🧑🏾‍💼Advanced Legal Research Unit 6 – Specialized Legal Research Areas

Key Concepts and Terminology

• Specialized legal research focuses on specific areas of law that require unique research methods and resources
• Key terminology includes jurisdiction, which refers to the legal authority of a court to hear and decide a case
• Statutes are laws enacted by legislative bodies at the federal, state, or local level
• Case law consists of judicial opinions from courts that interpret and apply statutes and legal principles
• Secondary sources, such as legal encyclopedias and treatises, provide commentary and analysis on primary sources
  • Examples of secondary sources include American Law Reports (ALR) and Restatements
• Citators, such as Shepard's and KeyCite, help researchers determine the current status and validity of legal authorities
• Boolean operators (AND, OR, NOT) are used to refine database searches and improve the relevance of results

Types of Specialized Legal Research

• Tax law research involves investigating federal, state, and local tax codes, regulations, and case law
• Intellectual property law research covers patents, trademarks, copyrights, and trade secrets
  • Researchers may need to consult the United States Patent and Trademark Office (USPTO) database
• Environmental law research addresses issues related to pollution, natural resources, and conservation
• International law research involves treaties, conventions, and the laws of foreign jurisdictions
• Securities law research focuses on the regulation of financial markets and investments
  • Key resources include the Securities and Exchange Commission (SEC) website and EDGAR database
• Labor and employment law research covers topics such as discrimination, wages, and collective bargaining
• Health law research addresses issues like medical malpractice, patient privacy, and healthcare regulations

Primary Sources in Specialized Areas

• In tax law, primary sources include the Internal Revenue Code (IRC), Treasury Regulations, and tax court decisions
• For intellectual property law, primary sources include the Patent Act, the Lanham Act (for trademarks), and the Copyright Act
• Environmental law primary sources include the Clean Air Act, the Clean Water Act, and the Endangered Species Act
  • Researchers may also need to consult state and local environmental regulations
• International law primary sources include treaties, conventions, and decisions from international courts like the International Court of Justice (ICJ)
• In securities law, primary sources include the Securities Act of 1933, the Securities Exchange Act of 1934, and SEC rules and regulations
• Labor and employment law primary sources include the Fair Labor Standards Act (FLSA), the National Labor Relations Act (NLRA), and the Civil Rights Act of 1964
• Health law primary sources include the Health Insurance Portability and Accountability Act (HIPAA), the Affordable Care Act (ACA), and state medical malpractice laws

Secondary Sources and Their Importance

• Secondary sources provide valuable commentary, analysis, and summaries of primary sources
• Legal encyclopedias, such as American Jurisprudence (Am. Jur.) and Corpus Juris Secundum (C.J.S.), offer broad overviews of legal topics
• Treatises are comprehensive, scholarly works that provide in-depth analysis of specific legal areas
  • Examples include Nimmer on Copyright and Prosser and Keeton on Torts
• Law review articles provide scholarly analysis and commentary on specific legal issues and often propose new legal theories or solutions
• Practice guides and manuals offer practical guidance and tips for attorneys working in specialized areas
• Loose-leaf services, such as Standard Federal Tax Reporter and Environment Reporter, provide updated coverage of rapidly changing areas of law
• Secondary sources can help researchers understand complex legal concepts, identify relevant primary sources, and stay current on developments in their field

Online Databases and Research Tools

• Westlaw and LexisNexis are comprehensive online legal databases that provide access to primary and secondary sources across all legal disciplines
• Bloomberg Law is another major legal database that offers extensive coverage of business and financial law
• Specialized databases focus on specific areas of law, such as the Bureau of National Affairs (BNA) databases for labor and employment law and the CCH Intelliconnect platform for tax law
  • These databases often provide more targeted and in-depth coverage than general legal databases
• Google Scholar can be used to locate case law, law review articles, and other legal materials available on the web
• Government websites, such as those maintained by federal agencies like the EPA and SEC, provide access to regulations, guidance documents, and other official publications
• Many law libraries offer online research guides and tutorials to help researchers navigate specialized legal databases and resources

Research Strategies and Techniques

• Start with secondary sources to gain an overview of the legal issue and identify relevant primary sources
• Use Boolean operators and advanced search techniques to refine database searches and improve the relevance of results
• Take advantage of headnotes, case summaries, and other editorial enhancements provided by legal databases to quickly identify key points and holdings
• Use citators to determine the current status and validity of primary sources and to find related authorities
  • Citators can also help researchers trace the development of a legal doctrine or principle over time
• Consult with law librarians and other legal research experts for guidance on complex research questions and specialized resources
• Keep detailed research logs and notes to track sources consulted, search terms used, and key findings
• Regularly update research to ensure that all sources are current and still valid

Ethical Considerations and Challenges

• Researchers must ensure that they are using authentic, up-to-date versions of primary sources and reputable secondary sources
• Confidentiality and privacy concerns may arise when researching sensitive legal matters, such as medical malpractice cases or trade secrets
• Researchers must avoid plagiarism and properly attribute all sources used in their work
• Conflicts of interest can occur when researchers have personal or financial stakes in the outcome of a legal matter
  • Researchers must disclose any potential conflicts and take steps to mitigate their impact
• In some cases, researchers may need to obtain permission or licenses to access certain materials, such as copyrighted works or proprietary databases
• Researchers must be aware of any ethical rules or guidelines specific to their jurisdiction or area of practice
• Time and budget constraints can pose challenges for researchers, who must balance the need for thoroughness with practical considerations

Practical Applications and Case Studies

• In a tax law case study, a researcher might use the IRC, Treasury Regulations, and tax court decisions to determine the proper tax treatment of a complex financial transaction
• An intellectual property researcher could use the USPTO database, Federal Circuit decisions, and treatises like Chisum on Patents to assess the validity and scope of a patent
• Environmental law researchers might consult the EPA website, state regulations, and environmental impact statements to evaluate the legality of a proposed construction project
  • They may also need to review scientific studies and expert testimony to assess the project's potential environmental impacts
• In an international law case study, researchers could analyze treaties, ICJ decisions, and the laws of multiple jurisdictions to resolve a cross-border dispute
• Securities law researchers might use SEC filings, stock market data, and law review articles to investigate potential insider trading violations
• Labor and employment law researchers could consult the EEOC website, collective bargaining agreements, and case law to assess the merits of a discrimination claim
• In a health law case study, researchers might review HIPAA regulations, medical records, and expert testimony to determine liability in a medical malpractice case