Today’s options for accomplishing legal research are vast and varied, with lawyers having instant access to on-point case law at the click of a mouse or using the traditional print research methods of prior generations. The question of which research method is “best” seems to be answered by the marketplace; law firms are shrinking the size of their print libraries and relying more upon legal database services such as LEXIS and WESTLAW. From their point of view, both time and office space is saved in making such a choice. How does the choice of using automated research methods effect the quality of research? Though there is no certain answer to this question, this article will explore some of the mechanics of both research styles.

Before online legal research became so prevalent, the process of legal research involved consulting numerous print works that served as “building blocks” to a researcher’s understanding of a particular legal issue. A researcher’s journey was aided by annotations and indexing resources (such as digests, special subject reporter topical indices, periodical indexes, Shepards, etc.) which were crafted by knowledgeable editors to help the researcher find other materials on point. Initial research in print secondary sources such as legal encyclopedias, ALRs, law reviews and treatises, all had an important role to play in the process of building an understanding of a legal topic and the issues that surround it. Such legal research was (and is) time consuming. It also involves a lot of inventive “digging”-- there is no uniform pathway of research steps within print publications to follow for every research issue; each legal problem is unique in the sense that it is solved by a different combination of print resources. Additionally, each step in the manual research path involves some degree of analysis on the part of the researcher in order to take further steps; each step’s analysis also usually adds to the researcher’s understanding of the legal issue. All of this is a challenging, difficult task.

All-too-typical usage in online legal research databases involves finding an appropriate jurisdictional court decision or statutory database and plugging in a combination of keywords which the researcher, with little background information, thinks will access information on point. Much of what is found will be false positives–cases which have the requested terms, but are not on-point and totally out of context. This practice has been compared to “ice fishing”-- the fisherman can see and catch what is directly below the cut in the ice, but nothing else.1 A simple example of “ice fishing” is the researcher who proceeds to pursue the topic of dog law and types in “dog” as a search.2 Some positive results of that search may be found, but so much more would be available if the searcher had known that the broader topic was chattel law. Particularly in the case of online text searches, researchers may have the unfounded confidence that they have found “everything,” when, in fact, they have only accessed a small portion of what could be found on point. An expert in the field of information management contends that 80 percent of desired content (not specifically legal research) is usually missed when performing online text searches.3

Online publishers will argue that the same search results found in print materials can also be found using databases within their service. At least to some extent this is true; both WESTLAW and LEXIS have available online citators, indexes online, forms of digest searching, treatises, law reviews, special subject reporters, etc. These can be accessed much more quickly than the print versions. However, some special subject reporter publishers, such as BNA, have minimal coverage on LEXIS and WESTLAW for purposes of creating demand for their own subscription-based online services. Treatises providing extensive coverage of a topic within a specific jurisdiction, such as MCELROY’S ALABAMA EVIDENCE, are often not included in these database services. Law review coverage by the most prominent database services tends to start in the 1980's or 1990's, and even then WESTLAW provides only “selective coverage” for many journals covered (such as ALABAMA LAWYER).4 As a result, online searching of many of these secondary source databases may offer much less than they initially appear unless details in the database directories are closely read by the researcher.

Even when secondary sources are available online, are they being used by the legal community to develop quality research? Are lawyers trying to find most of the primary law on point to their topic? Much research needs to be done to accurately answer this question. In talking with librarians with significant experience in a law firm environment, their answers are mixed. The costs involved in accessing these additional secondary source databases certainly discourage their usage. Some attorneys insist upon performing research necessary to develop a thorough understanding of their legal topic; others are much less thorough, particularly when the firm pressures them to keep online research costs low. Law firm librarians nationwide comment that many young attorneys have negligible online research skills, though this is the only mode of research they seem comfortable performing. The dilemma is that for three years, law students are provided endless opportunities to search the largest (and costliest) databases with the most general (and ineffective) search strategies at no added cost or penalty. This situation abruptly ends at graduation.

How can current students improve the quality of their research? First of all, it is extremely important that law students become familiar with navigating and researching legal materials in print format as well as online–as previously indicated, many of the most valuable references to your research problem may only be in book form. It is also highly suggested by legal information professionals that students first obtain an overview of the topic by consulting secondary authority5 within law reviews, treatises, continuing legal education materials,legal encyclopedias and ALRs. It is critical that the researcher develop an understanding of the issues and concepts involved before attempting keyword searching on costly database systems such as LEXIS and WESTLAW.6 If you have any questions concerning use of print or online resources for a particular project, please consult a reference librarian.

1Chuck Knapp, BNA Indexing Manager, Address at American Association of Law Libraries Annual Meeting and Conference, Indexes, Taxonomies and the Google Generation, July 19, 2005.

2Ibid.

3George Plosker quotes Tom Reamy in Taxonomies: Facts and Opportunities for Information Professionals, 29 ONLINE, Jan. 1, 2005, at 58.

4A great online retrospective gap-filler for a large number of legal periodicals is HeinOnline, available at the Law Library.

5Penny A. Hazelton in What Should Be Taught First: Primary Authority or Secondary Authority? 8 PERSPECTIVES: TEACHING LEGAL RES. & WRITING 8 (1999) argues that the first stage of research should be using secondary sources. She states that a preliminary analysis must initially be done, particularly when little is known about the subject. In choosing secondary sources to commence research, the author comments:

“If you know little about the subject matter, how else can you determine what kind of law (court decisions, statutes, regulations, constitutional provisions) is most likely to answer your question? Knowing this before you begin searching in bewildering and arcane statutes or millions of court decisions can help make your research efficient and productive.”

Additionally, Peggy Roebuck Jarrett and Mary Whisner echo these comments in “Here There Be Dragons”: How to Do Research in an Area You Know Nothing About, 6 PERSPECTIVES: TEACHING TEACHING LEGAL RES. & WRITING 74 (1998).

They state:

Before you plunge into primary sources, use secondary tools to get an overview of the area. You will gain valuable information, including vocabulary, leading cases, citations to statutes, and checklists.... A researcher who did not begin with secondary sources and instead went directly to statutes or cases might waste a lot of time.”

6 Peggy Roebuck Jarrett and Mary Whisner, in “Here There Be Dragons”: How to Do Research in an Area You Know Nothing About, 6 PERSPECTIVES: TEACHING LEGAL RES. & WRITING 74 (1998), states:

It is usually best to avoid using online services to find primary sources until you are familiar with the area of law. Online research is most effectively done with a specific issue in mind, and knowledge of the specific vocabulary, leading cases, and applicable statutes. The computer is literal–it cannot tell you the meaning of what it retrieves. One can easily waste precious time (and a significant amount of money) browsing electronic sources without

Interested in any new books added to the Law Library? Each student receives a monthly e-mail with the link to an up-to-date copy of the Selected List of Recent Acquisitions. This is a list of library acquisitions sorted by subject. There is also a printed copy of the same bibliography on the Law Library bulletin board, First Floor, east side of the building.

Students often want to view their GroupWise e-mail in Outlook rather than the web format. To use Outlook for Samford e-mail, follow these instructions:

Open Outlook and click on Tools, Accounts, Add, and then Mail.

An Internet Connection Wizard will appear.

Enter a name for Display Name and click Next.

Enter an e-mail address.

Click Next, and choose IMAP as incoming mail server from drop-down box.

Use the following information for the servers:

Incoming mail server: gwiain.samford.edu

Outgoing mail server: gwiaout.samford.edu

Click Next.

Enter an Account name & Samford e-mail password.

Check remember password box.

Do not check the Log on using Secure Password Authentication (SPA) box.

Click Next.

Click Finish.

Samford e-mail should now download to Outlook.

If help is needed with Outlook setup, please contact Grace Simms, Computer Services Librarian, at extension 2687 or glsimms@samford.edu.

Some web sites have been created for typewriter newbies. Two good sites are: MyTypewriter.com and Typewriter.collector.com.

Source: Clack Clack Ding! Typewriters Make Comeback, Posted Online at http://www.bradenton.com (August 25, 2005).

Interested in what changes are included in the new 18th edition of the Bluebook? A list of the major changes can be found at the following website: http://www.legalbluebook.com/changes.shtml.

Most law students are familiar with USB jump drives as a device for storing documents, programs, photographs and more. In September 2004 and 2005, Samford USB drives were given to new students. The following are a few tips that may be helpful to students:

It may be helpful to rename the USB. Right click on the drive, and choose rename.

Then type in your name and click off to the side. To see the contents of the USB drive, double click on the drive.

Portable Web Browser

A cool use for a USB jump drive is the portable web browser. A Firefox portable browser may be downloaded at: http://johnhaller.com/jh/mozilla/portable%5Ffirefox .

Unzip the file and extract it to the USB.

Then run the portablefirefox.exe file from the USB.

The portable Firefox browser will keep favorite places that can be opened on different computers. History is not kept nor are web pages cached.

Removing the USB Drive.

It is important to know the correct way to remove a USB drive as there is a risk of damaging or losing data if the USB is simply pulled from the connector.

In the System Tray of the computer (bottom right corner, near the clock), a USB icon will appear when a USB drive is connected.

The icon looks like a green arrow.

Left click on the USB icon and a pop-up box will appear. Then left click on the correct USB device to remove.

A new pop-up will appear stating that the device may be safely removed.

For help with any of the above or other USB questions, please contact Grace Simms, Computer Services Librarian, at extension 2687 or glsimms@samford.edu.

Legal treatises are books that summarize, analyze, explain, or otherwise comment on the law. To find treatises, search the online library catalog (http://library.samford.edu/gateway01/english) by title, author, subject, keyword, and more. The following titles are only a sampling of the books in Cumberland Law Library’s collection. Nonetheless, these resources may provide a good starting point for research in the subjects listed. Unless otherwise specified, the books are on the Second Floor shelved in call number order. Be sure to look for pocket-parts, supplements, or the latest edition. For treatises specifically on Alabama law, see Overview of Alabama Legal Treatises (http://lawlib.samford.edu/reference/overview.html) by Ed Craig. Ask a reference librarian for help if needed.

Bankruptcy

Collier, William Miller. COLLIER ON BANKRUPTCY. 15th ed. rev. KF1524/.C6/1996.

Norton, William L. Jr. NORTON BANKRUPTCY LAW AND PRACTICE. 2nd ed. KF1524/.N67.

Class Actions

Conte, Alba and Newberg, Herbert B. NEWBERG ON CLASS ACTIONS. 4th ed. KF8896/.N4/2002.

Constitutional Law

Rotunda, Ronald D. and Nowak, John E. TREATISE ON CONSTITUTIONAL LAW : SUBSTANCE AND PROCEDURE. 3rd ed. KF4550/.R63/1999.

Contracts

Corbin, Arthur L. CORBIN ON CONTRACTS. Rev. ed. KF801/.C6/1993.

Farnsworth, E. Allan. FARNSWORTH ON CONTRACTS. 3rd ed. KF801/.F37/2004.

Williston, Samuel. A TREATISE ON THE LAW OF CONTRACTS. 4th ed. KF801/.W5/1990.

Corporations

Fletcher, William Meade. CYCLOPEDIA OF THE LAW OF PRIVATE CORPORATIONS. Rev. and permanent ed. KF1384/.F55.

Criminal Law

LaFave, Wayne R. SEARCH AND SEIZURE : A TREATISE ON THE FOURTH AMENDMENT. 4th ed. KF9630/.L26/2004.

Wharton, Francis. WHARTON'S CRIMINAL LAW. 15th ed. KF9219/.W43/1993.

Eminent Domain

Nichols, Phillip. NICHOLS ON EMINENT DOMAIN. Rev. 3rd ed. KF5599/.N5.

Employment Law

Larson, Arthur and Larson, Lex K. LARSON’S WORKERS’ COMPENSA- TION LAW. KF3613.4/.L3.

Larson, Lex K. EMPLOYMENT DISCRIMINATION. 2nd ed. KF3464/.L3/1994.

Environmental Law

Grad, Frank P. TREATISE ON ENVIRONMENTAL LAW. KF3775/.G7.

Rodgers, William. ENVIRONMENTAL LAW. KF3812/.R63.

Evidence

McCormick, Charles Tilford. MCCORMICK ON EVIDENCE. 5th ed., Practitioner Treatise Series. KF8935/.M29/1999/Reference.

Mueller, Christopher B. and Kirkpatrick, Laird C. FEDERAL EVIDENCE. 2nd ed. KF8935/.L68/1994/Reference.

Weinstein, Jack B. WEINSTEIN'S FEDERAL EVIDENCE. 2nd ed. KF8935/.W39/1997/Reference.

Federal Procedure (Civil and Criminal)

Moore, James. MOORE'S FEDERAL PRACTICE. 3rd ed. KF8820/.A313/M63/1997/Reference.

Wright, Charles Alan. FEDERAL PRACTICE AND PROCEDURE. KF9619/.W7/Reference and Treatises.

Insurance

Holmes, Eric M. HOLMES' APPLEMAN ON INSURANCE. 2nd ed. KF1164/.A92/1996.

Russ, Lee R. COUCH ON INSURANCE 3rd ed. KF1159.5/.C62/1995.

Real Property

Powell, Richard Roy Belden. THE LAW OF REAL PROPERTY. KF570/.P6.

THOMPSON ON REAL PROPERTY. Thomas ed. and 2nd Thomas ed. KF570/.T46/1994.

Torts

Speiser, Stuart M. THE AMERICAN LAW OF TORTS. KF1250/.S568.

Trusts

Bogert, George Gleason. THE LAW OF TRUSTS AND TRUSTEES. KF730/.B63 (2nd ed. rev.) and KF730/.B63/2000 (3rd ed.).

Uniform Commercial Code

Anderson, Ronald Aberdeen. LAWRENCE’S ANDERSON ON THE UNIFORM COMMERCIAL CODE. 3rd ed. KF879.514/.A53/1981.

White, James J. and Summers, Robert S. UNIFORM COMMERCIAL CODE. KF890/.W45/1995 (4th ed.) and KF890/.W45/2002/Reference (5th ed.).

OCLC Online Computer Library Center, Inc., located in Dublin, Ohio was created in 1971 as an idea for libraries in the Ohio area to share cataloging information from one central electronic database. Today, Beeson Law Library, along with libraries around the world, use OCLC for shared cataloging and interlibrary loans. On August 12, 2005, WorldCat, the name of the online union catalog, added the one billionth book to the database. The title of the book entered was The Monkees: The Day-by-day Story of the 60s TV Pop Sensation. This record was entered at 2:21 p.m. (EDT) on Thursday, August 11 by a cataloger at Worthington Libraries in Ohio. Information about WorldCat, the world’s largest bibliographic database can be found at: http://www.oclc.org/worldcat.

One more issue of CHECK IT OUTwill be published this semester. If you have any ideas or suggestions as to ways we can improve, contact: Becky Hutto at rmhutto@samford.edu.