Debra Austin, JD, PhD

professor of the practice of law
university of Denver Sturm College of LaW

FACULTY PAGE

When you steal from one author, it's plagiarism;
if you steal from many, it's research.
~ Wilson Mizner ~ 1876-1933 Bartlett's Familiar Quotations, 15th Edition

Research Strategy

Strategy: A careful plan or method especially for achieving an end.

Assignment Clarification Checklist

How will your product be used - Why does your supervisor want to know the information
When does your supervisor need the product and how does your work fit into a larger deadline
Is there a research strategy or a particular research tool that your supervisor can recommend for the project
Is the research limited to one jurisdiction
How much time does the supervisor want expended on the project
Does the supervisor want any of the raw research materials (cases, statutes, regulations, etc.) you relied on
Does the supervisor have a particular length in mind for the product
If you have additional questions once you have started the project, will your supervisor be available to answer them

Goal is Research that is:

Correct
Comprehensive
Credible
Cost-effective

Research Strategy

Brainstorm for Terms
- Identify and analyze the facts
  - Who, what, where, when
  - TARP Rule
    - Thing or subject matter
    - Cause of Action or ground of defense
    - Relief sought
    - Parties involved
- Determine the legal issues to be researched
  - Classify problem into general subject area
  - Begin to narrow question
Choose a jurisdiction Location of dispute
- State or Federal
  - If Federal, what Circuit
  - If State, what regional reporters and digest
Get an overview of the subject
- Strategy depends on familiarity with general subject and specific topics
- Learn basic principles and vocabulary
- Consult Secondary Sources
- Outline issues
Search for legal authority
- Organize, plan and record
- Case-finding tools
  - Narrative descriptions
  - Digests and annotations
  - Online research
- Working with a subject
  - Subject index
- Working from a known case
  - Table of Cases
  - Headnotes
  - Citators
- Working from a known statutes
  - Annotated Code
- Read primary authorities
  - Finding tools don't fully represent content of primary authority
  - Primary authority can act as further finding tools
Update
- Pocket parts
- Supplements
- Citators
- Online Research
When to stop
- Repetition of citations (Use independent research tools to avoid appearance of repetition)
- Absence of new information
- Arriving at an answer
- Research cost exceeds its expected benefit

Secondary Sources

Encyclopedias

Finding Tools Provide a broad overview of an area of law
Describe the law, but do not critique the law or suggest legal reforms
Two National Encyclopedias American Jurisprudence, Second Edition
- American Jurisprudence
- Corpus Juris Secundum
- West's Encyclopedia of American Law - Library Database

Treatises

Comprehensive book or set of books on a particular subject
Commentary
Cites to cases, statutes, law reviews, and forms
Law Library Catalog - Library
Thomson Reuters (West) Bookstore
Lexis Bookstore
Amazon
Barnes and Noble
Bloomberg BNA - Looseleafs, treatises, reports, journals and newsletters - Library Database

American Law Reports

Provide in-depth coverage of a specific or narrow issue
Articles authored primarily by practicing attorneys Publisher Information - A.L.R. Homepage
Westlaw American Law Reports - ALR Index
Federal Topics
- A.L.R. Fed 1969 to 2005
- A.L.R. Fed, 2d 2005 to date
State Topics
- A.L.R. 3d 1965 - 1980
- A.L.R. 4th 1980 - 1991
- A.L.R. 5th 1992 to 2005
- A.L.R. 6th 2006 to present