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In addition to the resources
provided electronically through the Library's databases, the following
information is provided as a resource to assist the legal research student.
Citation Forms:
Introduction to Basic Legal Citation (LII 2003 ed.) by Peter W. Martin
This style manual is maintained online by the Legal
information Institute at Cornell University.
The
Publication Manual of the American Psychological Association, 5th ed., advises
its adherents that, "Legal periodicals and APA journals differ in the placement
and format of references. The main difference is that legal periodicals cite
references in footnotes, whereas APA journals locate all references, including
references to legal materials, in the reference list.... For more information
on preparing these and other kinds of legal references, consult the latest
edition of The Bluebook: A Uniform System of Citation (17th ed.,
2000).... (APA Manual, page 397).
While
the APA has adopted the reference style of not using footnotes, it is clear that
the association has chosen to adhere to the citation style of the Bluebook. The
Bluebook is available in the Library at the Reference Desk (KF245 .B58).
Similarly, the Modern
Language Association, in its Handbook for Writers of Research Papers, recommends
the use of the Bluebook: "The citation of legal documents and case law may be
complicated. If your paper requires many such references, consult the most
recent edition of The Blue Book: A Uniform System of Citation (Cambridge:
Harvard Law Rev. Assn.), an indispensable guide in this field." (6th ed., page
206).
Primary
Sources:
Federal:
Constitution:
U.S. House of
Representatives
This copy of the
Constitution presents the text of the document as it stands, and the reader must
use care to heed the footnotes so as not to miss any amended language that may
be pertinent.
Findlaw
The
annotations contained at this site are excellent comments for the constitutional
student to understand the application and interpretation of this document.
Legal Information Institute
This text of the
Constitution is most helpful for the reason that the amended text of the
original document is hyperlinked to the amending language of the amendments.
Numerous other sites
containing the text of the Constitution can be found using only a cursory search
of the web. The usefulness of these site for the student's needs is left for
the student to evaluate.
Statutes:
Government Printing Office
Legal Information Institute
Again, numerous other
sites for accessing the text of the United States Code exist, but many of them
require the user to search for the code section by Title and Section, rather
than permitting the user to traverse the language of the statutes in the quest
for enlightenment. See, for example, the page maintained by the
House of Representatives
that permits the user to search for words or to search by title and section.
Regulations:
Government Printing Office
Legal Information Institute
These
two sites are similar in their approach to searching as their statutory
counterparts listed above. It is important to note that the publication
schedule of the CFR is such that reliance on it for the current language of a
particular regulation may leave the user somewhat surprised or embarrassed when
the opposing side in a dispute cites the most current language of the rule. For
that reason, it is always important to check the language for any updates by
looking to the Federal Register
Cases:
Several
sources list public access to court decisions.
Washburn University maintains a list of
links to various federal and state court decisions. The web sites of teh
various federal courts are improving, but they do not all provide the same
functionality for case searching. The
Federal Judicial Center
maintains a page with links to all of the Circuit Courts.
A pay
for service site is maintained by the Federal Courts as
Public Access to Electronic Court
Records - PACER. This site will permit the user to access docketing
information and case documents either through the internet or dial-up. While
the access provided is not free, it is still relatively inexpensive, although
registration is required - last minute, spur of the moment research is not
possible, unless of course, the user has a PACER account.
Legal Information Institute
The information
contained on this site is excellent in its scope and usefulness. It permits the
user to readily find current and historical decisions of the Court as well as to
find opinions, whether majority, concurring, or dissent, by a specific Justice.
It also maintains a link for the user to access briefs filed with the Court
through
Findlaw.
Treaties:
Treaties
in Force
A list
maintained by the State Department of the international treaties in effect prior
to January 20, 2001. The site is not updated, so resort to a current print
version may be required. Also, the site makes no pretense at representing
treaties between the United States and the various Indian tribes.
State:
The availability of
state legal materials on the web is spotty, at best. The major exception to
this is Oklahoma, where the
Oklahoma State Courts
Network permits the user to search the appellate cases since before
statehood and the language of the statutes. An excellent resource if you happen
to be lucky enough to be searching for an issue of Oklahoma law. For other
states, the site of first resort should be
Washburn University.
Legislative History and Intent:
Federal:
Numerous sources exist to assist the student discern the intent of federal
legislation. Most of these resources are either in print or in fee-based
databases such as LexisNexis or Westlaw. In print, the student should consider
U.S. Code Congressional and Administrative News (KF48 .W45) for major
legislation. For other legislation (and for more comprehensive research of
major legislation, various committee reports can be found by looking through the
Congressional Record for the committee report references, and then looking up
those references directly in the library's collection of government documents.
State:
Not all states maintain
a full record of legislative committee reports. It all seems to be a question
of cost/benefit. However, if you are searching for legislative history or
intent relating to Texas statutes, you should consider the
Legislative Reference Library
of Texas. Additionally, an excellent resource for outlining how such
research should be conducted is maintained by
Southern Methodist
University.
If you are unable to find the legal materials you
need, you are encouraged to consult the Law Librarian.
The legal collection at
the University of Texas at El Paso is provided primarily as an educational
component for the faculty and students of this institution. Other faculty and
students in the community, and community patrons generally, are welcome to use
our collection for their needs. Our reference staff can help you use the
collection, but we cannot do legal research for you. If you need to find out
what the law is, we encourage you to come to the library and look it up. When
you come in, we can show you where the collection is located, and how to use the
indexes, but you are responsible for your own research. If you find a law or
case that is not clear to you, we will not interpret it or explain it to you.
We will however, refer you to dictionaries or other sources that might help you
interpret it. We have this policy for several reasons:
