This Week in the Law Library … July 15, 2024
This week in the Law Library we’re looking at more bar exam resources, reviewing more basic legal research skills for summer, and celebrating Disability Pride Month.
Bar Exam Study Resources
Congratulations! You have made it through law school but now the bar exam looms. Don’t worry, the Law Library’s got your back. When you’ve caught your breath and you’re ready to start your bar studying, we have resources that can help. Check out our Bar Exam Research Guide.
The July 2024 bar examination will be administered at the Roberts Centre, 123 Gano Road, Wilmington, Ohio July 30-31, 2024. The Holiday Inn Roberts Centre room block opens on May 14, 2024, at 11 am. Learn more at: Ohio Bar Exam
5 More Resources to Help You Study for the Bar Exam
The Bar Exam is not a sprint, it’s a marathon so pace yourself! You can see the previous week’s featured bar exam resources on our July 1, June 24, June 17, June 10, June 3, May 28, and May 21. Check out this week’s Bar Exam Resource highlights below on what to do two weeks before the bar exam.
Ameribar, It’s Two Weeks Before the Bar Exam. Help!
Shelley Awe, Bar Exam Tips for Two Weeks Out, Vault (Feb. 8, 2021)
Bar Exam Mind, Bar Exam Schedule: The Final Two Weeks
Bar Exam Toolbox, You Have Two Weeks of Bar Prep Remaining, Have You Completed This Checklist?
JD Advising, How to Make a Study Schedule the Last Two Weeks of Bar Exam Prep
Summer Legal Research Tips
Previously, we looked at:
Initial steps to take when you get a summer research project
Start by identifying the resources available to you at your place of summer employment and ask questions. Develop a research plan. Read more about developing a research plan on our Research Strategy & Documentation guide.
Then you may need to do background research about your issue before jumping into primary sources such as statutes and case law. A good secondary source can explain the law around your issue and cite you to primary sources. It can save you a lot of time and effort! Learn more about researching in secondary sources in our Researching Secondary Sources Guide or watch our videos on finding and searching within the various secondary source types.
Researching statutes in annotated codes
If your issue is statutory, you want to use an annotated code. An annotated code is a great research tool because it offers editorial enhancements such as: (1) cross references to related statutes and regulations; (2) more detailed historical notes, secondary source references; (3) if it is a Thomson Reuters code you will get topic and key number references to help you find cases; and (3) the case annotations.
Once in an annotated code, use the statutory finding tools like indexes, tables of contents, parallel reference tables, and the popular names table to find the statutory sections you need.
Updating and validating statutes
Update and validate your statutes by making sure that you are working with the most current version of a statute when researching a current issue and using Shepards and KeyCite to validate your statute and to identify any pending legislation that may impact your statute.
Historical and Superseded Codes
You can research historical codes using HeinOnline, Govinfo.gov, Bloomberg Law, Fastcase, Lexis, and Westlaw. You can also compare statutes on Lexis and Westlaw and be sure and always check the effective dates of statutes.
Sometimes a researcher is asked to find statutes from multiple jurisdictions on a particular topic. Take advantage of compiled statutory surveys such as (1) Lexis and Westlaw 50-state surveys; (2) Subject Compilations of State Laws on HeinOnline; (3) State Law Charts on Bloomberg Law and Smart Charts on VitalLaw; and (4) National Conference of State Legislatures. Read more about statutory surveys in our 50-State Surveys Guide.
This week we will begin covering how to find cases.
Finding Cases by Headnote
Headnotes are summaries of the issues in a case. They are not actually part of the opinion. Each headnote is numbered. You can click on the headnote number and be taken to the place within the opinion where the issue of the headnote is discussed. Headnotes are tools that can be used for research but they are not part of the actual case itself. You should never cite to a headnote and always read the opinion and do not rely on the headnote.
Headnotes in Westlaw
Using Westlaw Topic and Key Numbers Assigned to Headnotes to Find Cases
Each headnote in a case published in Westlaw is assigned a topic and key number. These topic and key numbers can be used to find more cases on the same subject. For example, if we had a headnote that was assigned the topic of Damages and the key number of 57.21 and we want to find more cases that talk about what is needed to prove a claim of Intentional Infliction of Emotional Distress, we can use the topic of Damages and the key number of 57.21 and look online to find more cases that discuss this same thing. If you want to see the topic and key numbers in Westlaw headnotes, you may have to click the grid view link at the top of where the headnotes begin. The key number assigned to a particular headnote is always the last and narrowest key number assigned. Click on the link for the topic and key number and Westlaw will run a search and bring up all cases in their system that have been classified under that topic and key number. Note that you may need to change your jurisdiction for the search because the system keeps the last jurisdiction chosen.
Using Cases that Cite This Headnote
To find other cases that cite a particular headnote, click on the “Cases that cite this headnote” link located below the headnote summary of the point of law. Cases that cite a headnote consist of the citing references that specifically address that particular point of law in the case. Because cases may address many different issues, this can be a quick way to find the most relevant cases citing your case for the particular issue covered by that headnote.
Headnotes in Lexis
Using Lexis Topics Assigned to Headnotes to Find Cases
Lexis headnotes are still organized by broad topics and then progressively subdivided by narrower subjects, but Lexis headnote subjects tend to be broader concepts than the Westlaw key numbers. Also, Lexis headnotes do not editorialize, they actually lift language straight from the text of the case. We can find more cases on a topic by clicking on the topic links assigned to the headnote. In Lexis, the topic links are above the headnote. If we want a broader search, we can use the topic intermediate levels, for example, we could search Intentional Infliction of Emotional Distress rather than the specific Elements beneath that. A search on any intermediate level will bring up results for all the more specific levels below it.
Using More Like this Headnote to Find Cases
More Like This Headnote appears at the end of a headnote, and gives you the ability to find cases that have headnotes that closely match the language or meaning of a headnote in your case.
Using Shepardize – Narrow by this Headnote to Find Cases
To find more cases that discuss the same point of law, click “Shepardize – Narrow by this Headnote.” This will show you all cases that cite to this case that reference the same issue as that headnote.
Don’t forget that you can always find out more about researching cases in our Researching Cases Guide or watch our videos on finding cases.
July Is Disability Pride Month!
Disability Pride Flag. A black flag with a lightning bolt of blue, yellow, white, red, and green. Source: Ann Magill/Public Domain
About Disability Pride Month
Disability Pride Month is an annual worldwide observance holiday during the month of July. It promotes awareness of disability as an identity, a community, a culture & the positive pride felt by disabled people. It directly challenges systematic ableism and discrimination. President George H.W. Bush signed the Americans with Disabilities Act (ADA) into law in 1990 and in July of that same year, the first Disability Pride Day was celebrated in Boston.
This month, the American Bar Association’s Commission on Disability Rights invites you to take part in the #BeCounted campaign. The #BeCounted campaign encourages lawyers with disabilities across the country to add themselves to the ABA’s U.S. map.
5 Resources to Learn More about Accessibility & Disability Issues
ADA.gov
Disability rights are civil rights. From voting to parking, the ADA is a law that protects people with disabilities in many areas of public life. From answers to common questions to official legal documents, ADA.gov has everything you need to understand your rights and responsibilities under the ADA.
Disability History Museum
The Disability History Museum is a virtual project that aims to foster a deeper understanding about how changing cultural values, notions of identity, laws and policies have shaped and influenced the experience of people with disabilities, their families and their communities over time.
Library of Congress, Disability Law in the United States: A Beginner’s Guide
This research guide provides an overview of relevant laws and regulations related to disability rights. It provides resources from the federal government and non-profit organizations that work toward advancing the rights of people with disabilities. The guide is by no means exhaustive, however it offers a extensive guidance on resources for performing legal research on this subject, as well as information from leading advocates and government entities with missions to protect those with disabilities from discrimination.
Museum of disABILITY History (Virtual Museum)
The Museum of disABILITY History is dedicated to advancing the understanding, acceptance and independence of people with disabilities. The Museum's exhibits, collections, archives and educational programs create awareness and a platform for dialogue and discovery.
Smithsonian National Museum of American History, EveryBody: An Artifact History of Disability in America
People with disabilities have been present throughout American history, but rarely appear in textbooks or shared public memories. This online exhibition helps us understand the American experience and reveals how complicated history really is.
Posted on July 15, 2024 by Susan Boland