Advanced Legal Research

Despite the name, you may want to use secondary sources first.

There are many different reasons to use secondary sources. Your specific research task will determine the type of resource you want to consult and how you should go about accessing it. 

Below, there is information about the many different types of secondary sources. You will want to think about the type of information a specific secondary source will provide, as well as the easiest way to locate said secondary source.  

Using secondary sources is almost always part of a bigger research task. Before diving in, ask yourself:

1.  What do I ultimately need to find? What type of secondary resource will best provide this type of information? 
2. What is the fastest, most efficient way to find the information I need within that type of resource? 

You will primarily be interacting with these secondary sources online. We generally recommend that you narrow down to a particular source or title, and then search or browse within that source. But there are some other ways you might find a secondary source that is relevant for your purposes: 

1. From a case or statute that you already have. Looking at the citing references of primary law can be a very quick and effective way to locate resources on point. 
2. Searching secondary sources databases generally. Both Lexis and Westlaw allow you to search all the secondary sources. You may want to do an advanced search, to narrow down to sources that just contain your keyword in a title or heading, or to do other terms-and-connector searching. We usually recommend against doing such a broad search to begin with --instead you should identify what types of secondary sources are the best place to start and narrow down accordingly-- but it can be useful if you have not had any success and just want to see if there is anything out there that is helpful. 

When are legal dictionaries useful?

Legal dictionaries can be very useful for determining the meaning of a word. They also with provide citations to seminal cases, keynumbers, and other references. Legal dictionaries can also be very helpful for foreign legal research, to explain unfamiliar terms.

How do you locate legal dictionaries?

Print legal dictionaries will generally be available in the reference section of a law library. To determine what titles a library has, you can search its catalog. Here are some examples of the legal dictionaries the Biddle Law Library has, via LOLA (the law library catalog). 

There are also several online options. Below are some of the more popular and well-regarded legal dictionaries. 

How do you navigate legal dictionaries?

Legal dictionaries function much like any other dictionaries. Either locate your term alphabetically via browsing or, if using the source electronically, search for your term. 

When are encyclopedias useful?

Encyclopedias are excellent resources when you know very little about the area of law you are dealing with, and you want to get the basics down first. They are also great for providing background information, and for identifying many of the key issues in a particular area of law. State encyclopedias are often heavily relied on by practicing attorneys and judges within that jurisdiction. 

How do you locate legal encyclopedias?

Encyclopedias generally have the word "encyclopedia" or "jurisprudence" in their title. Searching these words in a law library catalog should lead you to all the encyclopedias available. 

Reputable state encyclopedias should be listed on state legal research guides. You can also find state encyclopedias by browsing in Lexis or Westlaw. Go to your chosen jurisdiction, then scroll down to Secondary Sources and look for titles containing "jurisprudence" or "encyclopedia". The most popular titles will be listed first. (Note: not every state has an encyclopedia.)

National encyclopedias can be located in much the same way. But it's also worth knowing the names of the two most well known national encyclopedias: 

How do you navigate legal encyclopedias?

Encyclopedias may be navigated via their alphabetical indexes (provided at the front of physical copies or by clicking on the title in Lexis or Westlaw). They may also be searched online. 

When are American Law Reports useful?

American Law Reports (or "ALRs") are usually extensive annotations regarding a particular issue where courts are either undecided or different jurisdictions disagree. This means that they are invaluable resources if you are looking for case law (and statutory law!) from different jurisdictions. They tend to be well organized and extensive in their citations. 

The downsides? ALRs are not automatically updated, which means that you need to check when they were published, and update any case law you find. They are also not comprehensive; there is no guarantee there will be an ALR on point. 

How do you locate American Law Reports?

Both Lexis and Westlaw have them. 

How do you navigate American Law Reports?

In both Lexis and Westlaw, you can search them. In Westlaw, you can also use the index, which can be very helpful in directing you to all the relevant ALRs on or close to your topic. 

When are treatises useful?

You may want to locate a treatise when you know what area of law you are concerned with, and have a pretty good idea of what your issue is. Treatises provide comprehensive, in-depth examinations of a particular area of law (e.g., criminal procedure). Treatises are also great sources for useful citations. 

How do you locate relevant treatises?

Often there is one (or a couple) preeminent treatise in your area of law. For example, Wright & Miller for federal practice or Nimmer for copyright. A good legal research guide should provide the titles of any important treatises. You might also try the Georgetown Legal Treatise Finder. 

Lexis and Westlaw will also direct you to key treatises if you browse by subject/practice area.  

Treatises are also findable via the law library catalog. Search your subject in LOLA. For more information on locating books via the law library catalog, see the box below. 

How do you navigate treatises?

Treatises commonly have the following access points: 

1. A table of contents. Treatises are well organized. Browsing the TOC can be an easy way to locate the section you are concerned with. Additionally, if you locate a relevant section, you will want to check out the sections surrounding it. 

2. An index. In print, this would be in the back of the book or the last volume of the set. The index is the alphabetical listing of all the topics covered by the treatise. Online, an index will direct you to all the relevant sections of the title. 

3. Search. Using advanced search to locate the sections of the treatise that contain your keywords can be a quick and efficient way to find relevant sections. Just remember that, when you search, you are searching each treatise section independently and treat your search accordingly. You may not want to create an overly elaborate search involving multiple issues or factors. Instead, focus on searching for just the key term and narrowing down from there. For example, if you are researching copyright and are interested in originality in a collective work of literary fiction, you might search originality and literary fiction separately in Nimmer, in order to locate all relevant sections. 

When are practice materials useful?

As the name implies, practice materials are designed to help practicing attorneys quickly and efficiently research. These sources are often organized into the following types of materials: 

1. Practice notes or articles. These address specific issues and discuss any relevant primary law. 
2. Drafting materials. These include standard, fill-in-the-blanks, forms, as well as guidance related to the drafting. 
3. Checklists. These are often a list of everything an attorney should do before taking a particular step (e.g., filing a complaint, etc.). 
4.  Appendix material. These include charts and tables of relevant cases and other primary law and additional sample forms. 
5. Sometimes practice resources will also provide legal news or updates on recent developments in the field. 

Practice materials are usually frequently updated. 

How do you locate practice materials?

When relevant, practice titles will be provided in a legal research guide. Often, the word "practice" is in the title.

Additionally, Lexis, Westlaw, and Bloomberg are constantly developing their practice pages. You can browse by Practice Area to locate relevant pages. You may also want to check out the following:

How do you navigate practice materials?

First, remember that practice materials usually contain the materials listed above. You will want to identify which type of material you are looking for, and then narrow down accordingly. Different titles are organized differently. For example, Bloomberg BNA Portfolios provide a wealth of information, but you have to expand them out, and look at both the "Detailed Analysis" section and the "Practice Tools" section. 

The best way to navigate practice materials is through a combination of browse and search. 

When are CLE and Bar Association materials useful?

Continuing Legal Education (CLE) materials can be wonderful sources of information that might not otherwise be included in a treatise, practice guide, law review, or ALR annotation. They are often very jurisdictionally specific. Use them if you are looking for guidance or analysis on a specific practical matter (e.g., a landlord tenant dispute in Pennsylvania), attorney ethics, or a recent development in the law. 

How do you locate CLE and Bar Association materials? 

The major databases (Lexis, Westlaw, and Bloomberg) all have some CLE materials. Once you are a practicing attorney you will have access to some of the titles via your bar association. You will want to identify the lead publisher of the materials most relevant to you. For example, one of the big publishers of national materials is PLI (the Practising Law Institute). But if you are working in Pennsylvania, you may be most concerned with titles from the Pennsylvania Bar Institute. 

You can often locate bar association or CLE materials from their websites (often Googling the issue + CLE or the jurisdiction's bar association is effective, or narrowing to a particular filetype, such as pptx or pdf). However, many times these are behind paywalls. 

When is legal scholarship useful?

If you are writing a research paper, locating legal scholarship is an imperative part of the process. If you are researching a practical matter, it can give you a better understanding of the issue, and provide some of the important primary law. 

Legal scholarship is usually one of the following: 

1. A law review/journal article. This may be written by a law professor or a practicing attorney. Law journals also publish student notes or comments. Sometimes law students or non-legal academics also publish law review articles. Unlike many other disciplines, most legal journals are student-run. 
2. A book. 
3. A blog post or expert analysis piece. Law reviews and legal news publishers will publish articles about specific issues. These are generally shorter than the standard law review piece, and published with a quicker turnaround time (and therefore more timely). 

How do you locate legal scholarship? 

There are many different ways to locate scholarship related to your subject. You can do full text searching in Lexis, Westlaw, Google Scholar, or the library catalog.  If you are doing that, you might try searching specific fields in an advanced search. This will allow you to search for articles with specific words in the title or summary, or by a certain other. 

RECOMMENDED: One quick and efficient way to locate scholarship relevant to your issue is via a legal scholarship index. These pull from law reviews, books, legal news, bar journals, etc. They allow you to search by subject, as well as title, author, etc. 

If you are searching for a book or a specific title, see the box below. 

When are current awareness tools useful?

These resources are useful when you are looking for:

1. Information about a very recent development in the law; 
2. News about particular attorneys, clients, judges, etc.; 
3. More informal, current academic discussions.
4. Guidance and insight on particular issues (Certain areas of law have particularly robust news and online offerings.). 

How do you locate current awareness tools?

A subject-specific legal research guide will often list any especially important current awareness tools, such as blogs. 

You might also just want to ask the people around you. For example, ask attorneys in Philadelphia what they read. They'll likely point you toward the Legal Intelligencer.

How do you navigate these tools?

The search functionality of these resources varies. If it is a website, you can often do a better search by using Google: search your terms + inurl:. If the resource is available via Bloomberg, Lexis, or Westlaw, take advantage of their more advanced search functions, to locate what you are looking for. You might also want to sign up for email newsletter updates. 

Here are some of the more popular links for current awareness:

When are Congressional Research Service reports useful?

CRS reports often provide clear, concise explanations of complicated issues, with excellent citations to relevant primary law, statistics, news, and scholarship. Intended to inform Congress, these reports are great places to start if you are trying to understand the framework of a particular program or policy. It never hurts to see if there is a CRS Report on your subject. If there is, it should cite to and explain the relevant statutes, along with any major cases that have recently changed the law (e.g., recent Supreme Court cases). CRS reports also address key administrative agency actions, where appropriate, and international agreements.  

How do you locate CRS Reports?

Try the following:

When you have been tasked with locating a specific title, whether in print or an electronic form, the fastest way to find it is likely by using a library catalog (LOLA, Franklin, Worldcat). You might also try certain online resources, when appropriate, such as Google Books, the HathiTrust, and Amazon.