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U.S. Legal Research: Secondary Sources

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U.S. Legal Research: Complete Guide (PDF)

 

U.S. LEGAL RESEARCH: SECONDARY SOURCES

Begin your research with secondary sources!  Secondary sources are materials, written by legal scholars that summarize, explain, collect and/or analyze the law.  Although a researcher’s instinct may be to begin by jumping into primary sources on Westlaw, Lexis or print, it makes no sense to begin researching a legal topic from scratch when there may already be published legal research on that topic.  Secondary resources will summarize the law on a topic and provide citations to primary sources.  It will almost certainly be necessary to build upon this information by also conducting primary source research.  But secondary resources will provide an important head start.

CONTENTS:

I. Ready Reference Tools
II. Legal Encyclopedias
III. Treatises
IV. Nutshells
V. Legal Periodicals (Law Journals and Law Reviews)
VI. Multistate Legal Resources
VII. American Law Reports (A.L.R)
VIII. CALI: Computer Assisted Legal Instruction

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I. Ready Reference Tools

Below are some ready reference tools that are helpful for legal research.

Black’s Law Dictionary (8th ed.)
Social Science Reference Center (SSRC), Ready Reference
KF156 .B53 2004
The standard legal dictionary.

Bieber’s Dictionary of Legal Abbreviations
Social Science Reference Center (SSRC), Ready Reference
KF246 .B46 2001
Useful for deciphering legal acronyms and abbreviations.

Uniform System of Citation, 18th ed. (The Bluebook)
Social Science Reference Center (SSRC), Ready Reference 
Donald E. Stokes Library (SPIA), Reference (17th ed.)
K50 .xU64
This book is the standard source for legal citation forms.  The blue pages in the back describe the primary sources of law (and their abbreviations) for each of the 50 states and many foreign nations.

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II. Legal Encyclopedias

Legal Encyclopedias are usually organized alphabetically by legal topic (similar to a general encyclopedia).

Corpus Juris Secundum (C.J.S.)
Law Cases and Statutes (LAW), Firestone
7607.269 [Note: shelved out of sequence]
A very comprehensive treatment of U.S. law (federal and state), focusing on case analysis.

American Jurisprudence 2nd (Am. Jur. 2d)
Electronic version available on Westlaw Campus.  Similar in scope to Corpus Juris Secundum above.

West’s Encyclopedia of American Law
Social Science Reference Center (SSRC), Firestone
KF154 .W47 1997
A basic description of major areas of U.S. law.

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III. Treatises

A treatise is a book or set of books, written by an expert, about an area of law.  Some will provide a clear explanation of the state of the law on a topic (called “black letter law”) and others will provide detailed commentary and analysis.  All types usually include citations to relevant case law.  Hornbooks are usually one-volume treatises geared toward law students.

Selected treatises and hornbooks held by Princeton University Library include:
           
Calamari and Perillo on Contracts / Joseph Perillo
Social Science Reference Center (SSRC), Firestone
KF801 .C26 2003
Conflict of Laws / by Eugene F. Scoles ... [et al.].
Social Science Reference Center (SSRC), Firestone
KF411 .S28 2000
Constitutional Law / John E. Nowak, Ronald D. Rotunda.
Social Science Reference Center (SSRC), Firestone
KF4550 .N6 2000
Environmental Law / William H. Rodgers, Jr.
Social Science Reference Center (SSRC), Firestone
KF3775 .R59 1994
Environmental Law /  Frank P. Grad, Joel A. Mintz
Social Science Reference Center (SSRC), Firestone
KF3775.A7 G73 2000 
Federal Practice and Procedure / Charles Alan Wright ... [et al.]
Social Science Reference Center (SSRC), Firestone
KF8840 .W68 1982
The Law of Domestic Relations in the United States / by Homer H. Clark, Jr.
Social Science Reference Center (SSRC), Firestone
KF504 .C55 1988b
The Law of Federal Courts / by Charles Alan Wright.
Social Science Reference Center (SSRC), Firestone
KF8840 .W7 1994
The Law of Oil and Gas / by Richard W. Hemingway.
Social Science Reference Center (SSRC), Firestone
KF1849 .H44 1991b
Prosser and Keeton on the Law of Torts / W. Page Keeton, et. al.
Social Science Reference Center (SSRC), Firestone
KF1250 .P73 1984

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 IV. Nutshells

Although not scholarly works, these brief guides to selected areas of the law provide an overview of the key legal principles and highlight the important cases and statutes.  Generally, researchers do not cite to Nutshells.  Rather, they use them to provide an introduction to an unfamiliar area of the law. 

Below is a selective list of Nutshells held by Princeton University Library:

Administrative Law and Process in a Nutshell / by Gellhorn & Levin.
Social Science Reference Center (SSRC), Firestone
KF5402.Z9 G4 1997

Advanced Criminal Procedure in a Nutshell / by Cammack & Garland.
Social Science Reference Center (SSRC), Firestone
KF9619.3 .C36 2001

American Indian Law in a Nutshell / by Canby, Jr.
Social Science Reference Center (SSRC), Firestone
KF8205.Z9 C36 1998

Comparative Legal Traditions in a Nutshell / by Glendon, Gordon, & Carozza.
Social Science Reference Center (SSRC), Firestone
K560 .G43 1999

Constitutional Civil Rights in a Nutshell / by Vieira.
Social Science Reference Center (SSRC), Firestone
KF4750 .V5 1998

Constitutional Law in a Nutshell / by Barron & Dienes.
Social Science Reference Center (SSRC), Firestone
KF4550.Z9 B35 2003
KF4550.Z9 B35 1999

Criminal Law in a Nutshell / by Loewy.
Social Science Reference Center (SSRC), Firestone
KF9219.3 .L63 2003

Criminal Procedure: Constitutional Limitations in a Nutshell / by Israel & LaFave.
Social Science Reference Center (SSRC), Firestone
KF9619.3 .I8 2001

Environmental Law in a Nutshell / by Findley & Farber.
Social Science Reference Center (SSRC), Firestone
KF3775.Z9 F56 2000

European Union Law in a Nutshell. 4th ed.  / by Folsom.
Social Science Reference Center (SSRC), Firestone
KJE949.E976

Family Law in a Nutshell / by Krause
Firestone Library (F)
KF505.Z9 K7 2003

Federal Disability Law in a Nutshell / by Tucker.
Social Science Reference Center (SSRC), Firestone
KF480.Z9 T83 1998

Federal Jurisdiction in a Nutshell / by Currie.
Social Science Reference Center (SSRC), Firestone
KF8858.Z9 C87 1999

First Amendment Law in a Nutshell. 3rd.ed., 2004  / by Dienes.
Social Science Reference Center (SSRC), Firestone
KF4770.Z9 F77

Intellectual Property: Patents, Trademarks, and Copyright in a Nutshell /by Miller & Davis.
Social Science Reference Center (SSRC), Firestone
KF2980 .M52 2000

International Environmental Law in a Nutshell. 2nd ed. / by Guruswamy
Social Science Reference Center (SSRC), Firestone
K3585 .6 .G87 2003

International Human Rights in a Nutshell / by Buergenthal, Shelton, &  Stewart.
Social Science Reference Center (SSRC), Firestone
K3240.4 .B84 2002

Introduction to the Study and Practice of Law in a Nutshell / by Hegland.
Social Science Reference Center (SSRC), Firestone
KF273 .H4 2000

Labor and Employment Arbitration in a Nutshell / by Nolan.
Industrial Relations Library (IR). Firestone
KF3425 .N638 1998

Labor Law in a Nutshell / by Leslie.
Industrial Relations Library (IR). Firestone
KF3369.3 .L39 2000

Land Use in a Nutshell / by Wright & Gitelman.
Social Science Reference Center (SSRC), Firestone
KF5698.Z9 W74 2000

Legal Research in a Nutshell / by Cohen & Olson.
Social Science Reference Center (SSRC), Firestone
KF240 .C54 2000

Public International Law in a Nutshell / by Buergenthal & Murphy.
Social Science Reference Center (SSRC), Firestone
KZ1242.5 .B84 2002

Real Property in a Nutshell / by Bernhardt & Burkhart.
Social Science Reference Center (SSRC), Firestone
KF570.Z9 B47 2000

The State and Religion in a Nutshell / by Berg.
Social Science Reference Center (SSRC), Firestone
KF4865.Z9 B47 1998

Sports Law in a Nutshell / by Champion, Jr.
Social Science Reference Center (SSRC), Firestone
KF3989.Z9 C48 2000

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V. Legal Periodicals (Law Journals and Law Reviews)

Legal periodicals are usually published by law schools and contain scholarly articles written by law professors.  Often the subjects are highly detailed and narrow or address a cutting edge area of the law.  The articles will contain hundreds of footnotes citing primary source material.  Law journal and law review pieces usually contain a high level of sophisticated analysis and therefore are often important sources for academic legal writing.

Note that law journals and law reviews also publish student written articles, often called “notes.”  These articles do not carry the same scholarly weight as the professor-written articles.  Before relying on a law review or law journal article, be sure was the work of a professor, not a student.  If a student-written article must be cited, common practice is to note in the citation, that it was written by a law student.

The following journal indexes are all available from the Article Indexes and Research Databases page on the Princeton University Library web page.

Journal Indexes

Index to Legal Periodicals and Books – US law reviews and selected English language foreign law journals since 1980

Legaltrac – US law reviews and legal newspapers since 1980; selected UK and Australian law journals

Index to Foreign Legal Periodicals – selected foreign law periodicals and US law reviews focused on international law since 1985

Periodical Contents Index – historical periodicals index (electronic only)
Jones and Chipman Index (part of the electronic database Poole’s Plus and 19th Century Masterfile) – historical legal periodicals index

Full-text Databases

Hein On-Line – Law reviews (in PDF format) since the 19th century

Westlaw Campus – US law reviews since 1980’s

Lexis Academic – US law reviews and legal newspapers since 1980’s

NOTE: Hein On-Line, Westlaw Campus and Lexis Academic contain many of the same law journals; however, some law journals are unique to one database or the other.  For completeness, check both databases.

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VI. Multistate Legal Resources

Researching the law of several states can be time-consuming because each state’s legal system is organized differently.  The following sources are helpful in comparing state law.

Martindale-Hubbell Law Digests
Firestone Library, Social Science Reference Center 
KF 190 .M3
Contains a summary of each state’s law using the same subject headings for each state so comparison is relatively easy.  Focus tends to be on commercial laws.  Includes citations to state codes. Electronic version: Lexis State Capital - Click on Statutes, then click on Martindale-Hubbell Law Digests.

Subject Compilations of State Laws
Firestone Library, Social Science Reference Center (current issue)
Firestone Library (F) - back issues 1983 forward
KF240 .S795
An annual bibliography of law review articles, reports and other documents that analyze state laws.  Includes brief information on to what extent state law is cited in the particular article or report.

Uniform Laws Annotated
Firestone Library, Social Science Reference Center 
KF 165 .A5
Text of uniform laws proposed to state legislatures including annotations of cases interpreting those laws.  Includes tables listing states that have enacted uniform laws.

National Survey of State Laws, 5th ed.
Firestone Library, Social Science Reference Center (current edition)
Firestone Library (F)  - previous editions 
KF386 .N38 2003
Contains comparison charts of state law on various legal topics.
 
The Book of the States
Firestone Library, General and Humanities Reference – current issue
Firestone Library, Social Science Reference Center – current issue
Firestone Library (F) – back issues
JK2403 .B62 
Additional copy in Stokes Library 
Annual yearbook containing information on state government structure and selected state laws.

Legal Information : How to Find It, How to Use It
Firestone Library, Social Science Reference Center 
KF240 .O365 1999
This guide contains a well-written chapter on multistate legal research sources.

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VII. American Law Reports (A.L.R.)

A.L.R. contains “mini-treatises” (called annotations) published in a multivolume set and on Westlaw.  Typically each annotation summarizes the state of the law on a single legal issue.  Often the topic is one in which courts around the country disagree.  If you can find an annotation on your topic it is extremely helpful.

American Law Reports (ALR 3d)
Firestone Library, Social Science Reference Center (LAW)
7683.123

American Law Reports (ALR, ALR 2d – ALR 6th, ALR Fed, ALR Fed 2d)
Westlaw Campus

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VIII. CALI: Computer Assisted Legal Instruction

The CALI database provides over 100 interactive lessons written by law faculty and law librarians.  The lessons cover a great variety of legal topics in both substantive law and legal research, including Constitutional Law, Federal Courts, Treaty Research, and many more. 

Please note that although this database is specifically intended for use by law students, it will still be helpful to members of the Princeton University community seeking legal information.  To access the CALI lessons, choose CALI from Princeton University Library’s Articles & Databases listing (either from the alphabetical listing or from the law databases).

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