Guide for Substantial and Supervised Analytical Writing (SAW) Research
This student guide for Substantial and SAW research directs you to library resources, librarians and legal databases for assistance with the following:
- where to go for more research help
- selecting a topic
- performing a preemption check
- research management
This guide is written with the assumption that you have a working knowledge of both Westlaw Next and Lexis Advance. In most databases, you have the option of using either the Terms & Connectors (Boolean) search method or the Natural Language search method. To arrange for individual or group instruction on Westlaw, contact Holly, the West academic account manager at for the Yale Law School, at: firstname.lastname@example.org. For help with Lexis Advance, contact the Lexis representative, Meredith, at: email@example.com. For a Bloomberg password and help with the Bloomberg database, contact Jed Lewin at mailto:firstname.lastname@example.org.
For library research, or assistance with legal research in general, you have various options:
- Describe your research topic: We can assign you a personal librarian based on subject specialty from here: /research-help-0.
- Contact the Reference Department: see the Law Library’s website for hours, contact us through email, email@example.com, instant message us from the Law Library’s website.
- Take a research course. We recommend Advanced Legal Research (ALR), an advanced exploration of the specialized methods and sources of legal research in some of the following areas: administrative law; case finding; computer-assisted research; constitutional law and history; court rules and practice materials; foreign and international law; legislative history; and statutory research. Students use their own research topic to create a pathfinder or complete assignments for this course. Contact Julie Graves Krishnaswami at firstname.lastname@example.org for more information about ALR. We also offer specialized research courses in foreign and international research, corporate law research, regulatory research and empirical research methods.
For advice on research management, contact Jason Eiseman at email@example.com or Jordan Jefferson at Jordan.a.Jefferson@yale.edu or visit our research management guide at: http://library.law.yale.edu/research-management-and-citation.
SELECTING A TOPIC AND FACULTY MEMBER
FACULTY SAW/ SUBTANTIAL POLICIES:
Yale Law School Faculty Policies for Supervising SAW/Substantial Writing Projects: https://secure.its.yale.edu/cas/login?service=http%3A%2F%2Fstudentscholarship.law.yale.edu%2Fnode%3Fdestination%3Dnode
Other Institutional Repositories in law: http://lsr.nellco.org/
CURRENT OR EMERGING TRENDS IN LAW
Researching current or emerging trends in the law can help you find an issue or important recent decision that could form the basis of a paper
- BNA – latest news and analysis in various areas of the law: http://library.law.yale.edu/research/guides/resources/bna-online
- BNA, US Law Week, http://essential.bna.com/login/signin_pref.jsp?orig=http%3A%2F%2Fnews.bna.com%2Flwln%2F
- Bloomberg Law’s Homepage - latest news and analysis in various areas of the law: http://about.bloomberglaw.com
- Lexis Advance: Emerging Issues Analysis
These are premium collections of commentaries written by top practitioners on new legal developments and cases. The commentaries examine a wide range of recent cases, regulations, trends, and developments. These accounts cover national, state and international issues and provide expert insight in important areas and legal developments.
· Click Browse Sources above the red search box;
· Enter “emerging” into the search box under sources (on the left) and select “OK;”
· Under “Narrow By,” select “Content Type,” then select “Secondary Material,” the select “Emerging Issues Analysis;”
· Click on any source to view and select “Add this source to the search” to search within it;
· Run a general search for a topic in the red search box.
CLASSIC WESTLAW’S NOTABLE TRIALS: TRANSCRIPTS AND COURT DOCUMENTS DATABASES
Notable Trials Transcripts and Documents: TRIALS-ALL contains official pretrial and trial transcripts and court documents from the individual notable trials databases currently on Westlaw. To find this database enter, the database identifier, “TRIALS-ALL,” into the “Search the Directory” box. These highly publicized trials can affect the U.S. justice system far beyond the jurisdictions in which they take place. The conduct and outcome of such trials are often subjects for legal scholarship. Bloomberg Law’s dockets search is also very useful and comprehensive for recent court docket materials.
- Westlaw Next’s News page contains nearly 12,000 newspapers, magazines, journals, newswires, newsletters, and transcripts of television and radio programs. Examples include newspapers such as the New York Times, magazines such as Business Week, and transcripts from programs such as 60 Minutes. You can use these databases to retrieve the latest business information and news. Navigate to the News page from the homepage; News is in the leftmost column.
- Lexis Advance News & Business tab has the largest news database available - Over 20,000 sources, including TV & radio news transcripts and blogs. From the homepage, click on “All Content Types,” directly under the red bar. Then, select “News” and “Legal News.” Run your search in the search box.
- Lexis Advance Mealey’s Litigation News Publications: the foremost publisher in litigation news and is widely read by trial and appellate litigators for the most cutting edge cases. To find this source, follow these steps:
- Click on Browse Sources;
- Enter “mealey” into the search box under Sources and select “OK;”
- Find the publication you’d like to search;
- Click on it and select, “Add this source to search” and enter your search terms in the red box.
- Bloomberg Law News Tab contains top legal news, foreign news and a rich news archive.
- For more historic or local newspaper coverage, visit the Newspaper Archive database (http://access.newspaperarchive.com/) or Yale University’s News page: (http://sfx.library.yale.edu/sfx_local/azlist/default?lang=eng)
CIRCUIT SPLITS – Remember that it is generally recommended to stay away from “circuit split” articles:
Selecting a Topic Involving an Unresolved Issue or Circuit Split
New legal issues and issues causing a split in opinion among the federal circuit courts provide interesting subject matter for papers:
- BNA United States Law Week for analysis of current and most significant federal and state cases. This and the Supreme Court Weekly discuss unresolved circuit splits. https://essential.bna.com/login/signin_pref.jsp?orig=http%3A%2F%2Fnews.bna.com%2Flwln
- Supreme Court Blog, “SCOTUS Blog”: http://www.scotusblog.com/
- In Westlaw Next, enter Preview of U.S. Supreme Court Cases into the white search box and enter the following search string into the search box: ADV: circuit /5 split.
- In Lexis Advance, enter circuit /2 split! or disagree! into the main red search box. Then, use the filter on the left and select Federal and narrow the time to the last year.
Legal Indexes – from the Library databases page at: http://library.law.yale.edu/research/legal-databases
- Current Index to Legal Periodicals: Weekly editions of the Current Index to Legal Periodicals, which indexes articles from more than 300 legal publications.
- Index to Legal Periodicals: Index of law review articles and book reviews since 1908.
- Legal Trac: Covers law review articles and bar journals since the 1980’s.
- Index to Foreign Legal Periodicals: Covers journals on foreign and international law
Working Papers and Pending Articles
To determine whether pending, not-as-yet-published legal scholarship preempts your work on your note topic, look at SSRN.com, which is reachable from the Law Library’s Legal Databases page. To find law related articles, use the LSN, the legal scholarship network. The LSN homepage provides a link to a list of law and law-related journals and working papers as well abstracts of materials they have accepted for publication but have not yet published.
Law Professor Blogs: http://www.lawprofessorblogs.com/
Law Professor Blogs is a network of blogs designed from the ground-up to assist law professors in their scholarship and teaching. Each site focuses on a particular area of law and combines both (1) regularly-updated permanent resources and links, and (2) daily news and information of interest to law professors.
DEVELOPING YOUR TOPIC
Once you’ve chosen a topic, you can begin the research process. Here are some suggestions for starting points:
AMERICAN LAW REPORTS
American Law Reports (ALR) contains annotations that review and analyze the complete body of state and federal law. The attorneys who write the annotations search relevant sources, collect and analyze the law on the issue, and prepare a detailed discussion of the general principles deduced from their research. Each ALR article is a complete legal memorandum on a particular legal issue. Use the American Law Reports database (ALR) to gather background information, determine the applicable primary law, and find leads to other secondary materials such as forms and practice guides. American Law Reports are available on Lexis Advance and Westlaw Next.
FOREIGN AND INTERNATIONAL LAW:
- International Law in Domestic Courts: http://opil.ouplaw.com/home/oril. An online case reporting service that brings you the most important public international law issues being decided in domestic courts around the world. The most significant cases are identified and thoroughly analyzed. Full text judgments are included, as are authoritative English translations of key passages. Fully searchable database; browse by country, key word, or topic.
- Yale’s Country-by-Country Grid: http://library.law.yale.edu/research/guides/country-guide
- Index to Foreign Legal Periodicals (IFLP): http://library.law.yale.edu/research/legal-databases
- EISIL: http://www.eisil.org/. Use this site to easily locate the highest quality primary materials, authoritative web sites and helpful research guides to international law on the Internet.
- Max Planck Encyclopedia of Public International Law: http://library.law.yale.edu/research/legal-databases A pre-eminent and comprehensive work covering the central and essential topics in international law.
- Contact Evelyn Ma or Ryan Harrington for more help.
- Morris (Law Library): http://morris.law.yale.edu/
- Orbis (Yale University): http://yufind.library.yale.edu/
- WorldCat (catalog of catalogs): http://www.oclc.org/url/?404;http://www.oclc.org/us/en/worldcat/default.htm
- Research Guide: http://library.law.yale.edu/historical-research
- Poole’s Plus provides access to legal periodical indexes from 1786 to 1906. http://history.paratext.com
- Making of Modern Law: http://library.law.yale.edu/research/legal-databases
- Contact John Nann for more help.
REGULATORY AND EXECUTIVE MATERIALS
- Federal Register: https://www.federalregister.gov/
- CFR Parts for Agencies: http://www.ecfr.gov/cgi-bin/text-idx?SID=05c66f5dc8ce2a83677b1dae50f972df&tpl=/agencylist.tpl
- Regulations.gov: http://www.regulations.gov/ Official portal for locating comments on proposed regulations and monitoring developments.
- Gov Pulse http://govpulse.us/. Open source site that attempts to be an easier version of regulations.gov
- Agency websites:
- The University of Virginia puts out a nice guide here: http://guides.lib.virginia.edu/administrative_decisions
- The US Government Manual print and online will give a brief overview of agencies and responsibilities. http://www.usgovernmentmanual.gov/?AspxAutoDetectCookieSupport=1
- Browse websites by topic: http://www.browsetopics.gov/
- Unified Agenda by agency, http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=Unified+Agenda&isCollapsed=false&leafLevelBrowse=false&ycord=0
- Weekly Compilation of Presidential Documents (includes daily comp) http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=CPD
- US Presidency Project: www.presidency.ucsb.edu/
- National Archives: http://www.archives.gov/presidential-libraries/
- Attorney General and Office of Legal Counsel memos: http://www.justice.gov/olc/opinions.htm.
- Attorney General opinions: http://heinonline.org/HOL/Index?collection=agopinions&set_as_cursor=clear
- Foreign Relations of the United States: http://history.state.gov
- Contact Julie Krishnaswami for more information.
1. Statistical Databases: http://library.law.yale.edu/statistical-databases.
2. StatLab Software available for use or download: http://statlab.stat.yale.edu/inventory/software/
3. Statistical datasets: http://statlab.stat.yale.edu/data/
4. Contact Sarah Ryan for more help.
SOURCES OF COMPILED LEGISLATIVE HISTORY
- Research Guide: http://library.law.yale.edu/researching-legislative-history
- Compiled Legislative Histories: ProQuest Legislative Insight
- Nancy Johnson, Sources of Compiled Legislative Histories on HeinOnline http://heinonline.org/HOL/Index?index=leghis/leghisb&collection=leghis
- CIS Annual Legislative Histories on ProQuest Congressional. Also check Congressional Research Service Reports (CRS), which are also available online at ProQuest Congressional. http://congressional.proquest.com/gis?accountExpired=true
- Congressional Quarterly: Legislative news and analysis from Congressional Quarterly, http://library.cqpress.com/.
- Contact Michael VanderHeijden for more help.
SUBJECT COMPILATION OF STATE LAWS
- Cheryl Rae Nyberg, Subject Compilations of State Laws: An Annotated Bibliography, on HeinOnline: http://heinonline.org/HOL/Index?collection=scsl&set_as_cursor=clear.
- See also 50 state surveys in Westlaw and LexisNexis, as well as the State-by-State Legislative History Guides from our website: /state-law-research-guide.
BOOKS ON LAW STUDENT LEGAL SCHOLARSHIP