Research Review for Intensive Legal Writing

ByConnie Strittmatter

May 30, 2006

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)

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.

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.

Online Catalog

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

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.

LegalTrac

Web based database containing citations to law review and legal newspaper articles.

coverage from 1980 -present

American Law Reports (ALR) Excellent secondary source

Expository essays on significant legal topics

Analysis and synthesis of cases on given topic

ALR Index

130 ALR Fed 473

ALR Article

ALR References42 USCS 2000e(k)

CFR 1604.10

ALR References

Civil Rights 162, 387

ALR References

Breastfeeding §32

Digests

Subject arrangement

Contain brief descriptive abstracts on point of law contained in a case

Universal numbering system

Digests-Access Points

Topical Outline

Descriptive Word Index

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 relevant cases

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

Digest-Descriptive Word Index

Employment DiscriminationCivil R 162

Digest Entries

Wallace v. Pyro Min. Co.789 F.Supp. 867

Wallace v. Pyro Min. Co.

Digest Entry

Digests-Additional Features

Table of cases

Words and Phrases

Annotated Codes

Topical arrangement of laws that are currently in force

Annotations

Currency

Annotated Codes

Access Points General Index Title Index Popular Names Table

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

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.

Popular Names Table

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

42 USCA 2000e(k)

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

Components of a Legislative History

Bill (in all its variations) Committee hearings Committee reports Congressional debates Presidential approval or veto

message

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

Getting Started

Identify the statute

Locate public law numbers for original enactment and pertinent amendments

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

USCCAN-Public Law

Legislative HistoryHOUSE REPORTS: No. 95-948 accompanying H.R. 6075 (Comm. On Education andLabor 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 SenateVol. 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

Citations to Leg. History documents

For Legislative

History of Act, see p. 4749

USCCAN-Legislative History

Excerpt from House Report

95-948

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

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

Promulgating Regulations Proposed regulation is published

Comment Period

Agency publishes the final regulation

Where are they published? Federal Register

Published weekdays

Federal Register publishes: Proposed regulations Final regulations Notices Presidential documents

Federal Register

Citation: 68 Fed. Reg. 23659 (2003)

Indexes Monthly cumulative indexes CIS Federal Register index

All the current federal regulations are codified in:

The Code of Federal Regulations (CFR)

The CFR is arranged by….

Title (subject)Chapter (agency)

Part (topic of agency function) Section

CFR Regulation

PART 1604 – GUIDELINES ONDISCRIMINATION BECAUSE OF SEXSEC.1604.1 General principles1604.2 Sex as a bona fide occupational

Qualification1604.3 Separate lines of progression and

Seniority systems1604.4 Discrimination against married Women1604.5 Job opportunities advertising1604.6 Employment agencies1604.7 Pre-employment inquiries as to sex1604.8 Relationship of title VII to the EqualPay Act1604.9 Fringe benefits1604.10 Employment policies relating to

Pregnancy and childbirth1604.11 Sexual harassment

APPENDIX TO PART 1604-QUESTIONSAND ANSWERS ON THE PREGNANCYDISCRIMINATION ACT, PUBLIC LAW 95-555,92 STAT. 2076 (1978)

CFR Index and Finding Aids Index Parallel Table of Authorities & Rules List of CFR Titles, Chapters,

Subchapters & Parts Alphabetical list of agencies

CFR IndexSex Discrimination – Guidelines

16 CFR 1604

CFR-Table of Authorities

2000e et seq …..29 Parts 1604-1606

CFR-List of CFR Titles, Chapter, Subchapters, and Parts

Title 29 - Labor

Chapter XIV – Equal EmploymentOpportunity Commission

1604-Guidelines on discriminationbecause of sex

CFR- List of agencies

Equal Employment OpportunityCommission . . . .. . . 5, LXII; 29, XIV

Other Indexes

USCS - CFR Index & Finding Aids

CIS - Index to the Code of Federal Regulations

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

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

List of Sections Affected (LSA) Find the most recent LSA: List of CFR

Sections Affected. Look at the dates on the first page of the LSA to see how current it is.

LSA-Title Page

Title 28-41 Changes July 2, 2002 through March 31, 2003

List of Sections Affected Your regulation will be listed in the LSA if

it has been amended or repealed. Look for any proposed regulations, which

are listed at the end of each title. Refers you to the Federal Register

LSA-Title 29 sections affected

Section 1604 is not listed

Further Updating

Check the last issue of each month of the Federal Register not included in the LSA. April 2006 May 2006

Look at the table in the back of each of these issues of the Federal Register called CFR Parts Affected During this month.

CFR and Fed. Reg. Online GPO Access

CFR-http://www.gpoaccess.gov/cfr/ Fed. Reg.-http://www.gpoaccess.gov/fr/

Cornell Law School http://www4.law.cornell.edu/cfr/

Lexis, Westlaw, Congressional Universe, etc

LSA Online

http://www.access.gpo.gov/nara/lsa/aboutlsa.html

Westlaw –RegulationsPlus

First annotated CFR User-friendly index Browse Table of Contents