Research Guide for Ensuring Summer Success

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• I was asked to look into whether a sentencing guideline departure would be appropriate in a case.
  I was asked to look into whether a sentencing guideline departure would be appropriate in a case.
  -- For something like this, you would want to look at what the relevant guidelines are, how judges in the same jurisdiction had examined the issue previously, and possibly whether there was any relevant commentary on the guidelines you have determined to be relevant. There are numerous secondary sources you could look at for this type of issue, but for federal law the best place to start would be the Federal Sentencing Guidelines Manual. Yet another great resource would be Federal Sentencing Law and Practice (Westlaw).
• I had to research an issue of fair housing law. Specifically, I needed to determine whether a homeless shelter could have a religious preference for admission.
  I had to research an issue of fair housing law. Specifically, I needed to determine whether a homeless shelter could have a religious preference for admission.
  -- You would definitely want to start with secondary sources for something like this, because you’re going to have to cross-reference between housing law and protection of religion laws (RFRA, etc.). Also you’re going to need to find out what the applicable definition of a homeless shelter is.
• Does burning something attached to a wall qualify as aggravated arson?
  Does burning something attached to a wall qualify as aggravated arson?
  -- Find the definition in the relevant arson statute and use notes of decisions. This will be more difficult if no case law exists in your state. If that is the case then you have to find out what other things are considered aggravated arson and extrapolate.
• I was asked to write a referee report for my professor's journal.
  I was asked to write a referee report for my professor's journal.
  -- First, research the substantive area of law in relevant secondary sources, and then check JSTOR, HeinOnline, and other databases for preemption.
• I was supposed to look for a case where a court said a particular DNA match ratio (say, 1:10,000) was probative. Unsurprisingly, courts are generally unwilling to quantify when a ratio is significant and when it is not.
  I was supposed to look for a case where a court said a particular DNA match ratio (say, 1:10,000) was probative. Unsurprisingly, courts are generally unwilling to quantify when a ratio is significant and when it is not.
  -- Try starting with books/articles on use of DNA matches in the particular factual context you are looking at. You’d be more likely to find good vocabulary to search with that way, and maybe one of the sources would talk about particular cases and then you’d have somewhere better to start.
• I was asked to determine whether case law in this jurisdiction had touched a particular kind of search, in terms of the 4th Amendment.
  I was asked to determine whether case law in this jurisdiction had touched a particular kind of search, in terms of the 4th Amendment.
  -- To begin, try going to a secondary source on the 4th amendment. Examples include:
  -- Search and Seizure: A Treatise on the Fourth Amendment by Wayne LaFave (Westlaw)
  -- Search and Seizure by John Wesley Hall (Lexis Advance)
• I had to compare precedent in three states related to a particular contract interpretation question
  I had to compare precedent in three states related to a particular contract interpretation question
  -- It depends a little on the states, but your best bet would probably be to start with Westlaw on this, depending on what the particular question was. If it was the kind of question that doesn’t produce good search terms (warranty, etc.) a contracts treatise might identify a few key cases to start with.
• I was asked to look up filing rules in DDC.
  I was asked to look up filing rules in DDC.
  -- First, it's important to realize that "DDC" is referring to the Federal District Court for the District of Columbia. Most courts will have their local rules posted on their own website, so going directly to the source for something like this is usually going to be your best bet.
• I needed to do a legislative history, so I called the firm librarian for help.
  I needed to do a legislative history, so I called the firm librarian for help.
  -- First and foremost, I like where your head's at. It's important to remember that you can always ask a research professional for help, whether it's at your firm or one of the reference librarians at D'Angelo Law Library. As a general rule, the best starting point for any federal legislative history will be ProQuest Legislative Insight. For state legislative histories, the website for the state legislature is usually going to be your best bet.
• Legislative history research on the National Voter Registration Act and Help America Vote Act. Find passages that relate to several specific questions and support or undermine arguments on both sides.
  Legislative history research on the National Voter Registration Act and Help America Vote Act. Find passages that relate to several specific questions and support or undermine arguments on both sides.
  -- Definitely start with ProQuest Legislative Insight. See answer above.
• I had a question about the broker-dealer exemption in securities law.
  I had a question about the broker-dealer exemption in securities law.
  -- For highly specific and technical areas of law like securities law, a specialized database like VitalLaw can really be helpful. Bloomberg Law is also a great bet for specialized subjects, and in particular for topics that sit at the intersection of law and business.
• I had to learn about subrogation for workers' compensation in Illinois.
  I had to learn about subrogation for workers' compensation in Illinois.
  -- Any time you need to research an issue dealing with Illinois law, your best friend is going to be the practice materials published by the Illinois Institute of Continuing Legal Educaction (commonly referred to simply as IICLEs). These subject-specific secondary sources are written by practicing Illinois attorneys for other attorneys, and are excellent overviews of the law in Illinois on most topics.
• Writing a draft order on a motion for summary judgment with respect to a collective bargaining dispute. The dispute centered around succesorship liability, which is a common law doctrine.
  Writing a draft order on a motion for summary judgment with respect to a collective bargaining dispute. The dispute centered around succesorship liability, which is a common law doctrine.
  -- For something like this, you would definitely want to start with a secondary source on labor law. The Labor and Employment Law Practice Center in Bloomberg Law) would be a great starting point.
• I did a lot of tax research, so I would have to look at the Internal Revenue Code, Regulations, Legislative History, and secondary sources to determine if a particular interpretation or application of a provision of the tax code was appropriate.
  I did a lot of tax research, so I would have to look at the Internal Revenue Code, Regulations, Legislative History, and secondary sources to determine if a particular interpretation or application of a provision of the tax code was appropriate.
  -- As we saw above, a specialized database like VitalLaw or Bloomberg Law would probably be the best places to research a highly technical area such as tax law.