipulate how words are connected to
reach a result. Simply typing a string of words into a box may not be as effective as a search that combines terms in
a specific way. Google, for example, assumes an and between search terms, but you can search for synonyms by
using OR (capitalized), and you can exclude a term by putting a minus sign directly in front of it. Most search
engines have search tips or help screens with examples.

— Use the Advanced Search screen. Go beyond the basic search box and use advanced search options available
from most search engines. Google’s advanced search utility (google.​com/​advanced_​search
(https://www.google.com/advanced_search)), available from the Settings menu on the main Google search screen,
has very useful options such as searching only words in page titles, specifying documents in a particular format, or
limiting retrieval to a particular domain or domain type. This makes it easy, for example, to search a specific
agency’s website or to retrieve only PDF documents from .edu domains. Like using search

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syntax correctly, the advanced search screen allows you to be more specific about the types of material for which
you are searching.

— Don’t assume the search engine knows best. Search engine algorithms attempt, by inference, to deliver results
users really want, not just what they have entered in the search bar. That might be fine if you’re looking for a good
local restaurant, but not all searches are so simple. Legal researchers would be well served to evaluate search
results and refine searches using more legally relevant terminology to produce better results. Sometimes simply
adding the word “law” can improve search results, and identifying the jurisdiction in your search may lead to more
relevant websites.

— Try more than one search engine. Despite the convenience of using a familiar search engine for most purposes,
different search engines will return different results—and a second search engine may find sites or documents that
the first one missed. Different search engines crawl and index webpages differently. For most purposes, the familiar
favorite is probably fine. But for thorough research or for those times when your favorite isn’t turning up what you
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need, be flexible and try another approach. Google and some other search engines personalize results based on
your location and search history. Using a search engine that does not track your searches or anticipate your biases,
such as DuckDuckGo, may produce unexpected results.

— If you encounter a paywall, try accessing the content through a library website. Search engine research can lead
you to helpful newspaper and journal articles. Some publishers’ websites require readers to pay a fee or subscribe
to access their content. Before pulling out a credit card or beginning a trial subscription, try to find the content by
going through your library’s website or online catalog. Libraries—in particular academic libraries—subscribe to
many databases that include newspaper and journal articles. In some instances (particularly if you are offsite), you
will be prompted to log in to verify your affiliation with the library to access the articles at no cost.

It is important to recognize that search engines don’t cover everything on the internet, even everything available for
free. Billions of pages of online information, known as the deep web or the invisible web, are beyond the reach of
even the most powerful search engine because they are inside databases and do not have fixed URLs. It is
estimated that search engines can locate several hundred billion pages of information, while the deep web covers
many trillion pages. Reaching this information requires familiarity with and access to the databases or other
repositories where it is held.

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Guides and Other Resources. A search engine will not always lead you directly to the most useful sources of
information. Sometimes a web research guide will have links to better sites than those that appear at the top of a
list of search results. A guide is particularly valuable if you want to learn what resources are available. If you search,
for example, for “Illinois Supreme Court,” you may go to one site that has the court’s decisions but never learn that
another site may offer deeper coverage or more extensive search options. But a guide to Illinois legal resources will
list these various alternatives and provide for easy comparison of the sites. Working just with a computer and your
choice of keywords, you can often find useful and relevant information. But turning to a web guide may turn up
related information you didn’t know to look for.

The research guides available from most law school library websites, or directories listing sites by jurisdiction such
as the Law Library of Congress’s research guides (guides.loc.gov/law-library (https://guides.loc.gov/law-library)),
can do the best job of selecting quality law-related sites. Sites like these are prepared by experts and have links to
sources for cases, statutes, journals, and many other materials.

Researchers should be aware that many areas of legal practice have idiosyncrasies and specialized resources.
Numerous guides to specific research topics are available. Many law libraries have research guides to specialized
areas on their websites, so a first approach may be to run a general search such as “environmental law research
guide.” Nearly a million publicly available research guides across the library community can be searched at the
LibGuides Community website (community.libguides.com (https://community.libguides.com/)). Guides have also
been published in legal bibliography journals such as Law Library Journal and Legal Reference Services Quarterly,
as well as in more general law reviews, and can be found through journal searches or periodical indexes. William S.
Hein & Co. publishes a Legal Research Guides series of over a hundred monographs on specific topics such as
environmental justice or habeas corpus.

Other resources such as blogs and wikis can be useful in legal research, particularly early in the process when
general information is needed. An article from Wikipedia can quickly provide factual background information,
although relying on such a source as authoritative is not recommended.6

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(b) Legal Research Platforms

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Two major commercial online platforms—Westlaw from Thomson Reuters (formerly West Publishing Company)
and Lexis from LexisNexis, a division of RELX Group—are widely used in law schools and in legal practice as
comprehensive legal research tools. For many researchers these can be very expensive resources, but law students
generally have access through their school’s subscriptions.7

The Westlaw and Lexis research services were introduced in the 1970s as case research tools and have since
grown to cover billions of pages of content, including not only cases and statutes but also journal articles, books,
news sources, and business information. Their current interfaces are called Westlaw Precision and Lexis+ AI.

Which platform to use for a particular research problem (if a choice is available) is a decision based in part on
personal preference, in part on cost, and in part on the features and resources each platform offers. As we shall see
in the following chapters, each has some features and material not found on other platforms. Law students should
learn to use more than one online platform, to take full advantage of each and to be prepared for whatever their
employers offer once they enter practice.

While many law students limit their research to Westlaw or Lexis, numerous other online research platforms are
needed for sophisticated and comprehensive research. HeinOnline is a major source for PDFs mirroring original
printed sources, with a wide range of materials from law reviews to congressional documents to treaties.
Bloomberg Law features resources in areas such as employment law and intellectual property, and is widely used
in law schools for access to court dockets and filings. Wolters Kluwer’s VitalLaw offers curated primary and
secondary sources in more than two dozen practice areas. Other platforms and databases are more specialized but
just as essential. ProQuest Legislative Insight, for example, is limited to documents used to interpret congressional
enactments.

Most academic law library websites feature a directory of online resources to which the library subscribes. Each
new resource may require an initial learning curve to understand its features and search syntax, but this is time well
spent. Familiarity with the resources available to you will broaden your research abilities well beyond many of your
peers.

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Some commercial online research platforms focus on lower-cost access to primary sources. These generally have
thorough access to case law and statutes, but they offer a smaller range of secondary sources and other features.
vLex Fastcase and Decisis are perhaps the most important of these, because they are offered to lawyers as a free or
low-cost benefit of state or local bar membership.

Database Selection. After selecting a platform, one of the first choices you will confront is whether to search all
databases offered at once, or only specific sources you select from a list or menu. Most online resources are
designed so that you can begin with a search of most or all sources and then filter your results. It is tempting to
begin all your research this way. Be aware, however, that the search bar on a platform’s homepage does not
necessarily search everything contained on the site.8

If you already know that you need a certain type of document (such as cases or law review articles), it is usually
more efficient to start by searching in a more specific database. You need to know what types of documents you’re
looking for with either approach; the difference is whether you make that decision before or after your search.
Thinking and choosing ahead of time can make your search more focused and reduce noise, and on some platforms
it allows you to take advantage of advanced search features designed for specific types of documents.

You are also presented with an option of jurisdictions in which to search. You can search all state and federal
materials, or you can limit to one or more specific jurisdictions. Whether to focus on a particular jurisdiction varies
from project to project, depending on such factors as the purpose of the research and the value of information from
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other jurisdictions. Sometimes you are interested in information from around the country, but often you need to
know the law in one specific jurisdiction.

Basic Searches. Online research platforms have sought to make research as simple as running an internet search.
You enter your terms in a search box, and the platform’s algorithms present you with a variety of relevant material,
sorted by document type (e.g., cases, statutes, secondary sources).

An algorithmic, or natural language, search allows you to enter a phrase, or a combination of words (e.g., Is an
owner without knowledge of her dog’s vicious propensity liable for injuries? or simply

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vicious dog liability knowledge). The computer assigns relative weights to the terms in a query, depending on how
often they appear in the sources you are searching. It then retrieves the most relevant documents, giving greater
weight to the less common terms. The system may also search for related terms you didn’t enter, based on its
glossaries and algorithms.

The people who create research algorithms try to achieve both high precision and high recall. High precision means
that most of the search results reflect what the researcher was looking for, and high recall means that many or
most of the multitudes of relevant results are included in the results list. High precision algorithms try to save the
searcher time and work especially well for questions that have a concrete answer, such as the number of feet in a
mile. High recall algorithms, on the other hand, will aim to return every document that might help a searcher
answer their question, even if it means there will be some irrelevant results returned as well.

The two goals of precision and recall are not always compatible. Some relevant documents are omitted from the
search results, and many irrelevant documents are included. The documents listed first are often useful, because
results are ranked by relevance, but it may be necessary to sift through a long list to ascertain which results are
most helpful in answering the search query.

Although research indicates that people are more likely to trust algorithms than human judgment,9 it is important
to remember that the algorithms used in research were created by humans and incorporate those humans’
assumptions and biases. The exact same search entered in similar databases on two platforms, in fact, will usually
retrieve very different results.10 You cannot simply run one algorithmic search and trust that you have found the
most relevant material. It is usually necessary to try several different searches, or to try the same search on
different platforms to compare results.

Generative Artificial Intelligence Tools. The major legal research platforms have begun adding a variety of
generative artificial intelligence tools as aids to researchers.11 What makes these tools different from earlier
implementations of machine learning or

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artificial intelligence technology is the researcher’s method of interacting with the software. Instead of entering one
query that is interpreted by the system, as in natural language searching, users of generative AI tools can engage in
“conversations” in an attempt to locate relevant information and sources.

Generative AI search tools work by responding to user prompts, and the quality of the prompts can affect the
relevance of the text returned by the system. All generative AI research tools on legal research platforms come
with specific guides on how best to use them, but a few general strategies likely will work on any system. Craft
prompts that are clear and concise, focusing on a specific issue and containing material facts. You should indicate
how you expect the answer to be formatted—as a case brief, a memo, or a draft pleading, for example—and be
prepared to follow up with prompts that either expand or narrow the scope of your query.

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The tools currently available from research platforms are Protégé on Lexis, AI-Assisted Research and CoCounsel on
Westlaw, and Bloomberg Law’s Answers and AI Assistant. There are a few things these tools generally do well.
They can analyze text, identifying potentially relevant research issues that you might not have thought of. They can
summarize documents like cases, briefs, or contracts. And they can create documents like memoranda, motions, or
client letters, providing a helpful starting place for drafting.

Advanced Searches. Legal research databases contain millions of documents. Your research projects will require
you to cull the most relevant documents from those millions, a professional skill that often requires more than
simple internet-type searches for keywords or phrases. Most legal research platforms permit much more powerful
and focused searches, allowing the use of features such as truncation, proximity connectors, and field restrictions
for searching specific parts of documents. If you use these search techniques combined with knowledge of a subject
area developed using a secondary source, rather than just relying on a legal research company’s algorithms and
relevancy rankings, you can be confident that you have identified the most important documents for your research.

An advanced search, also known as either a Boolean or “terms and connectors” search, requires learning a
structured syntax, but it can provide greater precision and recall in retrieval. Specific terms or phrases are joined by
logical connectors such as and, or by proximity connectors indicating the maximum distance in words between the
search terms (e.g., /10) or specifying that the words appear in the same sentence ( /s) or the same paragraph ( /p).

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Connectors do not behave the same way across all platforms, so you should check a platform’s help screens to
learn its search syntax. In Westlaw, for example, an or connector is understood between two adjacent search terms
so that the advanced search dangerous dog looks for documents containing either the word dangerous or the word
dog. To search for a phrase such as “dangerous dog,” you must place the words in quotation marks. Other platforms
may require the use of or (sometimes capitalized, sometimes not) to find alternate terms and will search for a
phrase whether or not it is in quotes.

Another aspect of advanced searching is the use of wildcards and truncation symbols. In most services, an
exclamation point is used to find any word beginning with the specified letters. Research!, for example, finds
research, researches, researched, and researching. Without the truncation symbol, only the word itself and its
plural form are retrieved. In an advanced search, then, research would retrieve researches, but not researched or
researching. In Lexis an asterisk has the same function as an exclamation point, but in Westlaw the asterisk takes
the place of a particular character or a limited number of characters. Legali*e retrieves either the American legalize
or the British legalise, and hand** retrieves hand, handy, or handle but not handgun or handier. A search for colo*r
retrieves results for color and colour. In Lexis a question mark is used for this purpose, as in colo?r. Other services
may assign different functions to these or other special characters, so it’s worth familiarizing yourself with the rules
of any service you use regularly.

Advanced searches also give you the opportunity to search within specific parts of a document, known as fields or
segments, such as the title of an article or case, or the name of the judge writing an opinion. Limiting a search to a
particular field can produce much more focused results. A search in a case database for child retrieves every
decision mentioning the word child (or its plural, children) anywhere in the opinion, but the search name(child) on
Lexis, for example, retrieves only those cases where one of the parties is named Child.

On most platforms, including Westlaw and Lexis, the easiest way to construct an advanced search is to click on the
“Advanced” or “Advanced Search” link, which leads to a screen that lists the available document fields and provides
guidance on the available terms and connectors.

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The list of document fields available on the advanced search screen depends on the particular type of document
you’ve selected to search. For example, an advanced search in all Westlaw content only lists three fields: Date,
Citation, and Name/Title. If you choose to search only cases, however, you have more than twenty document

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fields to choose from. You can easily retrieve a complete list of a judge’s opinions by putting her name in the Judge
field, or you can combine this request with other search terms to find her opinions on a particular topic. Advanced
search screens sometimes include a sample document illustrating the scope of each field.

Why would you want to learn how to construct advanced searches when you can just enter your terms and get
relevant documents? An advanced search puts you in charge, finding documents that more exactly match your
requirements. You, not the algorithm, have made decisions and are in control. This can give you the necessary
confidence that you are not missing relevant documents.

The algorithmic and advanced search methods are best suited for different purposes. An algorithmic search is most
useful as a starting point for finding a few highly relevant documents. Advanced searches, which require
documents to match a request more exactly, are generally most effective when searching for a particular document,
a precise factual situation, or a specific relationship between concepts.

Results Display. After you enter a search, the platforms generally display a list of results with snippets of text
showing where your terms appear. Results are usually ranked by relevance, but you can opt instead to list the most
recent documents first. Your results can be filtered by document type (if you have searched all content) and by other
features such as jurisdiction, source, or date, depending on the type of material. Limiting a search by certain years,
jurisdictions, or publication type can help you break your analysis of search results into more manageable chunks
and give you a useful perspective on the effectiveness of your search query.

Most full-text documents include star pagination, which indicates the page breaks in the original printed sources.
This allows you to cite to a particular passage in a case, law review article, or other document without having to
track down the printed version.

Search Within Results. On some platforms, including Westlaw and Lexis, if a completed search retrieves a large
number of documents you can narrow your inquiry by using a Search Within Results filter. This allows you to
search within the retrieved set of documents for specific terms, even if those terms were not included in the initial
request. This feature is particularly valuable if each new search costs money, because it does not generally incur an
additional charge. This is also a good opportunity to search using specific facts once you have compiled a list of
legally relevant search results.

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To search within results, you must use advanced search rather than natural language. Because searching within
results can save both time and money, this is an important reason to be familiar with advanced search strategies
even if you do most of your research using natural language.

History, Saved Searches, and Alerts. Several online platforms save your recent searches so that you can track your
progress and return to earlier research results. They also give you the capability to collect and store documents and
searches in folders or workspaces.

One of the most powerful features offered by many platforms is the ability to save a search and have it
automatically run to check for new material on a daily or weekly basis. This alert feature is a convenient way to stay
abreast of developments in a specific case or in an area of interest. Your legal research platform continues to check
up on an issue while you move on to other matters.
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Citators. Many documents, especially cases, are linked online not only to the resources they cite, but also to later
sources that cite them. This is an invaluable way to find related materials and to bring research forward in time.
This updating process is done through the citator features that are linked from the document display. These tools
provide lists of cases, law review articles, court documents, and other sources that make some reference to the
document being viewed. Citators play a particularly vital role in case research, where they are used to determine
whether a decision is still “good law.”

(c) Print Resources

Even though resources are rapidly being digitized or are born digital, a great deal of legal information remains
available only in printed form. Superseded code volumes provide information about the state of the law twenty or
fifty years ago, and journal articles and treatises not available online may have valuable insights. Platforms such as
Westlaw and Lexis provide the most current versions of many secondary sources, while an older edition may be
accessible only in print.

Even for material that is available online, the print format can offer advantages. It is easier to browse from section to
section in a book than online, and therefore to see related topics and to develop a sense of how a field of law is
organized. Searching online may find individual documents matching the specific terms in a search, but it will not
immediately reveal analogies that might be discussed in related sections of a treatise or encyclopedia.

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The first step to researching in print material is usually to consult a library’s online catalog, which tells you what the
library has in print and where it is located. Once you have found a relevant volume or set of volumes, peruse the
table of contents at the front of the book or index at the back of the book or set of books to find a specific
discussion. Indexes in legal publications can be lengthy and full of cross-references, but even the most thorough
index cannot list every possible approach to a legal or factual issue. As with online research, you may need to
rethink issues, reframe questions, check synonyms and alternate terms, and follow leads in cross-references.

Print-based research, of course, is not without limitations and problems. An online search can be the quickest way
to find a precise point, and hyperlinks can quickly take you to related sources. Downloading material or requesting it
by e-mail has several advantages over photocopying or scanning. But the ability to use printed resources is an
important part of the skill set of any serious researcher.

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1 This sense of the terms primary and secondary is different from that found in history and other disciplines, in
which a “primary source” can be a letter or contemporary newspaper account and a “secondary source” is a later
scholarly analysis.

2 New documents can be incorporated into databases within minutes of their release. Many print publications are
updated through the use of pocket parts, supplements that fit inside the back covers of bound volumes, while
others are issued in looseleaf binders and updated with supplementary inserts or replacement pages.

3 A study in 2013 found that almost one-third of internet citations in Supreme Court opinions no longer led to the
information cited. Raizel Liebler & June Liebert, Something Rotten in the State of Legal Citation: The Life Span of a
United States Supreme Court Citation Containing an Internet Link (1996–2010), 15 Yale J.L. & Tech. 273 (2013).
See also Jonathan Zittrain, The Internet Is Rotting, The Atlantic (June 30, 2021)
(theatlantic.‌com/technology/archive/2021/06/the-internet-is-‌a-‌collective-​hallucination/‌619320/
(https://www.theatlantic.com/technology/archive/2021/06/the-internet-is-a-collective-hallucination/619320/)).

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4 Specialized law-focused collections are available, including the End of Term Web Archive (eotarchive.org
(https://eotarchive.org/)) for presidential administrations, the Federal Courts Web Archive
(loc.gov/collections/federal-courts-web-archive/ (https://www.loc.gov/collections/federal-courts-web-archive/)), and
court websites’ collections of archived links such as the Supreme Court’s Online Sources Cited in Opinions
(supremecourt.gov/opinions/cited_urls/ (https://www.supremecourt.gov/opinions/cited_urls/)).

5 For more on Perma.cc, see Jonathan Zittrain et al., Perma: Scoping and Addressing the Problem of Link Rot and
Reference Rot in Legal Citations, 127 Harv. L. Rev. F. 176 (2014).

6 Wikipedia has been cited in many court opinions, but several decisions have expressed concern about this trend.
See, e.g., United States v. Lawson, 677 F.3d 629, 650 (4th Cir. 2012)
(https://www.westlaw.com/Document/Ic95132ac8b2811e1b720a7764cbfcb47/View/FullText.html?
transitionType=Default&contextData=(sc.Default)&VR=3.0&RS=da3.0&fragmentIdentifier=co_pp_sp_506_650)
(“Given the open-access nature of Wikipedia, the danger in relying on a Wikipedia entry is obvious and real.”);
Kraus v. Alcatel-Lucent, 441 F. Supp. 3d 68, 71 n.7 (E.D. Pa. 2020)
(http://lawschool.westlaw.com/shared/westlawRedirect.aspx?
task=find&cite=441+F.+Supp.+3d+68&appflag=67.12) (“Most federal courts who have considered the issue view
Wikipedia as unreliable evidence.”). For an overview of these issues, see Jodi L. Wilson, Proceed with Extreme
Caution: Citation to Wikipedia in Light of Contributor Demographics and Content Policies, 16 Vand. J. Ent. & Tech. L.
857 (2014).

7 Much of the information in these services may be available to university faculty and students through Nexis Uni
or Westlaw Campus Research.

8 This is particularly true with Westlaw, in which a “global” search excludes several major categories of material on
the platform, such as dockets, international material, and news. It also searches only the past two years of session
laws, bills, and administrative registers.

9 Jennifer M. Logg et al., Algorithm Appreciation: People Prefer Algorithmic to Human Judgment, 151
Organizational Behav. & Hum. Decision Processes 90 (2019).

10 Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J.
387 (2017) (https://www.westlaw.com/Document/I4d485cfdaa4611e79bef99c0ee06c731/View/FullText.html?
transitionType=Default&contextData=(sc.Default)&VR=3.0&RS=da3.0).

11 There are two major types of artificial intelligence in wide use today, extractive and generative. Extractive AI
examines a large volume of documents and finds patterns that may not be readily apparent. Generative AI, on the
other hand, responds to user questions with predictive text based on its training on vast amounts of language data.

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31

Chapter 2

Table of Sections

Sec.

2.1 Legal Encyclopedias

(a) American Jurisprudence 2d and Corpus Juris Secundum

(b) Jurisdictional Encyclopedias

2.2 Restatements of the Law

2.3 Treatises and Hornbooks

2.4 Monographs and Interdisciplinary Works

—————

While primary sources of law such as legislative enactments and judicial decisions determine legal rights and
govern procedures, codes and court reports can be notoriously difficult places to find answers. It is generally best to
begin a research project by looking first for an overview and analysis written by a lawyer or legal scholar.

The materials covered in this chapter—legal encyclopedias, Restatements, treatises, hornbooks, and monographs—
explain legal concepts, providing the context necessary to see how a particular issue relates to other concerns.
They can serve as an introduction to a new area of law or refresh your recollection of a familiar area. They also
contain valuable references to primary law.

There is nothing wrong with doing preliminary research with internet searches and free online resources such as
Wikipedia, as long as you recognize that these are only starting points for background information. Further research
in legal resources will be necessary to find the more sophisticated detail and supporting documentation required
for legal analysis.

§ 2.1 Legal Encyclopedias

“Legal encyclopedia” is a term with a very specific meaning. It is not simply a general encyclopedia about legal
topics, but a work that attempts to systematically and exhaustively describe the entire body of a jurisdiction’s legal
doctrine. Two legal encyclopedias cover American law generally, while others focus on the jurisprudence of
individual states.

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A typical legal encyclopedia has only about 400 articles, arranged alphabetically. Some articles cover very broad
doctrinal areas such as corporations or evidence and are subdivided into hundreds or thousands of numbered
sections. Articles are generally not on topics as specific, however, as DNA evidence or adverse possession.

Legal encyclopedias are relatively easy to navigate and provide straightforward summaries of the law, but in most
instances their perspective is quite limited. The articles tend to emphasize case law and neglect statutes and
regulations, and they rarely examine the historical or public policy aspects of the rules they discuss. Unlike law

38
review articles or scholarly treatises, they simply summarize legal doctrine without criticism or suggestions for
improvement. Encyclopedias also tend to be relatively slow to reflect changes in the law or to cover significant
trends in developing areas.

At one time legal encyclopedias were viewed as serious and reliable statements of law and were frequently cited
by the courts. Today, however, they are generally not viewed as persuasive secondary authority but as introductory
surveys of the law and, most helpfully to law students, as sources of references to judicial decisions.

(a) American Jurisprudence 2d and Corpus Juris Secundum

Two national legal encyclopedias were once competing works but are now both published by Thomson Reuters:
American Jurisprudence 2d ( Am. Jur. 2d) and Corpus Juris Secundum ( C.J.S.).1 These are massive publications,
each containing over 140 volumes in print. Both have alphabetically arranged articles on topics from abandoned
property to zoning. Each article is divided into numbered sections and begins with a section-by-section outline of its
contents and an explanation of its scope.

Both Am. Jur. 2d and C.J.S. explain doctrinal concepts and provide references to cases and other sources. The two
works are quite similar, but there are some differences. In C.J.S., but not Am. Jur. 2d, each section or subsection
begins with a concise “black letter” statement of the general legal principle. The discussion in Am. Jur.

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2d tends to focus a bit more on federal law, while C.J.S. seeks to provide an overall synthesis of state law. Am. Jur.
2d is generally viewed as more accessible, while C.J.S. is a bit more comprehensive. Until the 1980s, in fact, C.J.S.
claimed to represent “the entire American law as developed by all reported cases.” Current volumes are more
selective and are instead “a contemporary statement of American law as derived from reported cases and
legislation.”

Am. Jur. 2d and C.J.S. both include copious footnotes to illustrative cases from around the country. A cited decision
from your jurisdiction is obviously the most useful, but almost any case can be used as a springboard to further
research through its headnotes and citing references. Both encyclopedias include relevant West Key Numbers
before each section, and these can be used to find cases on Westlaw. Am. Jur. 2d also includes references to other
sources, including American Law Reports ( ALR) annotations describing cases in more detail. (Headnotes, key
numbers, and ALR annotations are discussed in Chapter 12 on case research.)

Although both Am. Jur. 2d and C.J.S. cite thousands of court decisions, neither work cites any state statutes. Even
when expressly discussing state statutory provisions, the footnotes refer to cases that in turn cite these statutes.
The focus is squarely on case law, although both works do cite federal statutes and uniform laws.

Westlaw has both encyclopedias, while only Am. Jur. 2d is on Lexis. Each section is treated as a separate
document, and a search will retrieve only those sections matching a query. This can make it difficult at times to
understand the context of a specific section. Expanding the table of contents, however, makes it possible to see the
bigger picture. You can begin by browsing through the table of contents, or you can search and then link from a
retrieved section to the outline for its article.

Westlaw indicates at the top of each document the date of the most recent update to the set (but not necessarily to
the specific section). The print volumes are updated annually with pocket part supplements providing notes of new
developments, and each encyclopedia publishes several revised volumes each year. As with any legal resource you
use, updating is essential to ensure that you are relying on current information. If you are using the print version, be
sure to check the pocket part for revised text and notes of new cases. If the volume has an outdated pocket part,
that most likely means that the library has canceled its print subscription and expects users to rely on online
sources for current information.
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Illustration 2-1 shows a page from the Am. Jur. 2d “Animals” article, discussing owners’ liability for injuries caused
by cats. Note

34

that it not only summarizes the law but includes references to West Key Numbers, ALR annotations, and several
judicial decisions.

Illustration 2-1. A page from American Jurisprudence 2d .

35

The basic means of access to the print encyclopedias are the multivolume softcover indexes published annually for
each set. The indexes are very detailed, but finding the right section can require patience and flexibility. You may
need to rethink your search terms or follow cross-references to other headings. Each encyclopedia also includes a
tables volume listing the federal statutes, regulations, court rules, and uniform laws it discusses.

40
Westlaw has searchable access to the indexes for both encyclopedias, and also allows you to restrict an advanced
search to terms in section headings. You can use the field PR or preliminary for words in the titles of articles and
subdivisions, and TI or title for words in individual section headings. On Lexis, you can choose to search only the
table of contents and then link from the list of headings to the full text. Limiting a search to headings is often a
productive way to zero in on the most relevant material.

You can also find relevant Am. Jur. 2d and C.J.S. sections through Westlaw Citing References, as both
encyclopedias are listed as citing secondary sources for any case or federal statute they mention. Shepard’s on
Lexis covers citations in other secondary sources, but not in these national encyclopedias.

(b) Jurisdictional Encyclopedias

Several states have multivolume encyclopedias specifically focusing on the law of their jurisdictions. While not
generally viewed as authoritative, state encyclopedias can provide both a good general overview of state law and
references to primary sources. Unlike Am. Jur. 2d and C.J.S., they include citations to state statutes and often do a
better job than the national encyclopedias of integrating discussion of statutory and case law. Their treatment of
jurisdictionally specific concepts, such as community property or oil and gas law, can be particularly useful.

Only seventeen states have their own legal encyclopedias, but these include most of the more populous
jurisdictions. Depending on its publisher, each state encyclopedia is available through Westlaw, Lexis, or both, as
well as in print:

California Jurisprudence 3d (Westlaw and Lexis)

Florida Jurisprudence 2d (Westlaw)

Illinois Law and Practice (Westlaw)

Indiana Law Encyclopedia (Westlaw)

Maryland Law and Practice (Westlaw)

Michigan Civil Jurisprudence (Westlaw)

Michigan Law and Practice 2d (Lexis)

36

Dunnell Minnesota Digest (Lexis)

Encyclopedia of Mississippi Law (Westlaw)

New York Jurisprudence 2d (Westlaw and Lexis)

Strong’s North Carolina Index 4th (Westlaw)

Ohio Jurisprudence 3d (Westlaw and Lexis)

Pennsylvania Law Encyclopedia (Lexis)

South Carolina Jurisprudence (Westlaw)

Tennessee Jurisprudence (Lexis)

Texas Jurisprudence 3d (Westlaw)

41
Michie’s Jurisprudence of Virginia and West Virginia (Lexis)

Some of these works are called Encyclopedia, while others are entitled Jurisprudence. To confuse matters further,
Minnesota’s encyclopedia is a Digest and North Carolina’s is an Index. Despite these titles, each of these works is a
comprehensive summary of its state’s legal doctrine, organized like Am. Jur. 2d or C.J.S. into several hundred
alphabetically arranged articles and regularly updated in print by annual supplements and revised volumes.
Illustration 2-2 shows a page from Strong’s North Carolina Index 4th, discussing strict liability under North
Carolina law for injuries caused by dangerous dogs.

Many states have other reference works with broad coverage of their law, although they are not encyclopedias with
alphabetically arranged articles. Sets such as Georgia Jurisprudence and New Jersey Practice, for example, contain
separate volumes for doctrinal areas such as criminal procedure, domestic relations, and evidence. They may not
cover all legal topics comprehensively, but they address most major areas. Many of these resources, like the
encyclopedias, are on Westlaw or Lexis, and can be identified by browsing in secondary sources for a particular
jurisdiction. A state research guide can also help you identify available publications.

Thomson Reuters also publishes an encyclopedia focusing specifically on federal law, Federal Procedure, Lawyers
Edition (on Westlaw). It emphasizes procedural issues in civil, criminal, and administrative proceedings, but many of
its eighty chapters also discuss matters of substantive federal law. Because it deals exclusively with federal law
rather than attempting to generalize about fifty state jurisdictions, it is often more precise and useful than C.J.S. or
Am. Jur. 2d and includes helpful pointers for federal practice.

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42
Illustration 2-2. A page from a state legal encyclopedia.

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§ 2.3 Treatises and H ornbooks

Legal treatises are scholarly works providing exhaustive coverage of particular fields of law. A treatise is like an
encyclopedia in that it methodically outlines the basic aspects of legal doctrine, but its focus on a specific subject
usually gives a treatise greater depth and insight. The traditional treatise is a comprehensive survey covering a
broad area of legal doctrine such as contracts or trusts, although some modern treatises focus on narrower areas of
law.

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43
Treatises play a vital role in legal research. They analyze developing common law and contribute their own
influence on its development. By synthesizing decisions and statutes, treatises help to impose order on the chaos of
individual precedents. Although they are generally less authoritative than Restatements, some are written by
scholars of outstanding reputation and are well respected by the courts. Illustration 2-4 shows a page from Dan B.
Dobbs et al., The Law of Torts (2d ed. 2011), a treatise covering tort law in much greater detail than the
encyclopedias or other more general sources.

Many treatises were originally written by leading scholars, such as James William Moore (Moore’s Federal Practice)
or John Henry Wigmore ( Wigmore on Evidence), but a number of titles are now produced by editorial staffs at
publishing companies. These may have exhaustive commentaries and numerous references to primary sources, but
they are generally not accorded the same level of deference as the work of a respected scholar. Some treatises, in
fact, are now little more than collections of case references, useful for their research value but not as analysis.

Most treatises are national in scope and analyze laws from various jurisdictions. Some works, however, focus
specifically on federal law or on the law of an individual state. Smaller jurisdictions have very few treatises, but
large states may have several multivolume treatises covering areas such as civil procedure, criminal law, and
evidence.

Hornbooks, or student treatises, arestraightforward one-volume statements of the law on specific subjects, such as
McCormick on Evidence or Wright on Federal Courts.8 They are written primarily for law students but can be of
value to anyone seeking an overview of a doctrinal area. There is no clear line distinguishing hornbooks from
treatises, and some hornbooks (such as those by McCormick and Wright) have become influential sources of
persuasive authority and are widely used by the bar.

While a few treatises are published only in print, nearly all are available through one of the major online platforms.
Many libraries have discontinued their print subscriptions to some treatises, and the volumes on the library shelves
might be dangerously out of date. Most users access treatises online.

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44
Illustration 2-4. A page from a multivolume treatise on torts.

45

Material from secondary sources, including treatises, can be retrieved with general searches on the major legal
research platforms, but you should also browse to learn what resources are available as no single platform contains
every treatise on a subject. This is in part because each has works from specific publishers and not others, and there
is very little overlap in coverage. A bit of exploring and familiarity with resources can pay dividends when you know
where to turn in future research projects.

Westlaw has hundreds of treatises, including major works such as McCarthy on Trademarks and Unfair
Competition, Rotunda & Nowak’s Treatise on Constitutional Law, and Wright & Miller’s Federal Practice and
Procedure. After selecting “Secondary Sources” from the Westlaw home page, you can see a list of available titles
by topic, and you can also filter this list for works from a particular jurisdiction. You can search all the texts in a

45
topical area, but if you click on a particular title you can also browse through its table of contents and get some
sense of its scope and purpose. Clicking on the (i) icon next to a treatise’s title will open a window explaining how
recently the work has been updated.

Lexis also has hundreds of texts and treatises, including Matthew Bender works like Chisum on Patents, Collier on
Bankruptcy, Immigration Law and Procedure, and Nimmer on Copyright, as well as selected works from other
publishers. You can browse sources by practice area to learn what’s available. As with Westlaw, you can browse a
work’s table of contents and click on the (i) icon to learn about the scope of coverage.

Other publishers also have online services providing access to treatises and texts they publish. Bloomberg Law has
numerous practitioners’ manuals and treatises, including major publications such as Employment Discrimination
Law and Supreme Court Practice. The Practising Law Institute has a PLI Plus platform with access to more than
100 of its treatises. Wolters Kluwer’s VitalLaw system includes numerous major treatises in antitrust, securities
law, and other areas. Check your library’s list of subscription databases to see which resources are available.

Hornbooks and other law student texts (like Nutshells, Examples & Explanations, and the Understanding series)
are generally not available through platforms such as Westlaw or Lexis, but each of the major publishers of law
school materials has an e-book collection to which libraries or students can subscribe. One or more of these may be
available from your law school library.

One of the best ways to find reliable treatises is to follow research leads provided by other sources. Treatises are
often cited in

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cases and law review articles, and these references are likely to lead to works that are considered well-reasoned
and reputable. You can find highly esteemed treatises by searching the full text of case or journal databases (e.g.,
leading /2 treatise /5 contracts) or simply noting the treatises that are cited repeatedly by judges or law professors.

Recommendations from other lawyers, professors, or reference librarians can also be effective in identifying the
most reliable and influential sources. If you receive an assignment in an unfamiliar area from a supervising attorney,
consider asking what secondary sources she would use to begin the research. When talking to a partner or
professor in her office, notice which works she keeps handy on her desktop or nearby shelves. Identifying the best
tools is part of learning the tricks of the trade.

The appendix in this volume lists major multivolume treatises by subject and indicates the online platforms through
which titles are available. Several other guides list legal texts by subject. Two of the most useful online guides are
Treatise Finders, from the Georgetown Law Library (guides.ll.georgetown.edu/home/treatise-finders
(https://guides.ll.georgetown.edu/home/treatise-finders)) and Legal Treatises by Subject, from the Harvard Law
School Library (guides.library.harvard.edu/legaltreatises (https://guides.library.harvard.edu/legaltreatises)). Treatises
focusing on the law of particular jurisdictions can be found in most state legal research guides. State Practice
Materials: Annotated Bibliographies (Christina Glon ed., 2002–date, on HeinOnline) has descriptive listings of
treatises by subject for more than forty states, though some state listings have not been updated for several years.9

Once you have located a relevant treatise section using a search in a major online platform, unless you are very
familiar with the subject area or are looking only for very specific information, you should usually visit the table of
contents to gain context and explore related material. If you read only the individual retrieved sections, you’ll learn
little about the contours in that area of law and may miss critical information.10

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To be reliable for coverage of current legal issues, a treatise or hornbook must reflect changes in the law promptly
and accurately. When using a treatise in any format, you should be aware of how current it is and look for more
recent authority as necessary. Online, look for an information icon or “currency” link to confirm that the work is
updated. Print treatises are generally published in either bound volumes or looseleaf binders, and updated annually
or more frequently with either pocket parts or looseleaf supplements. An increasing number of titles are reissued
annually or semiannually in softcover volumes. Check the date of the most recent edition or supplement to ensure
you are not relying on outdated information.

Part of the process of using a source for the first time is deciding whether it will assist you in your research.
Ultimately the deciding factor in determining whether you will turn to a source a second time is whether it helped
answer your question. Did it clarify matters and provide fruitful research leads? With growing familiarity in a
particular area of law, you will develop a sense of which sources are useful for background information, for
assistance in working through complicated legal issues, or for references to primary sources and other materials.

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