SYLLABUS ADVANCED LEGAL RESEARCH LEGAL RESEARCH WORKSHOP Course: LAW Course Number 837 Section Number 511 UNIVERSITY OF BALTIMORE SCHOOL OF LAW FALL 2016 Instructor: NAME: Adeen Postar CONTACT INFORMATION: Office: Room 829, Law Library Email: apostar@ubalt.edu Office Phone: 410-837-4562 Home Phone: 301-564-4516 Cell Phone: 301-651-6440 Office Hours Drop In (you are strongly advised to email me to make an appointment), Room 829 Location: Room 912, Law Library Time: Thursday 10:30 to 12:20 Course Description: This workshop offers an in-depth look at research methods and resources. Topics include: designing a research strategy; research in judicial, legislative and executive materials, both federal and state; extensive coverage of secondary and non-legal resources. Students will produce a comprehensive research memorandum Course Materials: Please see the syllabus for specific readings. There is no assigned text for this class. Student Learning Outcomes: 1. Identify legal research sources specific to topical areas of law. 2. Locate primary and secondary legal research sources in print and online formats. 3. Evaluate the relative authority and value of these sources. 4. Develop an efficient research strategy that takes into account available information sources and the financial constraints of the client. 5. Analyze a complex legal issue or topic using appropriate primary and secondary legal authority. Your grade is based on the following criteria: Pathfinder 50% Class Presentation of the Pathfinder 10% In-depth Research Problem 25% Attendance and Participation 15% There are several CALI Lessons required throughout the class. Completion of these lessons goes towards the time and attendance portion of your grade, as do in-class assignments, including the Agency Wonderland presentation and in-class exercises. Please post your CALI completion certificates to the appropriate place on the class TWEN webpage.
Course Expectations: This course will provide you with techniques and skills for research that are essential to legal practice, clerking, Research Assistant assignments, and research for law review notes, comments and seminar papers. The nature of the topic means that it will be a hands-on and experiential learning class; it may not be appropriate for you if you prefer a class structured on class readings and a final exam. We will use problems, exercises, presentations and a written pathfinder to enhance your knowledge of the process of legal research. We will explore many topical areas of legal practice in detail, and identify the best, most authoritative and most cost-effective research sources and strategies appropriate to the practice area. Each student must complete a pathfinder, which is the primary and core work for this class. The pathfinder is a detailed, annotated analysis of the primary and secondary research resources available for your topic and the best strategies for researching the topic. With input from Professor Postar, you can write the pathfinder on the topic of your choice. Your final grade will be determined by your grade on the pathfinder, its presentation, and class participation through the completion of problems, exercises, readings and a diagnostic quiz. There is a 15 page minimum length requirement for the pathfinder. Students may opt to write the pathfinder to satisfy their upper level writing requirement; to do so requires a paper that is at least 25 pages in length, with footnotes and hold regular meetings with Professor Postar. We will discuss the pathfinder at length at the first class meeting. Examples of successful pathfinders are available on reserve at the circulation desk and a detailed explanation and guide for writing the pathfinder is available on the class TWEN webpage. Attendance: Class attendance is a primary obligation of each student whose right to continued enrollment in the course and to take the examination is conditioned upon a record of attendance satisfactory to the professor. A student who exceeds the maximum allowed absences (generally 20% of class sessions) as illustrated below may be compelled to withdraw from the course, or may be barred from sitting for the final exam. Students who are forced to withdraw for exceeding the allowed absences may receive a grade of FA (failure due to excessive absence). This policy is consistent with American Bar Association Standards for Law Schools. Regular Semester Hours Credit Hours Meetings Per Week 1 2 2 2 absences 5 absences 3 2 absences 5 absences 4 -- 5 absences Course Website: This course has a TWEN page that links to this syllabus, announcements, the class assignments, and other class materials. You are responsible for self-enrolling in the TWEN page and for checking it regularly for course information. Computers: Students must use laptop computers for class related purposes. Class Cancellation: In the event of a class cancellation, notices will be sent to you via email and posted on the classroom door. If there is inclement weather, visit the University of Baltimore web site or call the University's Snow Closing Line at (410) 837-4201. If the University is open, students should presume that classes are running on the normal schedule. Academic Integrity: Students are obligated to refrain from acts that they know or, under the circumstances, have reason to know will impair the academic integrity of the University and/or School of Law. Violations of academic integrity include, but are not limited to: cheating, plagiarism, misuse of materials, inappropriate communication about exams, use
of unauthorized materials and technology, misrepresentation of any academic matter, including attendance, and impeding the Honor Code process. The School of Law Honor Code and information about the process is available at http://law.ubalt.edu/academics/policiesandprocedures/honor_code/. Title IX Sexual Misconduct and Nondiscrimination Policy: The University of Baltimore s Sexual Misconduct and Nondiscrimination policy is compliant with Federal laws prohibiting discrimination. Title IX requires that faculty, student employees and staff members report to the university any known, learned or rumored incidents of sex discrimination, including sexual harassment, sexual misconduct, stalking on the basis of sex, dating/intimate partner violence or sexual exploitation and/or related experiences or incidents. Policies and procedures related to Title IX and UB s nondiscrimination policies can be found at: http://www.ubalt.edu/titleix. Disability Policy: If you are a student with a documented disability who requires an academic accommodation, please contact Leslie Metzger, Director of Student Services, at 410-837-5623 or lmetzger@ubalt.edu. Class 1: Thursday, August 25, 2016 Introduction to the Course CALI at http://www.cali.org Password BALTUVstu14 What is a pathfinder? Using the pathfinder to satisfy your upper level writing requirement UB Law Library resources Basic Legal Research Skills Preview Presentation Please scan: Winning Research Skills, available at http://lscontent.westlaw.com/images/banner/survivalguide/pdf08/08winningresearchskills.pdf (last visited July 20, 2016). J.D.S. Armstrong & Christopher Knott, Advanced Legal Research: Getting Started, in WHERE THE LAW Is; AN INTRODUCTION TO ADVANCED LEGAL RESEARCH, 4 th ed. (West 2013). Reading Room KF 240.A76 2013 Morris L. Cohn & Kent C. Olson, The Research Process, in LEGAL RESEARCH IN A NUTSHELL, 11 th ed., (West 2013). Reading Room KF 240.C54 2013 Diagnostic Exam Due 6 pm on August 30 Upload to Twen Choose a Pathfinder Topic Due 6 pm on September 15 Upload to Pathfinder Topic Dropbox file on TWEN
Class 2: Thursday, September 1, 2016 Electronic Boot Camp I Review results of diagnostic test Advanced features of Google and Yahoo How to evaluate websites Search logic & search engine So Many Sites in 60 Minutes - Presentation J.D.S. Armstrong & Christopher Knott, Where the Law Is, in WHERE THE LAW Is; AN INTRODUCTION TO ADVANCED LEGAL RESEARCH, 4th ed. (West 2013). Reading Room KF 240.A76 2013 Amy Sloan, Research Flowcharts, in RESEARCHING THE LAW: FINDING WHAT YOU NEED WHEN YOU NEED IT (Aspen 2014). Timothy L. Coggins, Legal, Factual and Other Information in a Digital World, XVIII RICH. J.L. & TECH. 2 (2012). http://jolt.richmond.edu/?m=201207 (last visited July 19, 2016). CALI Lesson: Evaluating Websites LWR 39 Due September 8 upload to TWEN Class 3: Thursday, September 8 Electronic Boot Camp II Cali Lesson: Evaluating Websites LWR 39 Electronic Boot Camp II Guest Speakers: Lexis Advance (Elizabeth Ferrick) and Westlaw (Kyla Stone) Mary Whisner, Jonathan Franklin and Cheryl Nyberg, Online Citators, Gallagher Law Library, University of Washington, available at https://lib.law.washington.edu/content/guides/citators (last visited July 19, 2016). Cleveland-Marshall College of Law Library, Citators Compared, available at http://guides.law.csuohio.edu/content.php?pid=386470&sid=4029167 (last visited July 19, 2016). Carole A. Levitt JD, MLS and Mark Rosch, Are all Citator Services Created Equal? A Comparison of Google Scholar, Fastcase, Casemaker, LexisNexis, WestlawNext, and Bloomberg (2012), available at
http://liblog.law.stanford.edu/wp-content/uploads/2013/01/are-all-citators-created-equal.pdf (last visited July 19, 2016). Class 4: Thursday, September 15 Electronic Boot Camp III Pathfinder Topic (One page description upload to TWEN) by 6 pm BloombergBNA. Liana Rizzi, Guest Speaker Fastcase CaseText Ravel Susan Nevelow Mart and Jeffrey Luftwig, The Case for Curation: The Relevance of Digest and Citator Results in Westlaw and Lexis, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2188541 (last visited July 19, 2016). Dan Dabney, The Universe of Thinkable Thoughts: Literary Warrant and West's Key Number System, 99 Law. Libr. J. 229 (2007) (last visited July 19, 2016). Drake Law School, Bloomberg Law, Lexis Advance and WestlawNext Search Techniques, available at http://libguides.law.drake.edu/lexiswest (last visited July 19, 2016). Cleveland-Marshall College of Law Library, Cost Effective Legal Research, available at http://guides.law.csuohio.edu/cost_effective (last visited July 19, 2016). Cali Lesson: Researching Federal Legislative History (LWR 14) Due September 22 Cali Lesson: Federal Legislative History Research - Compiled Legislative History (LR41) Due September 22 Cali Lesson: Reading Legislative History (LR137) Due September 22 Class 5: Thursday, September 22 General Approaches to Research Strategies/Legislation and Statutory Research Cali Lesson: Federal Legislative History Research - Compiled Legislative History (LR41)
Cali Lesson: Researching Federal Legislative History (LWR 14) Cali Lesson: Reading Legislative History (LR137) Research strategies Cost effective/efficient research Legislative History - Presentation Interpreting Statutes In-class exercise Jane S. Schacter, Text or Consequences, 76 BROOK L. REV. 1007 (2011), available at http://heinonline.org/hol/page?handle=hein.journals/brklr76&id=1013&collection=journals&index= (last visited July 19, 2016). LARRY M. EIG, CONG. RESEARCH SERV., 7-5700/97-589, STATUTORY INTERPRETATION: GENERAL PRINCIPLES AND RECENT TRENDS (2011), available at http://mspbwatch.files.wordpress.com/2013/02/statutory-interpretation-general-principles-and-recenttrends.pdf. (last visited July 19, 2016). J.D.S. Armstrong & Christopher Knott, Legislative History, in WHERE THE LAW Is; AN INTRODUCTION TO ADVANCED LEGAL RESEARCH, 4th ed. (West 2013). Reading Room KF 240.A76 2013 Agency Wonderland Project & Presentation Due September 29 See TWEN for further information on this 5 minute in-class presentation Class 6: Thursday, September 29 Administrative Law Agency Wonderland Project & Presentation - 5 minutes Formal and Informal Rulemaking understanding the process and locating Federal documents Executive publications State administrative documents and municipal ordinances research University of Baltimore School of Law, Administrative Law Research, available at http://law.ubalt.libguides.com/c.php?g=518247 (last visited July 19, 2016).
UCLA School of Law, Hugh and Hazel Darling Law Library, Legal Research: Beyond LexisNexis & Westlaw Local Government Law, available at http://libguides.law.ucla.edu/content.php?pid=34909&sid=256604 (last visited July 19, 2016). UCLA School of Law, Hugh and Hazel Darling Law Library, Federal Administrative Law, available at http://libguides.law.ucla.edu/federaladminlaw (last visited July 19, 2016). University of Maryland School of Law, Thurgood Marshall Law Library, TMLL Research Guide Chapter 9 Maryland Administrative Materials, available at https://www.law.umaryland.edu/marshall/researchguides/tmllguide/chapter6.pdf (last visited July 19, 2016). N/A Class 7: Thursday, October 6 Court Rules & Litigation Materials N/A Court Rules Presentation Valuation/Jury Practice Presentation Litigation Resources Presentation In-Class Exercise Georgetown Law Library, Jury Verdicts and Jury Instructions Research Guide, available at http://guides.ll.georgetown.edu/jury (last visited July 19, 2016). University of Minnesota, Guide to Pretrial & Trial Practice Materials, available at http://library.law.umn.edu/researchguides/trialpractice.html (last visited July 19, 2016). Thurgood Marshall Law Library, TMLL Research Guide, Chapter 9 Maryland Practice Materials, available at http://www.law.umaryland.edu/marshall/researchguides/tmllguide/9sec8.html (last visited July 19, 2016). Loyola University, Chicago, Trial Advocacy Research Guide, available at http://guides.ll.georgetown.edu/jury (last visited July 19, 2016). Loyola Law School, Los Angeles, Mass Tort Litigation, available at http://guides.library.lls.edu/c.php?g=497712&p=3407142 (last visited July 18, 2016). University of Georgia Law, Jury Awards, Verdicts & Settlements: Awards, available at http://libguides.law.uga.edu/awards (last visited July 19, 2016).
Cali Lesson: Company Research (LWR 17) Due October 13 Class 8: Thursday, October 13 Legal Research for Practice Business Law Cali Lesson: Company Research (LWR 17) Company Information Securities - Presentation Business Intelligence - Presentation Finding People - Presentation Sabrini Pacifici, Competitive Intelligence A Selective Resource Guide (2015), available at http://www.llrx.com/features/ciguide.htm (last visited July 19, 2016). Robert C. Illig, A Business Lawyer s Bibliography: Books Every Dealmaker Should Read, 61 J. LEGAL ED. 585 (2012), available at http://www.swlaw.edu/pdfs/jle/jle614illig.pdf (last visited July 19, 2016). Widener Law Library, Delaware Corporation Law, available at http://libguides.law.widener.edu/delaware_corporation_law, (last visited July 19, 2016). In-Depth Research Problem Due 6 pm October 27 Further information on this assignment is posted on the class TWEN webpage Class 9: Thursday, October 20 In-Class Research Group Exercises & Discussion of Research Strategies None Class 10: Thursday, October 27 In-Depth Research Problem
Foreign and International Law Research Guest Lecturer: Harvey Morrell, Associate Law Librarian for Collections and Database Services Foreign Law Research Treaty Research Human Rights Suggested Readings Guides to International, Comparative and Foreign Law Research, available at NYU Globalex, www.nyulawglobal.org/globalex/ (last visited July 19, 2016). NYU Law, International Law, available at http://nyulaw.libguides.com/international-law (last visited June 12, 2015). UCLA School of Law, Researching Public International Law, available at http://libguides.law.ucla.edu/publicinternationallaw (last visited July 19, 2016). Harvard Law School Library, Foreign and International Law Gateways, available at http://guides.library.harvard.edu/foreignintlgateways (last visited July 19, 2016). NYU Law, European Union, available at http://nyulaw.libguides.com/european_union_updated (last visited July 19, 2016). NYU Law, Foreign Collections by Jurisdiction, available at http://www.law.nyu.edu/library/research/foreign_intl/foreigndatabasesbyjurisdiction (last visited July 19, 2016). NYU Law, Human Rights, available at http://guides.nyu.edu/humanrights last visited July 19 (last visited July 19, 2016). Georgetown Law Library, Treaty Research, available at https://www.law.georgetown.edu/library/research/guides/treatyresearch.cfm (last visited July 19, 2016). Georgetown Law Library, United Nations Research Guide, available at https://www.law.georgetown.edu/library/research/guides/unitednations.cfm (last visited July 19, 2016). University of Baltimore Law Library, Researching Public International Law at the University of Baltimore Law Library, available at http://law.ubalt.libguides.com/internationallaw (last visited July 19, 2016). Washington College of Law, The Inter-American System of Human Rights, available at http://wcl.american.libguides.com/human_rights (last visited July 19, 2016). Cali Lesson: Customary International Law (LR 56) Due November 3 Class 11: Thursday, November 3
Federal Tax & Intellectual Property Law Cali Lesson: Customary International Law (LR 56) Pathfinder Presentation Sign Up Federal tax research Presentation Intellectual property Presentation Guest Speaker: Savanna Nolan, Digital Reference Librarian Georgetown University Law Library, Tax Research Federal Chart, available at http://www.law.georgetown.edu/library/research/guides/fedtax_chart.cfm (last visited Oct. 13, 2014) and Georgetown University Law Library, Tax Research Federal, available at http://www.law.georgetown.edu/library/research/guides/federal_tax.cfm (last visited Oct. 13, 2014). Suggested Readings See generally, Katherine Platt, et al., FEDERAL INCOME TAX: EXAMPLES AND EXPLANATIONS (Aspen Law & Business 2014). Reserve KF6369.3.B35 2014 Federal Patent and Trademark Law, in, SPECIALIZED LEGAL RESEARCH (Penny Hazelton, et al., ed.; Aspen Law & Business 2001- ). Reserve KF240.S64 Copyright Law, in, SPECIALIZED LEGAL RESEARCH (Penny Hazelton, et al ed.; Aspen Law & Business 2001- ). Reserve KF240.S64 Cali Lesson: Maryland Secondary Sources LR 138 Due November 10 Class 12: Thursday, November 10 Maryland Legal Research General Approaches and Specialized Materials Cali Lesson: Maryland Secondary Sources LR 138 DRAFT of the Pathfinder Required if you are writing for your ULWR Guest Lecturer: David Matchen, Head of Circulation and Reference Librarian
Maryland legal materials Georgetown University Law Library, Maryland Resources In-Depth, available at http://www.law.georgetown.edu/library/research/guides/maryland-in-depth.cfm (last visited June 12, 2015). Maryland State Law Library, The People s Law Library of Maryland, available at http://www.peopleslaw.org/ (last visited June 12, 2015). Law Library of Congress, Maryland Law, available at http://www.loc.gov/law/help/guide/states/usmd.php (last visited June 12, 2015). Leah F. Chanin, et al., Maryland, in LEGAL RESEARCH IN THE DISTRICT OF COLUMBIA, MARYLAND AND VIRGINIA, 2d ed., Hein 2000 -. Reading Room KF 240.C43 Class pathfinder presentations begin November 10 (next week) Class 13: Thursday, November 17 Class Pathfinder Presentations Thursday, December 8 PATHFINDERS DUE Upload to TWEN by 6 PM