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Introduction to Legal Information

Introduction to Legal Information. Jason R. Sowards Massey Law Library April 25, 2010 Management 599c. Primary Authority. Secondary Authority. Top Resources for Legal Information. Better question, “what do lawyers use when conducting legal research?” For primary and secondary authority:

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Introduction to Legal Information

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  1. Introduction to Legal Information

    Jason R. Sowards Massey Law Library April 25, 2010 Management 599c
  2. Primary Authority Secondary Authority
  3. Top Resources for Legal Information Better question, “what do lawyers use when conducting legal research?” For primary and secondary authority: Westlaw ($), LexisNexis($) Casemaker/Fastcase Free web (e.g., state legislature sites, Cornell LII, Google Scholar for case law), and Books Specialized practices may make use of other resources (e.g., CCH or RIA for tax) For current awareness, resources such as BNA provide topical newsletters, blogs, journals (e.g., Fordham Journal of Corporate & Financial Law)
  4. Legal Literature The Law Cases TOP: Westlaw, LexisNexis, Casemaker/Fastcase; Google Scholar, Court Web Sites (e.g., Delaware Chancery Court Opinions) Statutes TOP: Same as cases; Others are state legislature web pages* and Cornell’s LII (for United States Code) Regulations TOP federal: same as cases and statutes and FDSys (for both Federal Register and CFR); for state, regulations online via a search for “[state] administrative code” (usually maintained by state SOS)
  5. Legal Literature Commentary About the Law Types: treatises (books); legal periodicals, encyclopedias, law-specific titles (ALR, Restatements) Mainly Westlaw and LexisNexis and books Published commercially, so not many free on the web Law review articles online from the journal itself, but also look at SSRN and Google Scholar Online encyclopedias such as Wex and Zimmerman’s Research Guide for cursory overview/context
  6. Secondary Sources Legal Periodicals Different formats Law reviews, legal newspapers, bar journals *Big* journals are usually produced by law schools: law reviews (scholarly focus) Edited by students = no peer review SSRN & bepress for early dissemination and opportunities for peer review
  7. MERGERS When a merger happens  legal issues? Litigation (case law = primary) Corporate Law = contracts = state law (Delaware) Statutory/regulatory compliance Statutes and regulations  primary authority Materials that tell you the legal requirements of conducting a merger  secondary authority Commentary about the law Practical vs. Scholarly Drafting (transactional work)  secondary authority (form books/model agreements) News/Current Awareness
  8. Conducting Legal Research Advice law librarians give to law students: START WITH SECONDARY SOURCES Why? They explain what the law is! Answers questions: federal/state, common law/statute They provide references to primary authority They can provide sample documents and checklists Example: A book on mergers and acquisitions would provide references to the pertinent statutes, regulations, and/or case law Good lawyering means using secondary sources!
  9. Mergers: Sample Secondary Authority Anatomy of a Merger Focus is on negotiations, but contains chapters on issues relevant to mergers from beginning to end
  10. Questions?
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