Research Review for Intensive Legal Writing

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

2. 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)

3. 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.

4. 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.

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

6. 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.

7. LegalTrac  • Web based database containing citations to law review and legal newspaper articles. • coverage from 1980 -present

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

9. ALR Index 130 ALR Fed 473

10. ALR Article

11. 42 USCS 2000e(k) ALR References CFR 1604.10

12. ALR References Civil Rights 162, 387

13. ALR References Breastfeeding §32

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

15. Digests-Access Points • Topical Outline • Descriptive Word Index

16. 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 relevantcases

17. 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

18. Digest-Descriptive Word Index Employment Discrimination Civil R 162

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

20. Wallace v. Pyro Min. Co. Digest Entry

21. Digests-Additional Features • Table of cases • Words and Phrases

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

23. Annotated Codes • Access Points • General Index • Title Index • Popular Names Table

24. 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

25. 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.

26. Popular Names Table Pub.L. 95-555, Oct. 31, 1978, 92 Stat. 2076 (42 §2000e(k))

27. 42 USCA 2000e(k)

28. 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

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

30. 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

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

32. 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

33. For Legislative History of Act, see p. 4749 USCCAN-Public Law Citations to Leg. History documents Legislative History HOUSE REPORTS: No. 95-948 accompanying H.R. 6075 (Comm. On Education and Labor and No. 95-1786 (Comm. Of Conference). SENATE REPORT no 95-331 (Comm. On Human Resources). CONGRESSIONAL RECORD: Vol. 123 (1977): Sept. 15, 16, considered and passed Senate Vol. 124 (1978): July 18, H.R. 6075 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

34. USCCAN-Legislative History Excerpt from House Report 95-948

35. 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

36. 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

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

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

39. Federal Register • Citation: 68 Fed. Reg. 23659 (2003) • Indexes • Monthly cumulative indexes • CIS Federal Register index

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

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

42. CFR Regulation PART 1604 – GUIDELINES ON DISCRIMINATION BECAUSE OF SEX SEC. 1604.1 General principles 1604.2 Sex as a bona fide occupational Qualification 1604.3 Separate lines of progression and Seniority systems 1604.4 Discrimination against married Women 1604.5 Job opportunities advertising 1604.6 Employment agencies 1604.7 Pre-employment inquiries as to sex 1604.8 Relationship of title VII to the Equal Pay Act 1604.9 Fringe benefits 1604.10 Employment policies relating to Pregnancy and childbirth 1604.11 Sexual harassment APPENDIX TO PART 1604-QUESTIONS AND ANSWERS ON THE PREGNANCY DISCRIMINATION ACT, PUBLIC LAW 95-555, 92 STAT. 2076 (1978)

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

44. CFR Index Sex Discrimination – Guidelines 16 CFR 1604

45. CFR-Table of Authorities 2000e et seq …..29 Parts 1604-1606

46. 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

47. CFR- List of agencies Equal Employment Opportunity Commission . . . .. . . 5, LXII; 29, XIV

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

49. 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

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