This Week in the Law Library … July 29, 2024
This week in the Law Library we’re wishing everyone good luck on the bar exam, reviewing more basic legal research skills for summer, and continuing to celebrate Disability Pride Month.
Good Luck on the Bar Exam!
You've put the time in, you've studied hard. You've got this! We wish you all good luck!
Wednesday, July 31st Summer Faculty Workshop
Join us this Wednesday at 12:15pm as we talk about Law Library services for faculty as part of the Summer Faculty Workshop series -- in person in Room 645 or via Zoom!
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Historical and Superseded Codes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.
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. Click on the link for the topic and key number assigned to the headnote in which you are interested and Westlaw will run a search and bring up all cases in their system that have been classified under that topic and key number. 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. 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.
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. 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. 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.
Using Citators to Validate Cases and Find More Cases
There are two main case law citators to verify the status of your case – on LexisNexis, it is Shepards and on Westlaw it is Keycite. Keyciting and shepardizing are also a method for finding other cases and secondary sources relevant to your topic. There are differences between the citator symbols used by Westlaw and Lexis, but as a general rule, in either Westlaw or Lexis cases with a red flag or red stop sign may no longer be good law and should not be relied upon without doing further research. Similarly, cases with a yellow flag or yellow triangle should be used with caution because they may have been distinguished by other court rulings. Remember, that you need to take into account the jurisdiction of your case and the cases citing your case in order to determine if your case is still good law. Do not rely on the symbols completely. This week we will briefly cover researching administrative law.
Federal Administrative Law Research
Any time you have a statutory issue, you may need to find any applicable administrative regulations and update those regulations. You will also want to consult administrative adjudications. Administrative agencies generate rules and regulations, much like a legislature generates statutes. These administrative rules and regulations help further interpret a statute. Additionally, agencies may conduct hearings and issue decisions concerning matters that fall under their jurisdiction, much like a court. Finally, agencies may also investigate and enforce violations.
E-CFR
Rules that are immediately effective are integrated into the “Electronic Code of Federal Regulations” also known as the e-CFR. The e‐CFR is an unofficial editorial compilation published by the Office of the Federal Register and the Government Printing Office. It is the most up-to-date version of the CFR.
CFR
The official publication of Federal rules is the Code of Federal Regulations that is published annually by the Government Printing Office. The CFR is divided into 50 subject matter titles. Each of the 50 titles are republished each year on a staggered, quarterly basis. Titles 1-16 are revised as of January 1, titles 17-27 are revised as of April 1, Titles 28-41 are revised as of July 1, and Titles 42-50 are revised as of October 1. Each title is divided into chapters usually bearing the name of the issuing agency. At the back of each CFR volume is an Alphabetical List of Agencies Appearing in the CFR, showing the title and chapter where an agency’s regulations are codified. Each chapter is further subdivided into parts which cover specific regulatory areas. Large parts may be subdivided into subparts; all parts are organized in sections, and most citations to the CFR will be provided at the section level.
Finding Regulations
Secondary Sources & Annotated Code References
So how do you find regulations? If you are following the research process, hopefully your secondary source would have given you some citations to regulations when talking about your issue. For example, if we were researching a Fair Labor Standards Act issue of overtime for outside sales employees, we would find references to the applicable regulations in the secondary source, FLSA Employee Exemption Handbook. Your annotated code also will often refer you to relevant CFR sections. In Westlaw codes, you can find this under Context and Analysis. In Lexis Codes, it is under Research References. If you are using online sources on Lexis or Westlaw, you can just jump to the hyperlinked CFR citations. If using a print secondary source or code, once you have a citation to a specific CFR section, you can retrieve the section by citation in Lexis and Westlaw just like you would any other document. You can also retrieve it by citation in HeinOnline and you can retrieve it by citation for free at the e-CFR or govinfo.gov.
Finding Regulations by Subject
If you don’t have a citation from a secondary source or the annotated code, you might also want to look at finding regulations by subject. The CFR has an index. You can access this index on Govinfo.gov and on HeinOnline. Lexis and Westlaw also have a CFR Index. Note that it is not the same index as the one that the Government Printing Office provides. To access the index on Westlaw, simply go to the CFR, look off to the right under Tools and Resources, and select the CFR Index. To access the index on Lexis, begin typing CFR Index in the big search box. When using either the GPO Index or the indexes on Lexis or Westlaw, one helpful hint is to start by looking under the agency or sub-agency. Remember that you can also do keyword searching for regulations. When searching administrative regulations on Lexis or Westlaw, you can add a little precision to your search by using fields and segments.
State Administrative Law Research
Administrative law in the states operates similarly to the federal system, although there will be some differences in terminology, agencies and agency structures, and rulemaking requirements. State legislatures give state agencies the power to create administrative law just like Congress empowers federal agencies. Once you know the state jurisdiction that controls, learn the state law that applies to regulations. This means finding the enabling acts for state agencies and the administrative procedure acts that govern agency process. In Ohio, for example, the Administrative Procedure Act is found in Ohio Rev. Code §§ 119.01 to 119.14. An additional abbreviated rulemaking provision, that does not require notice and comment, is at Ohio Rev. Code § 111.15.
Most states have a state publication similar to the Federal Register (but not necessarily published daily) and that can be called a register, bulletin, or journal. Most states also have an administrative code. A good resource to find state registers and state codes is the website of the Administrative Codes and Registers (ACR) Section of the National Association of Secretaries of State. They link to each state’s “register,” code, and manual.
In Ohio, when an agency intends to adopt a rule, the agency gives public notice of its intention to adopt the rule in the online Register of Ohio at least 30 days before its scheduled hearing on the proposed rule. At least 65 days before adopting the rule, the agency files the notice, the proposed rule, and a rule summary and fiscal analysis with the Secretary of State and the Legislative Service Commission. The agency also files the notice, proposed rule, and rule summary and fiscal analysis with the Joint Committee on Agency Rule Review for legislative review. The agency holds a public hearing on the proposed rule. Sixty-six days after filing the proposed rule, and if the time for legislative review has expired, the agency may adopt the proposed rule and file it in final form. The final rule is published in the Register of Ohio and the Administrative Code.
Ohio also has a print publication called The Ohio Monthly Record which gives notice to the public of repealed rules and proposed rules and publishes new and amended rules in chronological order on a monthly basis. The Ohio Administrative Code is divided into chapters, alphabetically, by agency. Regulations “adopted by reference” are not contained in the Ohio Administrative Code. You must locate the text in other documents. An example of this would be the building code, which incorporates the Ohio Building Code by reference. The Ohio Legislative Service Commission and Ohio Secretary of State can provide the text of the regulations adopted by reference.
Where to Find More Information on Administrative Law
You can find more information on researching administrative law in our Federal Administrative Law guide, Ohio Legal Research Guide - Administrative Sources, and our administrative law videos.
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
Becoming Disabled: Forging a Disability View of the World (UC e-Book)
Using an autoethnographic approach, as well as multiple first-person accounts from disabled writers, artists, and scholars, Jan Doolittle Wilson describes how becoming disabled is to forge a new consciousness and a radically new way of viewing the world. In Becoming Disabled, Wilson examines disability in ways that challenge dominant discourses and systems that shape and reproduce disability stigma and discrimination. It is to create alternative meanings that understand disability as a valuable human variation, that embrace human interdependency, and that recognize the necessity of social supports for individual flourishing and happiness. From her own disability view of the world, Wilson critiques the disabling impact of language, media, medical practices, educational systems, neoliberalism, mothering ideals, and other systemic barriers. And she offers a powerful vision of a society in which all forms of human diversity are included and celebrated and one in which we are better able to care for ourselves and each other.
Disability Practice: Safeguarding Quality Service Delivery (UC e-Book)
This book critically engages with the social, political and ethical implications of support for people with disability to be fully included in society. The authors examine contemporary issues of quality and safeguarding in disability services, translating research and practice wisdom into foundational knowledge.
Handbook of Disability: Critical Thought and Social Change in a Globalizing World (UC e-Book)
This important reference work maps the terrain of disability across the world by providing an overview of issues, concerns and developments in the domains of society, culture, medicine, law, policy, justice, education, economics, and science and technology. It is a truly inclusive volume bringing together perspectives from researchers, activists, professionals, service providers, international development experts and policymakers based in the global North and South, and it particularly focuses on the voices of the principal stakeholders---disabled persons themselves.
Sixty Years of Visible Protest in the Disability Struggle for Equality, Justice, and Inclusion (UC e-Book)
Visible protests reflect both continuity and change. This text illustrates how protest around longstanding issues and grievances is punctuated by movement dynamics as well as broader cultural and institutional environments. The disability movement is an example of how activist networks and groups strategically adapt to opportunity and threat, linking protest waves to the development of issue politics. The text examines sixty years of protest across numerous issue areas that matter for disability including social welfare, discrimination, transportation, healthcare, and media portrayals. Situating visible protest in this way provides a more nuanced picture of cycles of contention as they relate to political and organizational processes, strategies and tactics, and short-and-long-term outcomes. It also provides clues about why protest ebbs and flows, when and how protest matters, who it matters for, and for what.
Skin, Tooth, and Bone: The Basis of Movement Is Our People: A Disability Justice Primer
Available in the Langsam Stacks HV1568 .S55 2019, The Disability Justice Primer offers concrete suggestions for moving beyond the socialization of ableism, such as mobilizing against police violence, how to commit to mixed ability organizing, and access suggestions for events. Skin, Tooth, and Bone offers analysis, history and context for the growing Disability Justice Movement. The Second Edition includes the addition of a section on Audism and Deafhood written and edited by members of the D/deaf community, and a Call to Action from Survivors of Environmental Injury, as well as disability justice timelines, an extensive glossary, and a resource list for learning more.
Posted on July 29, 2024 by Susan Boland