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AASP 443
Blacks and the Law

Research resources compiled and web page developed by Gerri Foudy, Annie Young and Travis Johnson, McKeldin Library

This web page is designed for use by the students in AASP 443. For additional assistance, ask a librarian at the McKeldin Library Information Desk, or contact Travis Johnson (travismj@umd.edu), law and economics librarian, Gerri Foudy (gfoudy@umd.edu), government & politics, public affairs, and law librarian, or Annie Young (ayoung3@umd.edu), government information librarian.

Note: Remote (off-campus) access to the Libraries' electronic databases is available through Research Port using the barcode number from your campus ID card.

Contents:

Primer on the US Legal System

The law comes into being in two principal ways:

  1. Legislative Action/Statutory Law: Each state and the federal government passes laws through its legislative body (e.g. Congress, state legislatures). These laws are called Statutes (e.g. U.S. Statutes at Large) and arranged in subject order in Codes (e.g. the U.S. Code, the Annotated Code of Maryland).

  2. Court Action/Common Law: Each state and the federal government also has its own court system. Common law is set by court decisions, and often involves interpretation of statutory law for specific situations.

    • Judicial Decisions and Precedent:
      Doctrine of stare decisis: "a deliberate or solemn decision of a court or judge, made after full argument on a question of law fairly arising in a case and necessary to its determination, is an authority or binding precedent in the same court, or in other courts of lower ranks within the same jurisdiction in subsequent cases where the very same point is again presented."

    • Judicial Hierarchy:
      A higher court can always overturn or revise a lower court's opinion if a case is appealed and considered ("granted certiorari"). Also, a court may change its mind and reverse itself on an issue later in time when a subsequent case raises the same issue. "Case law" generally refers to the written opinions of appellate courts on specific issues raised in litigated disputes. Only a tiny fraction of court cases result in such opinions.

      • Court Structures

      Type of Court Federal Level State Level
      High Court Supreme Court Court of Appeals
      Intermediate Appellate Court(s) Courts of Appeal
      (Circuit Courts)      		 Court of Special Appeals
      and Circuit Courts
      Trial Level or
      General Jurisdiction      		 District Courts District Courts

    • Issues of fact (e.g., a driver ran a stop sign) are determined at the trial court level as well as issues of law (e.g., a judge's opinion on the admissibility of certain evidence). If a trial judge issues a written opinion on an issue of law, it may be published and included within "case law." Note: most trial court actions do not produce any written opinions, and are rarely published.

    • A trial judge's ruling on an issue of law may be appealed to a higher court, usually the intermediate appellate court. This court's decision may be further appealed to a higher court. The highest court in each jurisdiction is known as the court of last resort. In the federal system this court is the U.S. Supreme Court; in Maryland it is the Court of Appeals. Not all appellate decisions are published; however, virtually all decisions of the courts of last resort are reported in full. If the court refused to hear the case, you will see the notation "cert. denied."

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Steps in Legal Research

  1. Find a topic.
    Often law schools have web sites that track "hot" or interesting current topics that may help you identify a topic. One example is     Paperchase from the University of Pittsburgh School of Law.

    2. Tip: Begin right away to keep an organized list of citations or titles of cases, legislation or articles that you come across in your research and seem to be critical to your topic. This will be helpful to have later when you start reading cases or legislation.

  2. Use secondary sources to get background on an issue.
    Legal research can become daunting if you begin by reading a few cases and following citations before establishing some understanding of the context and background of the legal issues involved. Try these secondary sources:

    • Legal Dictionaries and Encyclopedias
      These are good places to learn about key cases and legislation. They differ in level of complexity and can be geared to lawyers or to legal research newcomers. Check out our lists of dictionaries, basic legal encyclopedias, and more exhaustive legal encyclopedias for some examples or search the catalog. (Hint: Some words to use in your catalog search are handbook, encyclopedia, dictionary, or guide.)


      • Tip: A great place to start is West's Encyclopedia of American Law. Then, check out American Jurisprudence 2d (Am Jur 2d) for more in-depth information. For topics related to Maryland, check out West's Maryland Law Encyclopedia.

    • Other Works
      Check out our list of other works, including American Law Reports (ALR), books with Maryland-specific case summaries, and the National Survey of States Laws.

      • Tip: Search Am Jur 2d in Westlaw to get background on the broad topic and then follow the linked footnotes and citations to ALR and other resources.

    • Web Sites
      Check out our list of suggested web sites but be careful whose website you are using and who wrote the material you're reading -- as many professors have said, websites are guilty until proven innocent.

    • Books
      Legal treatises and other monographs that treat legal issues in depth can give excellent background and provide pointers to a lot of other scholarly resources. Use the catalog to find useful books. Start with a "words anywhere" search (e.g. Sentenc* AND (black or african american)). You can also use the catalog to find out whether the Libraries subscribe to a particular journal. Click on "JOURNALS" and do a "title beginning with..." search on the journal title, not the article title (e.g. Family Law Quarterly).

  3. Start looking for articles specific to your topic.
    You should be more focused in your search now that you understand the topic and have identified more keywords to search for, including the names of key cases, people or legislation. Here are several places to search for articles:

    • Law Reviews
      These are the equivalent of scholarly, academic journals for the law. The articles are generally very long and research-intensive, and will provide many footnotes to follow up for additional research. Almost all recent law review articles are available full text in Westlaw Campus Research or in LexisNexis Academic.

      • Tip: Searching in Westlaw is more complex but footnote and other resource linking is stronger. In Westlaw, restrict by state to get only journals published in that state. In LexisNexis, search by title or by "at least 3" (instead of searching by keyword) to help narrow down results lists for popular topics.

    • Other periodicals
      Beyond law reviews, there are other academic and non-academic publications that publish articles on legal issues, many of which can be more accessible than law reviews. Try some of the databases listed below, or others from the "general/multidisciplinary", "public affairs" or "government" subject categories in Research Port.

      • Tip: To narrow your search, search by name of well-known legislation, or by the parties in a case.

  4. Read the actual law.
    When you understand the topic area pretty well and have identified the key cases or other documents, you're ready to read the actual publications which make up the law. When reading cases or legislation, keep an eye out for Headnotes, footnotes, and annotations. These are explanatory materials that will help make sense of the legal wording and explain key concepts or cite other resources you may find helpful. These supplemental materials are usually not part of the law, with the exception of some footnotes. Both Westlaw and LexisNexis have features to find further cases that cite the case you are interested in, or which overturn, question, or follow the law in the case.

    • Westlaw and LexisNexis Academic both include case law and statutory law.

      • Tip: Westlaw and LexisNexis have similar information but our version of Westlaw is easier to use, has a fuller citation linking (and checking) system, and includes more briefs.

      IMPORTANT Tip: Check the currency of cases that are important to your argument. Using KeyCite in Westlaw or Shepardizing in Lexis will tell you whether a particular case is still "good law."

    • Other Primary Sources will help you find federal and Maryland legislation and regulations.
      • LexisNexis Congressional
        Comprehensive access to US legislative information including legislative histories, an index of congressional publications from 1970 to the present, and congressional hearing testimonies.

      • Maryland Legal Links
        Comphrehensive site includes selected county and municipal code websites. Also links to the Maryland Code and the Code of Maryland Agency Regulations (COMAR) but we recommend using Westlaw or LexisNexis Academic for the most current versions.
        http://www.lawlib.state.md.us/mdgen.html

      • E-Codes: Municipal Codes on the Internet - Maryland
        Access to full-text of select Maryland city and county codes. (Note: For the official version of a Code, contact the city or county.)
        http://www.generalcode.com/webcode2.html#mary

  5. Repeat!
    Cases and legislation that you will read might open up more questions or send you down slightly different paths to find more pertinent information. Consult those encyclopedias, dictionaries, databases and websites that you have found helpful again, or search out citations to new cases or statutes you have found along the way.

Tip: There are several other useful guides for legal research in the libraries . Two that might be particularly useful are Maryland Law Resources and Legal Citations.

Citing Legal Resources

Legal citations are very specifically formatted and include many abbreviations, and they can be a challenge to create or understand. For your purposes, the websites are easier to use so check these first.

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Evaluating and Citing Web Sources

The Libraries have prepared guides to Evaluating Web Sources and Citing Electronic Resources.

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List of Selected Secondary Sources

Dictionaries

  • Black, Henry Campbell. Black's Law Dictionary 8th ed. St. Paul, MN: Thomson/West, 2004.
    The most widely used law dictionary, includes authoritative definitions and often provides cites to the court case that defined a particular word or term.
    LOCATION: McKeldin Reference Stacks
    CALL NUMBER: KF156.B53 2004
  • Hedges, Richard. Bioethics, Health Care, and the Law : A Dictionary. Santa Barbara, CA: ABC-CLIO, 1999.
    LOCATION: McKeldin Reference Stacks
    CALL NUMBER: R725.5.H44 1999
  • Arnest, Lauren Krohn. Children, Young Adults, and the Law : A Dictionary. Santa Barbara, CA: ABC-CLIO, 1998.
    LOCATION: McKeldin Reference Stacks
    CALL NUMBER: KF479.A68A76 1998
  • Donahue, Debra L. Conservation and the Law: A Dictionary. Santa Barbara, CA: ABC-CLIO, 1998.
    LOCATION: McKeldin Reference Stacks
    CALL NUMBER: KF5505.A68D66 1998
  • Taylor, Bonnie B. Education and the Law: A Dictionary Santa Barbara, CA: ABC-CLIO, 1996.
    LOCATION: McKeldin Reference Stacks
    CALL NUMBER: KF4117.T39 1996
  • Patton-Hulce, Vicki. Environment and the Law: A Dictionary. Santa Barbara, CA: ABC-CLIO, 1995.
    LOCATION: McKeldin Reference Stacks
    CALL NUMBER: KF3775.A68P38 1995
  • Stewart, Chuck. Homosexuality and the Law: A Dictionary. Santa Barbara, CA: ABC-CLIO, 2001.
    LOCATION: McKeldin Reference Stacks
    CALL NUMBER: KF4754.5.A68S74 2001
  • Hing, Bill Ong. Immigration and the Law : A Dictionary. Santa Barbara, CA: ABC-CLIO, 1999.
    LOCATION: McKeldin Reference Stacks
    CALL NUMBER: KF4817.H56 1999
  • Sokolow, Gary A. Native Americans and the Law: A Dictionary. Santa Barbara, CA: ABC-CLIO, 2000.
    LOCATION: McKeldin Reference Stacks
    CALL NUMBER: KF8203.6.S66 2000
  • Anglim, Christopher. Religion and the Law : A Dictionary. Santa Barbara, CA: ABC-CLIO, 1999.
    LOCATION: McKeldin Reference Stacks
    CALL NUMBER: KF4865.A68A54 1999

Basic Legal Encyclopedias

More Exhaustive Legal Encyclopedias for Lawyers

Other Works

  • American Law Reports (ALR) West Group.
    ALR collects and analyzes key cases from all US jurisdictions that are focused on specific topics, and summarizes the important information about the cases to illustrate the current court interpretation of specific statutes or points of law. These volumes are available in print but for easier use and the most up-to-date information, use     Westlaw Campus Research.
  • Morrison, Minion K.C. African Americans and Political Participation: A reference handbook.
    LOCATION: McKeldin Reference Stacks
    CALL NUMBER: E185.A2538 2003
  • Jackson, Cynthia L. African American Education: a reference handbook
    LOCATION: McKeldin Reference Stacks
    CALL NUMBER: LC2741.J33 2001
  • Mitchell, Evangeline M. The African American pre-law advice guide: things you really should know before applying to law school
    LOCATION: Mckeldin Reference -- Index Table
    CALL NUMBER: KF285.M57 2001
  • Deschenaux, Joanne, T. and others, eds. Maryland Damages. Bernan's Case Summaries. Lanham, MD: Bernan Press, 1998.
    LOCATION: McKeldin Reference Stacks
    CALL NUMBER: KFM1395.A59M365 1998
  • Deschenaux, Joanne, T. and others, eds. Maryland Family Law. Bernan's Case Summaries. Lanham, MD: Bernan Press, 1998.
    LOCATION: Hornbake Maryland Room, Maryland Reference
    CALL NUMBER: KFM1761.A58M37 1998
  • Eng, Vincent A., and others, eds. Maryland Criminal Law. Bernan's Case Summaries. Lanham, MD: Bernan Press, 1998.
    LOCATION: McKeldin Reference Stacks
    CALL NUMBER: KFM1761.A59M37 1998
  • Jermyn, Pamela A., Steven Douglas Najarian, and James J. Patton, eds. Maryland Tort Law. Bernan's Case Summaries. Lanham, MD: Bernan Press, 1997.
    LOCATION: McKeldin Reference Stacks
    CALL NUMBER: KFM1395.A59M37 1997
  • Mary Miles Prince. Bieber's Dictionary of Legal Abbreviations. Prince's 5th ed. Buffalo, NY: W.S. Hein, 2001.
    LOCATION: McKeldin Reference, Quick Reference Shelf
    CALL NUMBER: KF246.B46 2001
  • Statsky, William P, et al. West's Legal Desk Reference. St. Paul: West Pub. Co., 1991.
    Includes some abbreviations, basic citing guidelines, definitions of some legal terms, legal directory information, and guidance for legal practitioners.
    LOCATION: McKeldin Reference, Quick Reference Shelf
    CALL NUMBER: KF387.W492 1991
  • Leiter, Richard A., Ed. National Survey of States Laws. Detroit: Thomson Gale, 2003.
    Provides summaries for all 50 states' laws; the chapter on family laws contains information about abortion, adoption, annulment and prohibited marriage, child abuse, child custody, grounds for divorce, marital property, marriage age requirements, and protective orders.
    LOCATION: McKeldin Reference Stacks
    CALL NUMBER: KF386 .N38 2003

Web Sites

  • LII: Legal Information Institute
    Cornell Law School site with information on laws by topic (example: family law), and constitutions and codes, court decisions, and law by source or jurisdiction.
    http://www.law.cornell.edu/wex
  • Library of Congress Guide to Law Online
    An exhaustive guide to legal resources that are available online for free. Primarily provides links to online legal documents, but also includes some subject-specific tips and research guidance from the law librarians at the Library of Congress and others.
    http://www.loc.gov/law/guide/index.html
  • Cornell Legal Research Encyclopedia
    A collection of links to legal information, organized by broad subject.
    http://www.lawschool.cornell.edu/library/encyclopedia
  • Findlaw
    Comprehensive site with a legal subject index (example: Communications Law) and information on federal, state and foreign law. Click on "Practice Areas" for a list -- not much editorial control here, so be careful.
    http://www.findlaw.com
  • NOLO Legal Encyclopedia
    Plain-language encyclopedia intended for non-lawyers, published by a company that sells do-it-yourself law materials.
    http://www.nolo.com/encyclopedia/index.html

Databases

  • Westlaw Campus Research (need to agree to license restrictions before accessing)
    Includes Am Jur 2d, ALR, and law reviews as well as published federal and state case opinions. Integrates secondary and primary resources well.
  • LexisNexis Academic
    Legal Research section has full-text of law reviews and legal newspapers, newsletters and magazines, federal and state case law, Shepard's citations for US Supreme Court cases, federal code and regulations, and state code. "Get a case" section is quickest way to find any U.S. published court decision if you know party names or citation. It also has mostly full-text access to US and international newspapers (including the Washington Post and the New York Times), journals, wire services, and news transcripts.
  • Academic Search Premier
    Abstracts and some full-text articles from scholarly journals in many disciplines; includes articles from some law reviews.
  • CQ Researcher
    Full-text coverage of the CQ (Congressional Quarterly) Researcher publication from 1992 to the present. Each weekly issue covers a "hot" public policy issue in depth, with extensive background information and lengthy bibliographies.
  • International Index to Black Periodicals
    Includes indexing for many black newspapers and magazines from around the world, as well as full text coverage of 40 core journals in the field.
 

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Last modified: February 06, 2008

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