The “Car Parts” Theory of Legal Research

A Theory

For a while now, I’ve been working on a theory about how legal research works. Using legal research tools is a hard paradigm to share with new law students, even ones who have experience with undergraduate research. It may be, as Anne Elk, A. Elk [Miss], put it, “My theory, that I have, that is to say, which is mine, is mine,” (Cough. Cough, cough), but I’d be thrilled if you steal, uh, borrow it, use it—and tell me what you think.

Cars

Every make of car—Honda, Toyota, Chevy, Ford—has parts that do the same things: alternators, starters, fuel injectors, fuel pumps, for instance. But parts from a Toyota won’t work in a Chevy, and so on. That’s because the parts do the same things, with different shapes and sizes and connectors. And remember: All those parts are supposed to connect: fuel injector, fuel pump, gas tank. But if you want your car to work right, all the parts have to connect together properly.

Research tools

There are a lot of different projects you might be doing legal research for. You might be working on a memo for LSV; a pleading or brief for an employer, moot court, or mock trial; or a seminar or law review paper or research for a professor. Like cars, all of the projects are similar, and go forward in similar ways. But, also like cars, they look different (trucks, economy cars, sports cars, SUVs) and have different uses.

And you will find a lot of different “things” (sources of law, or just “sources”) when you do legal research: constitutions, cases, statutes, regulations (kind of “junior statutes”), and lots of different types of secondary sources, like law review articles, legal encyclopedia articles, digest summaries, and case annotations.

These “things” are found in different research tools, in books and online: annotated statutes, case reporters, journals, legal encyclopedias, digests, and American Law Reports.

All of these research tools have the same parts. The books have tables of contents, indexes, and tables of cases. The Web resources have basic and advanced search functions, tables of issues and articles. But the parts don’t work exactly the same way… because just like an alternator from a Chevy and a fuel pump from a Honda, neither the resources nor the parts themselves are interchangeable.

But—and this is important—just like a working Honda’s fuel pump and gas tank, the parts are also connected, forward and backward, by the references and citations.

Connections

Use connections. The alternator connects to the battery. The connection runs both ways—and won’t work either way unless there is a connection.

Citations aren’t just something you have to use the Bluebook to figure out how to format. Look at the citations in the “things”—sources—you have, and use them to find other sources. Looking at citations in your sources, and the different sources they cite to, lets you figure out what all the sources you have to say about each other. Sources are written by people (obvious, I know). People disagree. Some disagreements get resolved—when a higher judge disagrees with a lower one. But some don’t—when two judges at exactly the same level, or in different states, disagree.

Reverse Engineering

Oh, about the Bluebook. Think of it as being the shop manual for your car. One use for a shop manual is to figure out how to put a new fuel injector in your car. But you can also use the shop manual to take the car apart, or find a part number for the new cylinder-head gasket or fuel-tank float you need.

You’ve been taught, or learned, to use the Bluebook to look up how to format a Georgia Supreme Court citation, for example. But if you have a citation that you can’t completely figure out, but you’re pretty sure is from Michigan (because it has “MI” or “Mich.” in it) or Colombia (“Colom.”, ditto), use the Bluebook’s tables to look up the citation format. (There’s a general rule of thumb here: As a favorite writer of mine put it, “[W]hen faced with a problem you do not understand, do any part of it you do understand, then look at it again.”)

Other Places to Look

There are different shop manuals for different cars, right? Some jurisdictions have their own “shop manuals.” Florida, for instance, has two: An official one, Fla. R. App. P. 9.800, “Uniform Citation System,” and a semi-official one, the Florida Style Manual, that Fla. R. App. P. 9.800(n) tells you to use if Fla. R. App. P. 9.800 doesn’t have the citation style you need.

Postscript

I really like this “theory” (an extended metaphor, really), for its usefulness and concision. I also think it’s very pedagogically interesting. I plan to do some research on that aspect for a follow-up blog post. Anyway, that’s my theory. Please let me know what you think—post a comment, or email me at silvermanmi@nsu.law.nova.edu.

Hispanic Heritage Month 2011

Hispanic Heritage Month is celebrated in the United States from September 15 to October 15. This annual celebration was begun by President Lyndon Johnson in 1968, as National Hispanic Heritage Week. It was expanded in 1988 to Hispanic Heritage Month. For more information about the legislative and executive documents relating to Hispanic Heritage month, see the Library of Congress’ National Hispanic Heritage Month site.

Several Spanish American countries celebrate their national independence days during the first week of Hispanic Heritage Month. September 15 marks the independence celebrations for Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. Celebrations in Mexico follow on September 16, and in Chile on September 18.

The U.S. Census Bureau has prepared a news release which contains a wealth of information on the Hispanic population in the United States, as well as links to other sources. For more concise information, see the Bureau’s  Census Brief The Hispanic Population 2010.

Law on the Silver Screen

The Shepard Broad Law Library and Technology Center (LLTC)
will soon host “Movie Night” for its students.  Reference Librarian Angie Stramiello
approached me several months ago with exciting news – a longtime Professor
suggested to her that the LLTC begin again a “Movie Night”
series.  Angie informed me that
approximately six or seven years ago that “Movie Night” was a
success, albeit a short one.

As Angie described to me the idea, I initially thought to
myself that we (read the librarians of the LLTC) already had plenty to do.  Yet, Angie quickly won me over with her enthusiasm
for the idea and also the enthusiasm she described the faculty member displayed
in reinstituting “Movie Night.”
So, I gave into the idea quickly.

The idea – a professor chooses a movie of his or her choice,
law related, and introduces the film to the student attendees.  The professor provides a short lecture on the
importance of the film’s topic.  Candy,
popcorn, and soda are provided.  A short
quiz is given and prizes awarded.

The LLTC’s first film, sponsored by Professor Mike Richmond,
is “Inherit the Wind.”
Amazingly, after sending out the advertisement for the first film, at
least a half dozen other faculty contacting me interested in sponsoring a
film.  Now we have enough sponsoring
faculty to show a movie each month through this May and probably beyond!  As the Library Director, I’m super-pleased
that so many faculty expressed interest.

The take-away, for me, from all of this is that as a manager
of 9 other librarians, it is best to let my librarians run with ideas that
excite and interest them.  Individuals
perform their best work when they are interested in what they are doing and
when they can take the idea from the beginning and see it through to the
end.  Also, a take-away, is that
librarians can excite faculty.
Excitement is contagious.  I’m
excited and I hope you are excited too about the LLTC’s upcoming “Movie Night”
series.

FYI – the LLTC’s first Movie Night is Tuesday, September 13
starting at 6:30 P.M.  I hope to see many
students, faculty, and staff of the Law Center in a seat enjoying “Inherit
the Wind.”

Thanks Angie and Professor Richmond for your enthusiasm and
thanks to all others on my staff who have worked hard to pull everything
together.  I sit back as I write this
short blog post very proud of my staff.