In the September issue of Check It Out, Part I of this article discussed the advantages of using secondary sources to begin a legal research project, as well as the benefits of beginning your research by finding and reading a law periodical article on point. There was also a discussion of how to find such articles through online indices or full-text databases. This month’s article, Part II, discusses other secondary sources beneficial to starting a legal research project.

Legal Encyclopedias

Legal encyclopedias are another secondary source approach to starting your research. You can start your research by scanning the index volumes of either American Jurisprudence, 2d (First Floor, shelf 134) or Corpus Juris Secundum (First Floor, shelf 134) for applicable index entries to your topic. Alternatively, American Jurisprudence, 2d can be accessed through Westlaw (AMJUR database) and LEXIS (2NDARY library, AMJUR file). Corpus Juris Secundum can be accessed from Westlaw (CJS database).

In the print indices of both sets, entries with your topic will provide a subject heading and a section number; those subject headings are organized alphabetically within the set with the alphabetization of those subjects displayed on the book spines. The text of these encyclopedias provide a general overview of the law, nationally, on each topic. It is not intended to be a description of the individual laws of the fifty states; however, the footnotes of both sets are chock full of citations to state case law.

There are some legal encyclopedias published which discuss the law of specific states. Those held by Beeson Law Library include the following:

Encyclopedia of Georgia: a Complete, Narrative, and Encyclopedic Statement of the Living Law of Georgia (First Floor, Shelf 125)

Florida Jurisprudence 2d (First Floor, Shelf 125)

Michie’s Jurisprudence of Virginia and West Virginia (First Floor, Shelf 128)

Tennessee Jurisprudence: an Encyclopedia of Tennessee Law (First Floor, Shelf 128)

There are many other state legal encyclopedias available on LEXIS and Westlaw:

California Jurisprudence (Westlaw database CAJUR)

Florida Jurisprudence 2d (Westlaw database FLJUR; LEXIS library & file 2NDARY; FLJUR) Georgia Jurisprudence (Westlaw database GAJUR)

Illinois Jurisprudence (LEXIS library & file 2NDARY; ILJUR)

Indiana Law Encyclopedia (Westlaw database IN-ENC)

Maryland Law Encyclopedia (Westlaw database MD-ENC)

Michigan Jurisprudence (Westlaw database MIJUR)

Michigan Law & Practice (LEXIS library & file 2NDARY; MLP)

Dunnell Minnesota Digest (LEXIS library & file 2NDARY; DUNNEL)

Encyclopedia of Mississippi Practice (Westlaw database MSPRAC-ENC)

New York Jurisprudence 2d (Westlaw database NYJUR; LEXIS library & file 2NDARY; NYJUR)

Ohio Jurisprudence 3d (Westlaw database OHJUR; LEXIS library & file 2NDARY; OHJUR)

Pennsylvania Law Encyclopedia (LEXIS library & file 2NDARY; PLE)

Summary of Pennsylvania Jurisprudence (Westlaw database PAJUR)

South Carolina Jurisprudence (Westlaw database SCJUR)

Tennessee Jurisprudence (LEXIS library & file 2NDARY; TNJUR)

Texas Jurisprudence 3d (Westlaw database TXJUR; LEXIS library & file 2NDARY; TXJUR)

Michie’s Jurisprudence of Virginia and West Virginia (LEXIS library & file 2NDARY; VWVJUR)

American Law Reports (ALR)

In many instances, a discussion found in ALR can be a good starting point for the researcher. Located on shelves 130-132 (First Floor), you will find this collection of annotated law reports provides a court decision addressing a particular legal issue, finding aids and case citations for further research on the topic, as well as a fairly extensive discussion of the issues involved with that topic. Best of all, there are numerous means of accessing the topics discussed in any of the ALR sets. There is a multi-set ALR Index (Shelf 132) which is organized similarly to the “descriptive word index” of the West Digest sets, a single volume (red) ALR Quick Index (Shelf 132), a single volume (blue) ALR Federal Quick Index, as well as a multi-volume set of West’s ALR Digest which has been organized using the West Key Number system. You should remember to update your ALR research by consulting its pocketpart, A.L.R. Blue Book of Supplemental Decisions (for the original edition of ALR) or ALR 2d Later Case Service (for ALR 2d).

Treatises

Another way to start a legal research project is to find a treatise on point. As mentioned in Part I of this article, jurisdiction-specific works (if they exist for your jurisdiction) on a particular legal topic can be of immense value to the researcher. They will commonly contain both the important code provisions and the court decisions critical to understanding that jurisdiction’s stance on a topic. There is a significant collection of current Alabama treatises in the Reference section of the Law Library (Shelf 166) under call numbers beginning with “KFA.” Other Alabama legal works can be found in the general treatise collection (Second Floor) as well as Reserve (Circulation Desk). For a select list of Alabama legal treatises organized by subject, consult “Overview of Alabama Legal Treatises” at http://lawlib.samford.edu/reference/overview.html.

Typically, researchers who are just beginning their work would likely search the Law Library’s online catalog. Assuming that the researcher does not have a specific work in mind, a good keyword search can be a combination of words (no specific word order necessary) describing the jurisdiction along with the topic:

Examples:

Evidence federal

Alabama property

Alternatively, such sources may show up in bibliographies and footnotes contained in law review articles and annotations, in the event that those other resources are consulted first.

An important warning to the researcher when using treatises–while it is important to update important cases and statutes found in any secondary sources using a citator (such as Shepards or KeyCite), it is particularly crucial to notice the copyright dates of any treatises relied upon. Some treatises can be updated with pocket parts or freestanding supplements; you should be sure to consult these when they are available. Other works will be organized in binders; pages in this type of publication will often display its inclusion date at the bottom corner of the leaf. Additionally, the researcher must be wary of using previous editions of a work, even if pocket parts or other supplementation can be found. If you have any questions about finding dates of publication or the latest edition for a particular treatise, please contact a Reference Librarian.

The American Constitution Society for Law and Policy (ACS) harnesses the power of the Internet for public service with its innovative ResearchLink project. The website at http://researchlink.acslaw.org brings together lawyers, law students, and professors to further social justice issues.

Under-funded public interest lawyers need help with research and writing. On the other hand, law students need to find worthy topics for academic writing requirements. At Cumberland School of Law, for instance, each student must complete a faculty-supervised research paper before graduation.

At ResearchLink, public interest lawyers submit ideas for research papers. Under a law professor’s supervision, a law student may prepare a paper for credit, and submit it for the website’s online library. Right now, ResearchLink lists more than eighty topics submitted by various legal aid societies, public defenders, and others. The first papers will appear after the Fall 2007 academic semester.

ACS invites law school professors to suggest the ResearchLink site to students in their classes and seminars. Moreover, professors may submit topics on their own scholarly interests for student research.

Source: Thousands of Hyphens Perish as English Marches On, Posted online at http://news.yahoo.com (September 21, 2007).

The American Bar Association’s Committee on Corporate Counsel publishes this series of guidebooks with annotated forms, general advice, and tips for everyday practice. Unlike lawyers in a private firm, in-house counsel may not have access to large collections of forms or ready advice from a senior partner. This series aims to fill the information gap on key issues often faced by in-house attorneys in small to medium-sized legal departments. The guidebooks are not in-depth treatises but rather good starting points for further research.

The In-House Counsel’s Essential Toolkit (KF1425/.I64/Treatises) covers seven volumes as follows:

1. General Business Contracts - Forms in this segment of the series include a consulting agreement, distribution agreement, real property lease, sales representative agreement, release, purchase order, manufacturers’ supply agreement, cease-and-desist letters, and collection letters.

2. Corporate Governance - This volume provides forms for articles of incorporation, bylaws, director’s duties, committee charters, board meetings and resolutions, mergers, securities offerings, and more.

3. Corporate Compliance and Ethics - Consult the third volume for sample corporate polices on antitrust, conflict of interest, antidiscrimination, antiharas- sment, insider trading, political activities, records management, and other programs designed to insure compliance with the law.

4. Employment Law - This segment covers forms and policies addressing a broad range of employment issues like applications, job offers, background checks, confidentiality agreements, exit interviews, noncompete clauses, and other matters.

5. Intellectual Property - The fifth volume in the set offers sample agreements for licensing, assigning, and protecting copyrights, trade secrets, trademarks, and patents. The book concludes with forms for website use and privacy policies.

6. Litigation - Slim but useful, this volume contains a checklist of actions to take upon receipt of a complaint, sample policies on the duties of outside counsel, a law firm retention letter, a notice letter to insurers, and more.

7. Training Outside Counsel - The final segment of the series offers guidance on selecting, managing, and evaluating outside attorneys. All of the forms and policies covered in the entire series are on a CD-ROM in the back of volume seven.

As the job title implies, a company’s general counsel is often called upon for general knowledge in many areas of law. This series from the ABA is an excellent tool for developing that expertise.

Law students looking for a little R-E-S-P-E-C-T might consider competing for a trip to the Grammy awards and dinner honoring Aretha Franklin! Each year, various organizations sponsor writing competitions for law school students. Some of these contests offer substantial cash awards, the opportunity to publish in prestigious journals, and free trips to professional association meetings. For information on writing competitions, check the bulletin board outside Room #224 in the law school. If a topic catches your interest, just ask Mrs. Janice Brantley, Room #224, for a copy of the posting. The following is a sampling of present contest listings:

1. Association of Securities and Exchange Commission Alumni writing competition on securities law awarding $5000 first place ($3000 second and $2000 third) plus travel expenses up to $1000 for the annual dinner in Washington, D.C. (deadline November 15, 2007);

2. ABA and the Grammy Foundation’s writing competition on a compelling legal issue in the music industry awarding $5000 ($1500 each for four alternates) plus round trip airfare and hotel accommodations in Los Angeles to attend the Grammy Awards Show and MusiCares Person of the Year Dinner honoring Aretha Franklin (deadline December 20, 2007);

3. The Uniform Law Commission’s William J. Pierce Writing Contest on a uniform or model act awarding $1000 plus publication in the organization’s newsletter (deadline December 31, 2007);

4. The Public Justice Foundation’s Roscoe Hogan environmental law contest on global warming litigation awarding $5000 and a trip to Philadelphia (deadline January 31, 2008);

5. Trandafir International Business Writing Competition on any topic of contemporary international business or economics awarding $2000 plus publication in Transnational Law & Contemporary Problems, a journal of the University of Iowa College of Law (deadline February 1, 2008);

6. American Constitution Society for Law and Policy’s contest on liberty, security and democracy in our evolving society awarding $3000, recognition at the national convention, and publication in the University of Pennsylvania Journal of Constitutional Law (deadline February 8, 2008);

7. American College of Trust and Estate Counsel’s contest on trusts, estates, or related taxation with $5000 first prize, $3000 second prize, and $1000 third prize (deadline May 1, 2008);

8. The College of Labor and Employment Lawyers, Inc. competition on any aspect of public or private labor or employment law with $1500 first prize, $1000 second prize and $500 third prize plus publication in the College’s newsletter and attendance at the annual dinner (deadline May 15, 2008);

9. American Society of Composers, Authors and Publishers’ contest on copyright law for third-year (and selected second-year) law students with prizes ranging from $250 to $3000 (deadline June 30, 2008).

Deadlines and criteria may change, so contact the sponsoring organization directly for full details of any contest.

I am frequently asked – when should I replace a laptop?

If a major component “dies” – motherboard or LCD – it can be less expensive to replace the laptop than to replace the parts. I have on several occasions replaced the motherboards and LCDs of student laptops when the owners really wanted to keep their laptops.

Prices for parts really depend on the brand of laptop you have. Parts for Toshiba, Dell, and HP are readily found on eBay for good prices. It is more difficult to find replacement LCDs and motherboards for Apple inexpensively. Before purchasing parts on eBay, please note that they usually don’t have much of a warranty if they have one at all.

I always recommend purchasing an extended warranty when purchasing a laptop as the warranty will take care of a dead motherboard, etc.

If a hard drive is going bad or memory no longer works – that is a very inexpensive fix. One of the best places to locate memory is www.crucial.com. Crucial can scan your laptop and let you know how much memory is currently installed and how much more you may add.

For hard drives, I suggest http://www.drivesolutions.com. They also have a scan that will determine the type of hard drive replacement or upgrade that is needed.

These websites also have menus where you may choose memory and hard drives by manufacturer of the laptop.

If you are really interested in using the latest operating system of a PC or Mac – it may be easier to purchase a new laptop. The technical specifications for the next Mac OS (Leopard) state that it will not work on G3 systems (http://www.apple.com/macosx/techspecs).

Older PCs may not be able run Vista smoothly or at all. Try the Vista Upgrade Advisor (http://www.microsoft.com/windows/products/windowsvista/buyorupgrade/upgradeadvisor.mspx) to determine if your PC is able to upgrade.

Age also plays a role in this decision. Even after upgrades, older laptops may not run as smoothly or as quickly as the newer models. Depending on how frustrating the slowness is – it may be time to purchase a new model.

Laptops may last a long time if maintained properly. However, the time may come when slowness or new software is desirable and a new laptop is in order. F

or more information or help, please contact Grace Simms, Computer Services Librarian, at glsimms@samford.edu or 726-2687.

The entire article can be found at: http://law.bepress.com/cgi/viewcontent.cgi?article=7448&context=expresso.

Microsoft is offering Office Ultimate 2007 at a terrific price right now -- $59.95. Just go to http://www.theultimatesteal.com for more information.

This is the last issue of CHECK IT OUT for this semester. Three issues will be published during the Spring Semester beginning in January 2008. If you have any ideas or suggestions as to ways we can improve, contact Becky Hutto at rmhutto@samford.edu rmhutto@samford.edu. We look forward to the Spring Semester and new issues of the newsletter.