American Law Reports & Legal Periodicals Christine I.

American Law Reports & Legal Periodicals Christine I. Hepler, J.D., M.L.I.S. Law 607 Legal Research & Writing

A Refresher: Secondary Sources Resources that provide commentary on the law. It is not the law. Not often cited in courts opinions. Exception=Restatements of the Law are often cited/relied on by Maine courts. If the Secondary Source cites a primary authority go to the primary authority Make sure the secondary source has accurately described the state of the law Be sure the primary authority is still good law

American Law Report (ALR) What is an ALR? An article on a specific point of law. Thomson-West editors choose a topic, research it extensively The editors write an annotation that looks at all possible sides of a legal issue. finding virtually all relevant case law & other secondary sources on the topic. Updated by pocket parts and annotations.

American Law Report Annotations Issued in series ALR 1919-1948 ALR2d 1948-1965 ALR3rd 1965-1980 ALR4th 1980-1992 ALR5th 1992-2004 ALR6th 2005-present

ALR Federal ALR Federal 1969-2004 ALR Federal 2d 2005-present One index covers both the ALR and the ALR Federal. Before 1960 Federal topics where often included in the ALR.

ALR: Where to find them Currently available in print, Westlaw & LexisNexis. Print kept up to date by replacement volumes, pocket parts and supplements. ALR Federal & ALR located in the Reading Room on the 2nd floor.

What’s in an ALR Annotation? Full Text of an opinion on point either at the beginning or the end of the annotation Annotation contains a summary of topic, Table of Contents, Index for the annotation if it is lengthy Citations to relevant statutes, cases on point. Numerous secondary sources will be listed for further research. Great research tool, but not generally a resource that should be cited as persuasive authority. Not all topics are covered. Very limited selection.

First page of annotation: Title, Author, Citation, Case with Citation. Full text opinion use to be in front of the annotation. Now it appears at the end.

Detailed Table of Contents for the annotation. Often includes “Research References”—other relevant secondary sources, including Powell on Real Property.

Citation to sections in the annotation where that topic is discussed. Citation to Maine cases in the section of the annotation where it is discussed.

Legal Periodicals: Journals and Law Reviews Formats of Periodicals & Locations Print: 3rd floor of the Library. Across the hall from Circulation HeinOnLine Westlaw LexisNexis Never updated. No pocket parts or supplements. Use Shepards or Keycite to see if it has been subsequently cited.

Why Use Periodicals Generally written by scholars, professors & experts in the field. Research for each article is substantial. Wealth of citations on a particular subject. Extensive number of articles are written. Some limited use for persuasive authority. Depends on author and publication.

Using Indexes To Find Articles Print and Online Indexes available to find articles on point Indexes cover more years and more articles then either Westlaw or Lexis have available full-text. Any type of historical research must be done in indexes. Most Commonly Used Indexes Index to Legal Periodicals and Books (Print) Wilson Index to Legal Periodicals and Books Index to Foreign Legal Periodicals Current Index to Legal Periodicals On LexisNexis: Legal Resources Index

Wilson’s Index To Legal Periodicals & Books Available via Law Library Resources Page http://mainelaw.maine.edu/library/resources.htm If using from home you will need to enter your name and your barcode Provides full text articles if available, will provide citation to full text otherwise Go to LexisNexis, Westlaw to get full text once you have citation If too old you will have to use Hein OnLine

Current Index To Legal Periodicals (CILP) Published Weekly Most current index available. Organized by subject. Set up Smart CILP to be notified of new article of interest Available via the Library catalog & the Library webpage. http://cilp.nellco.org.prxy11.ursus.maine.edu/cilp/index.cfm Available on Westlaw.

Hein OnLine Law Journal Library Historical. Many of the journals go back to first issue. PDF of journal articles. Pagination and layout are exactly the same as the original. Offers a full-text search Browse through the journals in alphabetical order or search the Library Catalog Has an index to search

Access to Hein OnLine Researcher must be in the Law Building to use Hein OnLine. Law Students can access from home. Will have to enter last name and your barcode. Access through Law Library Catalog. Go straight to Hein Online website. http://heinonline.org/