Introduction to Legal Information

Jason R. SowardsMassey Law Library

April 25, 2010Management 599c

Legal Information

*The* Law

(jurisdiction determines

mandatory or persuasive)

Judicial: courts publish

case law/judicial

opinions

State & Fed courts

Precedent!

Legislative: legislatures/

Congress publish statutes

Executive: administrative

agencies publish

regulations

Commentary *about* the

Law

Encyclopedias, articles,

treatises/books(always

persuasive)

Primary Authority

Secondary Authority

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)

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)

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

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

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

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!

Mergers: Sample Secondary Authority

• Anatomy of a Merger– Focus is on

negotiations, but contains chapters on issues relevant to mergers from beginning to end

QUESTIONS?