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FCIL Research Tips for Biddle Librarians

... or What to Do When Gabriela Is Not Around

Formulating a Research Plan

Because FCIL research is new and scary ground for most patrons, I always emphasize the importance of coming up with a good research plan as a first step, rather than diving head-first into finding "the law".  Helping the patron write up a quick plan makes them feel more in control of the process, and also encourages them to perform essential steps they'd otherwise be tempted to skip.  

Here is the basic outline I ask them to think about:

1. Understanding the Jurisdiction or Subject Area -- If they don't already know the jurisdiction or topic well, they really should start with an overview of the legal system, a basic treatise on the subject, or a reference work to get a basic understanding of the institutions, terms and concepts.  This is also a good time for them to consult research guides and manuals to get a grip on FCIL research fundamentals. 

2. Evaluating What Information Will Meet the Need -- The reality of FCIL research is that patrons used to the all-access, fully-edited, Google-like Westlaw/Lexis/Bloomberg universe of US law will frequently be disappointed.  Researching UK law is relatively similar to US research and a lot of it can be done on familiar platforms, but for most of the world, patrons will only rarely be able to use full-access databases to find the current law, in English translation, with helpful annotations, plus links to key cases (assuming case law is even relevant in that jurisdiction).  An important part of the FCIL research process is recognizing that reality, managing expectations, and being honest about whether a recent summary from a solid journal article or looseleaf treatise will be "good enough" for the purpose.

3. Consulting Secondary Sources First -- Everything that's true about starting with secondary sources for US legal research is triply true for FCIL. Secondary sources will not only give the patron the necessary context for understanding the topic; it should also give them citations to the primary material.  It's much easier to locate the law if the patron has the full name of the legislation and its cite in the official gazette, the case number and reporter volume/page number, or whatever identifying information they can turn up besides "the law my professor thinks Germany passed about shareholder protections".

4. Identifying the Sources for the Primary Material -- Non-US primary material can be pretty much anywhere, from Westlaw/Lexis for some countries to stand-alone databases for others to open-access websites like the United Nations or one of the LIIs.  A lot of time and frustration can be saved by first figuring out where to go and how to navigate once you get there.  There are many resources to help with this step, from the research guides already mentioned to the Foreign Law Guide database to "phoning a friend", which brings us to...

5. Getting Help as Needed -- Patrons will generally need more help than they would for straightforward US questions, and will probably need to come back at several points in their research process.  For example, after the patron has completed a good search of the secondary sources and come out with citations to primary law, they may need training on a specialized database or guidance on how to use the materials in print. Reassure the patron that this is normal, and encourage them to come back to the Reference Desk, email me, or reach out to the even more expert librarians at the UN Library or the Law Library of Congress, at every point they feel stuck or need more help using the resources.   

Finding Some Good Secondary Sources

1. If the patron doesn't already know how, show them how to search Catalog, Franklin, and if necessary, OCLC WorldCat for books on the subject.

2. For journal articles, I like to show the patron how to use both Index to Legal Periodicals and Index to Foreign Legal Periodicals, because they return a more relevant, manageable result set than keyword searching in Westlaw/Lexis, and they complement each other to cover most of the world.   ILP does a good job of covering the international law journals from all over plus major journals from the English-speaking jurisdictions, while IFLP covers major journals from everywhere else, plus chapters in certain classes of monographs.  This is also a good opportunity to show the student how to find PDFs using the "PennText" feature, or to search for journals in print by title.

  • Note: some jurisdictions are better covered in alternate sources, including print indexes, e.g.  Index to Indian Legal Periodicals.
  • I also like to show the patron how to search for articles in related disciplines, e.g. international relations or business, since publication volumes and speeds are generally better than in the law literature, so they may be able to find what they need (including cites to primary law) that way.

3. Compiled bibliographies, such as Oxford Bibliographies or the Szladits guides (now on Hein in the Parker library) can be useful if you're striking out with the above or need to find the "leading" titles.

4. Especially in areas like human rights, environmental law, and international economic law, the best (sometimes only!) current sources may be reports by governmental or international agencies like the US State Department and OECD, non-governmental groups like Amnesty International and Human Rights Watch, and advocacy groups like the International Chamber of Commerce,  Many of these will turn up through basic Google or OCLC searches, but sometimes it's fastest just to identify the leading organization and go straight to their website.