Articles Posted in General Legal Research Resources

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Citing to digital legal resources with specificity (and confidence in the URL’s permanence) is tricky business.

Documents and websites have a habit of moving around cyberspace – a lot. Corporations aren’t the only non-human entities that have “people“-rights to move cross-country, so to speak; digital documents change their addresses (URLs) as frequently as human-people do and there is no law stopping them from doing so.

KCLL Klues has this blog post, with references that will give you a good start when researching this subject:

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(The Law Librarian Blog has an interesting update to this story: What Would Professor Kingsfield Say? Conan O’Brien-NBC Contract Dispute Awakens Sleeping 1L Contract Students, posted, January 16, 2010.)

I read recently that “Conan’s Lawyers Screwed Up, Forgot To Specify “Tonight Show” Time Slot,” Henry Blodget, Jan. 11, 2010.

A lot of people exclaim “there ought to be a law,” but the reality is, in many instances, what people need is better contracts. From your condo/HOA bylaws, to your apartment lease, to employment contracts, to that CEO going-out-the-door sweetheart deal, to that prenuptial agreement, to your will, and on and on and on, it’s the words of the contract that matter.

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Not all U.S. Circuit Courts of Appeals (or federal district or bankruptcy courts for that matter) make full (or almost full) runs of their opinions available at their websites. See, e.g. the blog post at Gallagher Law Library (University of Washington Law Schools): Circuit Courts Archiving Cites to Online Sources.

The Administrative Office of the Courts is a one place to begin when researching federal court practice and procedure, but for cases, you need to do a little detective work if you want to use a free database.

The primary method for finding federal court case documents is PACER (registration required – some fees), but opinions from the Courts of Appeals, and other federal courts, may also appear elsewhere on the Internet. The AOC has links to federal courts.

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Let’s say I wanted to find this case, Mayfield vs. United States (a December 10th, 2009, U.S. Court of Appeals for the Ninth Circuit opinion). (And I might want to find the case so I can write a postscript to this Shaggy (Law Librarian) Dog Tale.)

When I use Google Legal Scholar, specifying federal court and 2009, and the search <brandon mayfield united states> I get nothing. When I use the same search in native Google, with only the date limiter, I get in the first page of results several links to the actual case, including the link on the court’s website.

There are a number of technical reasons for this (and a few flawed human being reasons, too), and I will leave those to be explained by Search Engine Scientists, but woe to the untrained (or unthinking) legal researcher who thinks that Google (or that other “I looked it up on The Internet” place) is where one researches an actual case.

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From the Law Librarian Blog:

ABA Launches Law Reviews, Law Journals and Document Repositories Search Engine:

The ABA’s Legal Technology Resource Center has launched a free search engine for researching the free full-text of over 300 online law reviews and law journals, as well as document repositories …” (link to full LLB post)

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The OJD December 10, 2009, Media Release gives a summary of this case (other Media Releases).

Read the full case:

State of Oregon v. Roy Lee McCullough, Jr. (SC S056910) (decided December 10, 2009)

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Think about this interesting debate (and nicely written blog post) while you’re reading the new book on Interpreting Oregon Law:

Judges Calabresi and Easterbrook Face Off on How to Interpret Statutes

When interpreting statutes, does the Constitution require federal judges to act as agents of the incarnation of Congress that enacted the legislation or the present day Congress? That was the question before Judge Guido Calabresi of the U.S. Court of Appeals for the 2nd Circuit and Judge Frank Easterbrook of the U.S. Court of Appeals for the 7th Circuit at the Federalist Society’s annual debate luncheon this afternoon.

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While looking at some social security practice materials at the James Publishing website I was reminded how many print and online legal publishers offer free legal information at their websites. These can be forms, blogs, musings on the law, case and legal topic analysis, and much more.

There aren’t as many independent legal publishers as there were 15 years ago before all the consolidation (and title divestment), but there are still quite a few:

A list of most legal publishers can be found at the AALL Legal Publishers List.

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