Secondary sources are those legal materials which provide commentary, explanation and analysis of primary law (court and agency decisions, statutes, and regulations) in various formats and levels of authoritativeness. Librarians and legal research instructors alike recommend using secondary sources to begin research of a legal problem to gain the necessary background information to effectively understand a topic’s primary law and the issues surrounding it. In other words, why not use a legal commentator’s concise research on your topic, rather than reinvent the wheel?

In deciding what secondary sources to use, there are some general rules to consider.1 If your issue is jurisdiction specific, you may want to determine whether there is a treatise or law journal article that covers your topic from the perspective of that jurisdiction. As an example, while the first treatise that comes to mind on the law of torts may be The Law of Torts by William L. Prosser and W. Page Keeton, KF1250/.P7/1984b (Reserve), a tort question within the Alabama jurisdiction may be more easily answered by Alabama Tort Law, 4th ed., by Michael L. Roberts and Gregory Cusimano, KFA195/.R65/2004 (Reference). An article or book that discusses the state of the law in the form of a general, national overview may be less informative with respect to your specific jurisdiction’s law.2

Another consideration in choosing secondary sources is how specific the title is to your topic. A subject specific treatise (particularly a multi-volume set) or article will more likely cover the intricate details of issues surrounding your topic, as well as provide citations to the primary law that affects your subject matter.

Another issue which you may want to consider in choosing a secondary source is its authoritativeness; while this may be a lesser consideration in beginning the research process, it may be a prime factor later when looking for secondary sources to cite as persuasive authority in court briefs. Charles R. Calleros, in Legal Method and Writing, 4th ed. KF250/.C34/2002 (Reference), gives a good general rule in using secondary sources before the court. He states that unless a court has expressly adopted the point of view of a secondary source, such as a rule enunciated in a Restatement, or “has already incorporated the content of a secondary authority into its primary authority, you should use secondary authority only as a starting point in your analysis.”3 He goes on to say that secondary authority can “help develop an argument not fully addressed or supported by primary authority.”4

Finding Secondary Sources--Getting Started

How do you proceed to find appropriate secondary sources? It really depends upon what information you already have. If you have a code provision, it is quite common for that code’s editors to cite to secondary sources in the code section’s annotations. The “style of the case” (case name) in an appellate court decision can be used as a keyword phrase in periodical indices (see discussion below of LegalTrac) to find articles on point. If it is a famous case, you might try searching the online library catalog with that keyword phrase to find a treatise about the case.

If you have no primary law, a law review or journal article is a good place to start. If a recent, on point article can be found, you may already have the means of understanding the basic concepts of the topic. Within a relatively short essay, a law review article can discuss the important case law, statutes, and side issues involving a topic. It will also likely provide footnotes listing other important secondary sources for the topic. Just as important, the reader will typically find concept terminology unique to that legal topic which can be used later to refine your research queries in CALR databases (such as Lexis and Westlaw) for more secondary sources or primary law.

Good Online Options for Finding Law Review Articles On Point

A good place to begin to find a law review article on point is the LegalTrac database, available by clicking on “Research Aids” on the Law Library homepage at http://lawlib.samford.edu and then selecting “LegalTrac Online” (off campus, this can only be done by entering the Samford portal first). This database indexes most law reviews and journals for the United States and many journals from British Commonwealth nations back to 1980. LegalTrac, in most instances, is solely an index which will provide citation information to allow you to go to the shelf and find the needed article in print within the periodical collection on Lower Level. LegalTrac is also available on Lexis and Westlaw as Legal Resource Index (LRI on Westlaw, LAWREV;LGLIND on Lexis).

If your research involves issues prior to 1980, a title field search of the Law Journal Library of HeinOnline (also to be found by clicking on the “Research Aids” tab of the Law Library homepage) is an excellent option. This database service devotes most of it energies to adding older volumes of law periodicals to its online collection, though there are many instances where it holds the most current issue of a publication. Unlike LegalTrac, HeinOnline is a full-text service that actually displays a digital image of the printed pages of articles found.

Westlaw and Lexis

The two best known legal database services, Lexis and Westlaw, have large law periodical databases, though there are substantial gaps in coverage, particularly with respect to pre-1990 issues. As a result, if you are examining an issue with a significant chronological history which needs to be researched, Lexis and Westlaw may be less effective than a database such as HeinOnline.

In the next issue: More secondary sources for beginning your legal research and how to find them.

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1 LexisNexis, Secondary Sources for Legal Research in Lessons for Legal Research: a Manual for Instructors, (LexisNexis, 2002).

2 At the same time, a general overview found in a legal encyclopedia such as American Jurisprudence, 2nd or Corpus Juris Secundum may be a good preliminary step to determine the issues involved with the topic and the keyword terms which relate to it.

3 Charles R. Calleros, Legal Method and Writing 80 (4th ed. 2002).

4 Id. at 80.

Source: :-) Turns 25, Posted Online at http://www.cnn.com (September 18, 2007).

Many federal government agencies offer timely and trustworthy information free on the Web. For a convenient link to agency web sites, bookmark the directory at http://www.lib.lsu.edu/gov/fedgov.html. The directory is a partnership of Louisiana State University and the Federal Depository Library Program. The database lists current federal agencies as compiled in the United States Government Manual, the official handbook of the federal government. Users may search by keyword or phrase using basic Boolean connectors (AND, OR). Alternatively, browse the directory alphabetically, by hierarchy within the governmental structure, or by category (executive, legislative, judicial, and more).

A book review by Professor Denning is in the latest issue of the Law Library Journal [Vol. 99, No. 3, Summer 2007]. The title of the book he reviewed is The Birth of the Modern Constitution: the United States Supreme Court, 1941-1953 by William M. Wiecek. Currently, the review is posted on the web at http://www.aallnet.org/products/pub_llj_v99n03/2007-36.pdf and the book is in the Law Library, Second Floor - KF8742/.A45/H55/v.12.

At times, free information on the Web can be invaluable to legal researchers. One problem, however, is sorting through myriad hits for one elusive gem. Increase your odds for efficient Web searching by using Westlaw’s WebPlus. Access this service at http://lawschool.westlaw.com. After logging in with your Westlaw password, look for the box labeled “Search the Web.”

Use WebPlus to harness the power of human experts rather than relying on computer-generated results. West editors review and select the most relevant Web sites for legal information. For example, a search on Google for “alien asylum” returns roughly two million hits, mostly about a video game with aliens from outer space. In contrast, a WebPlus search for “alien asylum” results in roughly two hundred hits focused primarily on immigration law.

Initially, users may specify a search in six categories: legal issue, person, company, government entity, other organization, news, or general Web information. After that, options to filter by subject, domain, or file format may further narrow the field. WebPlus is not a substitute for Westlaw, Lexis, or print materials. Nonetheless, it is a welcome complement to traditional legal resources.

Law school professors and other scholars may benefit from the wealth of information from the Legal Scholarship Blog at http://legalscholarshipblog.com. A service of two law schools (the University of Pittsburgh and the University of Washington), the site posts information on conferences, workshops, and calls for papers. The blog is equally valuable to professors wishing to attend events and organizers wishing to publicize them. To encourage scholarly publication, many U.S. law schools have appointed associate deans for faculty research. A link at the top of the website leads to “Research Dean Resources” including information on journal submission policies, citation analysis, and more. Another link for “Teaching Resources” offers advice to aspiring law professors. Toward the bottom of the web page, the site features an Event Calendar, a search box, and links by category.

Do you have a white or black MacBook? Are you having trouble removing fingerprints and dirt? The easiest and best way is to use Mr. Clean Magic Eraser.

First – shutdown your MacBook and unplug it. I suggest removing the battery too.

Use canned air around the keys to blow away any debris.

Be sure that you have a plain, white Mr. Clean Magic Eraser. You will need to dampen the eraser. Be sure to wring out any excess water.

The wrist rest areas can be cleaned with the eraser. I can’t say it enough -- be very careful to not get liquid in your computer.

You can try a wrist rest shield or keyboard skin as discussed at http://www.shieldzone.com/item_description/APBK13WR.html.

For the screen, use a cleaning kit like iKlear described at http://www.klearscreen.com.

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