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Research methods for law

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Research methods for law

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• ch. 1. Qualitative legal research / Ian Dobinson and Francis Johns
• ch. 2. Quantative legal research / Wing Hong Chui
• ch. 3. Doing ethnographic research : lessons from a case study / Satnam Choongh
• ch. 4. Comparative legal scholarship / Geoffrey Wilson
• ch. 5. Integrating theory and method in the comparative contextual analysis of trial process / Mark Findlay and Ralph Henman
• ch. 6. Researching the landless movement in Brazil / George Meszaros
• ch. 7. Non-empirical discovery in legal scholarship : choosing, researching and writing a traditional scholarly article / Michael Pendleton
• ch. 8. Researching international law / Stephen Hall
• ch. 9. Development of empirical techniques and theory / Mike McConville.

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Legal Research Strategy

Preliminary analysis, organization, secondary sources, primary sources, updating research, identifying an end point, getting help, about this guide.

This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

How to Strategize

Legal research must be comprehensive and precise.  One contrary source that you miss may invalidate other sources you plan to rely on.  Sticking to a strategy will save you time, ensure completeness, and improve your work product. 

Follow These Steps

Running Time: 3 minutes, 13 seconds.

Make sure that you don't miss any steps by using our:

• Legal Research Strategy Checklist

If you get stuck at any time during the process, check this out:

• Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process, by Marsha L. Baum

Understanding the Legal Questions

A legal question often originates as a problem or story about a series of events. In law school, these stories are called fact patterns. In practice, facts may arise from a manager or an interview with a potential client. Start by doing the following:

• Read anything you have been given
• Analyze the facts and frame the legal issues
• Assess what you know and need to learn
• Note the jurisdiction and any primary law you have been given
• Generate potential search terms

Jurisdiction

Legal rules will vary depending on where geographically your legal question will be answered. You must determine the jurisdiction in which your claim will be heard. These resources can help you learn more about jurisdiction and how it is determined:

• Legal Treatises on Jurisdiction
• LII Wex Entry on Jurisdiction

This map indicates which states are in each federal appellate circuit:

Getting Started

Once you have begun your research, you will need to keep track of your work. Logging your research will help you to avoid missing sources and explain your research strategy. You will likely be asked to explain your research process when in practice. Researchers can keep paper logs, folders on Westlaw or Lexis, or online citation management platforms.

Organizational Methods

Tracking with paper or excel.

Many researchers create their own tracking charts.  Be sure to include:

• Search Date
• Topics/Keywords/Search Strategy
• Citation to Relevant Source Found
• Save Locations
• Follow Up Needed

Consider using the following research log as a starting place: 

• Sample Research Log

Tracking with Folders

Westlaw and Lexis offer options to create folders, then save and organize your materials there.

• Lexis Advance Folders
• Westlaw Edge Folders

Tracking with Citation Management Software

For long term projects, platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful. These are good tools to keep your research well organized. Note, however, that none of these platforms substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

• Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Sep 12, 2023 246 views this year

Types of Sources

There are three different types of sources: Primary, Secondary, and Tertiary.  When doing legal research you will be using mostly primary and secondary sources.  We will explore these different types of sources in the sections below.

Secondary sources often explain legal principles more thoroughly than a single case or statute. Starting with them can help you save time.

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

Consider the following when deciding which type of secondary source is right for you:

• Scope/Breadth
• Depth of Treatment
• Currentness/Reliability

For a deep dive into secondary sources visit:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Apr 12, 2024 4260 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

Legal dictionaries are similar to other dictionaries that you have likely used before.

• Black's Law Dictionary
• Ballentine's Law Dictionary

Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.  

Here are the two major national encyclopedias:

• American Jurisprudence (AmJur) This resource is also available in Westlaw & Lexis .
• Corpus Juris Secundum (CJS)

Treatises are books on legal topics.  These books are a good place to begin your research.  They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

It is important to check the date when the treatise was published. Many are either not updated, or are updated through the release of newer editions.

To find a relevant treatise explore:

• Legal Treatises by Subject by Catherine Biondo Last Updated Apr 12, 2024 3204 views this year

American Law Reports (ALR)

American Law Reports (ALR) contains in-depth articles on narrow topics of the law. ALR articles, are often called annotations. They provide background, analysis, and citations to relevant cases, statutes, articles, and other annotations. ALR annotations are invaluable tools to quickly find primary law on narrow legal questions.

This resource is available in both Westlaw and Lexis:

• American Law Reports on Westlaw (includes index)
• American Law Reports on Lexis

Law Reviews & Journals

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers. They also contain comments, notes, or developments in the law written by law students. Articles often focus on new or emerging areas of law and may offer critical commentary. Some law reviews are dedicated to a particular topic while others are general. Occasionally, law reviews will include issues devoted to proceedings of panels and symposia.

Law review and journal articles are extremely narrow and deep with extensive references. 

To find law review articles visit:

• Law Journal Library on HeinOnline
• Law Reviews & Journals on LexisNexis
• Law Reviews & Journals on Westlaw

Restatements

Restatements are highly regarded distillations of common law, prepared by the American Law Institute (ALI). ALI is a prestigious organization comprised of judges, professors, and lawyers. They distill the "black letter law" from cases to indicate trends in common law. Resulting in a “restatement” of existing common law into a series of principles or rules. Occasionally, they make recommendations on what a rule of law should be.

Restatements are not primary law. However, they are considered persuasive authority by many courts.

Restatements are organized into chapters, titles, and sections.  Sections contain the following:

• a concisely stated rule of law,
• comments to clarify the rule,
• hypothetical examples,
• explanation of purpose, and
• exceptions to the rule  

To access restatements visit:

• American Law Institute Library on HeinOnline
• Restatements & Principles of the Law on LexisNexis
• Restatements & Principles of Law on Westlaw

Primary Authority

Primary authority is "authority that issues directly from a law-making body."   Authority , Black's Law Dictionary (11th ed. 2019).   Sources of primary authority include:

• Constitutions
• Statutes 

Regulations

Access to primary legal sources is available through:

• Bloomberg Law
• Free & Low Cost Alternatives

Statutes (also called legislation) are "laws enacted by legislative bodies", such as Congress and state legislatures.  Statute , Black's Law Dictionary (11th ed. 2019).

We typically start primary law research here. If there is a controlling statute, cases you look for later will interpret that law. There are two types of statutes, annotated and unannotated.

Annotated codes are a great place to start your research. They combine statutory language with citations to cases, regulations, secondary sources, and other relevant statutes. This can quickly connect you to the most relevant cases related to a particular law. Unannotated Codes provide only the text of the statute without editorial additions. Unannotated codes, however, are more often considered official and used for citation purposes.

For a deep dive on federal and state statutes, visit:

• Statutes: US and State Codes by Mindy Kent Last Updated Apr 12, 2024 2603 views this year
• 50 State Surveys

Want to learn more about the history or legislative intent of a law?  Learn how to get started here:

• Legislative History Get an introduction to legislative histories in less than 5 minutes.
• Federal Legislative History Research Guide

Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations. However, many areas of law are affected by regulations. So make sure not to skip this step if they are relevant to your question.

To learn more about working with regulations, visit:

• Administrative Law Research by AJ Blechner Last Updated Apr 12, 2024 535 views this year

Case Basics

In many areas, finding relevant caselaw will comprise a significant part of your research. This Is particularly true in legal areas that rely heavily on common law principles.

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

Up to  86% of federal case opinions are unpublished. You must determine whether your jurisdiction will consider these unpublished cases as persuasive authority. The Federal Rules of Appellate Procedure have an overarching rule, Rule 32.1  Each circuit also has local rules regarding citations to unpublished opinions. You must understand both the Federal Rule and the rule in your jurisdiction.

• Federal and Local Rules of Appellate Procedure 32.1 (Dec. 2021).
• Type of Opinion or Order Filed in Cases Terminated on the Merits, by Circuit (Sept. 2021).

Each state also has its own local rules which can often be accessed through:

• State Bar Associations
• State Courts Websites

First Circuit

• First Circuit Court Rule 32.1.0

Second Circuit

• Second Circuit Court Rule 32.1.1

Third Circuit

• Third Circuit Court Rule 5.7

Fourth Circuit

• Fourth Circuit Court Rule 32.1

Fifth Circuit

• Fifth Circuit Court Rule 47.5

Sixth Circuit

• Sixth Circuit Court Rule 32.1

Seventh Circuit

• Seventh Circuit Court Rule 32.1

Eighth Circuit

• Eighth Circuit Court Rule 32.1A

Ninth Circuit

• Ninth Circuit Court Rule 36-3

Tenth Circuit

• Tenth Circuit Court Rule 32.1

Eleventh Circuit

• Eleventh Circuit Court Rule 32.1

D.C. Circuit

• D.C. Circuit Court Rule 32.1

Federal Circuit

• Federal Circuit Court Rule 32.1

Finding Cases

Headnotes show the key legal points in a case. Legal databases use these headnotes to guide researchers to other cases on the same topic. They also use them to organize concepts explored in cases by subject. Publishers, like Westlaw and Lexis, create headnotes, so they are not consistent across databases.

Headnotes are organized by subject into an outline that allows you to search by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic. This can help you identify particularly important cases on the relevant subject.

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

• Topic Navigator (Lexis)
• Key Digest System (Westlaw)

Start by identifying a relevant topic in a digest.  Then you can limit those results to your jurisdiction for more relevant results.  Sometimes, you can keyword search within only the results on your topic in your jurisdiction.  This is a particularly powerful research method.

One Good Case Method

After following the steps above, you will have identified some relevant cases on your topic. You can use good cases you find to locate other cases addressing the same topic. These other cases often apply similar rules to a range of diverse fact patterns.

• in Lexis click "More Like This Headnote"
• in Westlaw click "Cases that Cite This Headnote"

to focus on the terms of art or key words in a particular headnote. You can use this feature to find more cases with similar language and concepts.  ​

Ways to Use Citators

A citator is "a catalogued list of cases, statutes, and other legal sources showing the subsequent history and current precedential value of those sources.  Citators allow researchers to verify the authority of a precedent and to find additional sources relating to a given subject." Citator , Black's Law Dictionary (11th ed. 2019).

Each major legal database has its own citator.  The two most popular are Keycite on Westlaw and Shepard's on Lexis.

• Keycite Information Page
• Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

For step-by-step instructions on how to use Keycite and Shepard's see the following:

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• KeyCite Video Tutorial
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary

Using Citators For

Citators serve three purposes: (1) case validation, (2) better understanding, and (3) additional research.

Case Validation

Is my case or statute good law?

• Parallel citations
• Prior and subsequent history
• Negative treatment suggesting you should no longer cite to holding.

Better Understanding

Has the law in this area changed?

• Later cases on the same point of law
• Positive treatment, explaining or expanding the law.
• Negative Treatment, narrowing or distinguishing the law.

Track Research

Who is citing and writing about my case or statute?

• Secondary sources that discuss your case or statute.
• Cases in other jurisdictions that discuss your case or statute.

Knowing When to Start Writing

For more guidance on when to stop your research see:

• Terminating Research, by Christina L. Kunz

Automated Services

Automated services can check your work and ensure that you are not missing important resources. You can learn more about several automated brief check services.  However, these services are not a replacement for conducting your own diligent research .

• Automated Brief Check Instructional Video

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• Last Updated: Sep 21, 2023 2:56 PM
• URL: https://guides.library.harvard.edu/law/researchstrategy

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1 Introduction: Legal Research Methodology, Purposes, and Footsteps

• Published: January 2020
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The first chapter introduces the subject by explaining key words like research, legal research, method, and methodology. By linking knowledge with research, it brings out the purposive character of knowledge influencing research. It lists various objectives of legal research such as exploration, description, historical explanation, law reform, prediction, and publication, briefly explaining each. It traces the historical development of legal research in India thorugh ancient, medieval, colonial, and modern times. It finds that legal research became systematic and wide spread only along with orderly growth of legal education. Finally, it catalogues diverse methods of legal research under the categories of doctrinal, non-doctrinal, and integrated methods of legal research. Reader gets a basic idea about legal research, its past, present, and future potentiality and a glimpse of its wider canvas.

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Legal Dissertation: Research and Writing Guide

About this guide, video on choosing a topic, tools on westlaw, lexis and bloomberg, circuit splits, research methodologies, additional methodology resources, conducting a literature review, beginning research, writing style guides, citation guides, ask a librarian.

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About This Page

Choosing a topic can be one of the most challenging aspects of writing an extensive paper. This page has resources to help you find topics and inspiration, before you get started on the in-depth research process.

Related Guides

Citation and Writing Resources

Legal Research Tutorials

Secondary Sources for Legal Research

Methods of Finding Cases

Methods of Finding Statutes

Current Awareness and Alerting Resources

Compiling State Legislative Histories

Locating International and Foreign Law Journals

This guide contains resources to help students researching and writing a legal dissertation or other upper-level writing project. Some of the resources in this guide are directed at researching and writing in general, not specifically on legal topics, but the strategies and tips can still be applied.

The Law Library maintains a number of other guides on related skills and topics that may be of interest:

The Wells Library also maintains guides. A few that may be helpful for managing research can be found here:

Choosing a Topic

This video discusses tips and strategies for choosing a dissertation topic.

Note: this video is not specific to legal dissertation topics, but it may still be of interest as an overview generally.

The Bloomberg/BNA publication United States Law Week can be a helpful resource for tracking down the major legal stories of the day.  Log into Bloomberg Law, in the big search box, start typing United States Law Week and the title will appear in the drop down menu beneath the box. This publication provides coverage of top legal news stories, and in-depth "insight" features.

If you have a general idea of the area of law you wish to write about, check out the Practice Centers on Bloomberg. From the homepage, click the Browse link in the top left-hand corner. Then select Practice Centers and look for your area of law. Practice Centers are helpful because they gather cases, statutes, administrative proceedings, news, and more on the selected legal area.

Bloomberg has other news sources available as well. From the homepage, click the Browse link in the top left-hand corner. Then select News and Analysis, then select News or Analysis, and browse the available topics.

If you know what area of law you'd like to write about, you may find the Browse Topics feature in Lexis Advance helpful for narrowing down your topic. 

Log into Lexis Advance, click the Browse Topics tab, and select a topic.  If you don't see your topic listed, try using the provided search bar to see whether your topic is categorized as a sub-topic within this list. 

Once you click on a topic, a box pops up with several options.  If you click on Get Topic Document, you'll see results listed in a number of categories, including Cases, Legislation, and more.  The News and Legal News categories at the right end of the list may help you identify current developments of interest for your note.  Don't forget about the filtering options on the left that will allow you to search within your results, narrow your jurisdiction, and more.

Similar to Lexis Advance, Westlaw Edge has a Topics tab that may be helpful if you know what area of law you'd like to write about.

Log onto Westlaw Edge, and click on the Topics tab.  This time, you won't be able to search within this list, so if you're area is not listed, you should either run a regular search from the main search bar at the top or try out some of the topics listed under this tab - once you click on a topic, you can search within its contents.

What is great about the Topics in Westlaw Edge is the Practitioner Insights page you access by clicking on a topic.  This is an information portal that allows you quick access to cases, legislation, top news, and more on your selected topic.

In United States federal courts, a circuit split occurs whenever two or more circuit courts of appeals issue conflicting rulings on the same legal question. Circuit splits are ripe for legal analysis and commentary because they present a situation in which federal law is being applied in different ways in different parts of the country, even if the underlying litigants themselves are otherwise similarly situated. The Supreme Court also frequently accepts cases on appeal that involve these types of conflicted rulings from various sister circuits.

To find a circuit split on a topic of interest to you, try searching on Lexis and Westlaw using this method:

in the search box, enter the following: (circuit or court w/s split) AND [insert terms or phrases to narrow the search]

You can also browse for circuit splits on Bloomberg. On the Bloomberg homepage, in the "Law School Success" box, Circuit Splits Charts appear listed under Secondary Sources.

Other sources for circuit splits are American Law Reports (ALR) and American Jurisprudence (AmJur). These publications provide summaries of the law, point out circuit splits, and provide references for further research.

"Blawgs" or law-related blogs are often written by scholars or practitioners in the legal field.  Ordinarily covering current events and developments in law, these posts can provide inspiration for note topics.  To help you find blawgs on a specific topic, consider perusing the ABA's Blawg Directory or Justia's Blawg Search .

Research Methodology

Types of research methodologies.

There are different types of research methodologies. Methodology refers to the strategy employed in conducting research. The following methodologies are some of the most commonly used in legal and social science research.

Doctrinal legal research methodology, also called "black letter" methodology, focuses on the letter of the law rather than the law in action. Using this method, a researcher composes a descriptive and detailed analysis of legal rules found in primary sources (cases, statutes, or regulations). The purpose of this method is to gather, organize, and describe the law; provide commentary on the sources used; then, identify and describe the underlying theme or system and how each source of law is connected.

Doctrinal methodology is good for areas of law that are largely black letter law, such as contract or property law. Under this approach, the researcher conducts a critical, qualitative analysis of legal materials to support a hypothesis. The researcher must identify specific legal rules, then discuss the legal meaning of the rule, its underlying principles, and decision-making under the rule (whether cases interpreting the rule fit together in a coherent system or not). The researcher must also identify ambiguities and criticisms of the law, and offer solutions. Sources of data in doctrinal research include the rule itself, cases generated under the rule, legislative history where applicable, and commentaries and literature on the rule.

This approach is beneficial by providing a solid structure for crafting a thesis, organizing the paper, and enabling a thorough definition and explanation of the rule. The drawbacks of this approach are that it may be too formalistic, and may lead to oversimplifying the legal doctrine.

Comparative

Comparative legal research methodology involves critical analysis of different bodies of law to examine how the outcome of a legal issue could be different under each set of laws. Comparisons could be made between different jurisdictions, such as comparing analysis of a legal issue under American law and the laws of another country, or researchers may conduct historical comparisons.

When using a comparative approach be sure to define the reasons for choosing this approach, and identify the benefits of comparing laws from different jurisdictions or time periods, such as finding common ground or determining best practices and solutions. The comparative method can be used by a researcher to better understand their home jurisdiction by analyzing how other jurisdictions handle the same issue. This method can also be used as a critical analytical tool to distinguish particular features of a law. The drawback of this method is that it can be difficult to find material from other jurisdictions. Also, researchers should be sure that the comparisons are relevant to the thesis and not just used for description.

This type of research uses data analysis to study legal systems. A detailed guide on empirical methods can be found here . The process of empirical research involves four steps: design the project, collect and code the data, analyze the data, determine best method of presenting the results. The first step, designing the project, is when researchers define their hypothesis and concepts in concrete terms that can be observed. Next, researchers must collect and code the data by determining the possible sources of information and available collection methods, and then putting the data into a format that can be analyzed. When researchers analyze the data, they are comparing the data to their hypothesis. If the overlap between the two is significant, then their hypothesis is confirmed, but if there is little to no overlap, then their hypothesis is incorrect. Analysis involves summarizing the data and drawing inferences. There are two types of statistical inference in empirical research, descriptive and causal. Descriptive inference is close to summary, but the researcher uses the known data from the sample to draw conclusions about the whole population. Causal inference is the difference between two descriptive inferences.

Two main types of empirical legal research are qualitative and quantitative.

Quantitative, or numerical, empirical legal research involves taking information about cases and courts, translating that information into numbers, and then analyzing those numbers with statistical tools.

Qualitative, or non-numerical, empirical legal research involves extracting  information from the text of court documents, then interpreting and organizing the text into categories, and using that information to identify patterns.

Drafting The Methodology Section

This is the part of your paper that describes the research methodology, or methodologies if you used more than one. This section will contain a detailed description of how the research was conducted and why it was conducted in that way. First, draft an outline of what you must include in this section and gather the information needed.

Generally, a methodology section will contain the following:

• Statement of research objectives
• Reasons for the research methodology used
• Description and rationale of the data collection tools, sampling techniques, and data sources used, including a description of how the data collection tools were administered
• Discussion of the limitations
• Discussion of the data analysis tools used

Be sure that you have clearly defined the reasoning behind the chosen methodology and sources.

• Legal Reasoning, Research, and Writing for International Graduate Students Nadia E. Nedzel Aspen (2004) A guide to American legal research and the federal system, written for international students. Includes information on the research process, and tips for writing. Located in the Law Library, 3rd Floor: KF 240 .N43 2004.
• Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Mark van Hoecke Oxford (2013) This book examines different methods of legal research including doctrinal, comparative, and interdisciplinary. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 235 .M476 2013. IU students may request item via IUCAT.
• An Introduction to Empirical Legal Research Lee Epstein and Andrew D. Martin Oxford University Press (2014) This book includes information on designing research, collecting and coding data, analyzing data, and drafting the final paper. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 85 .E678 2014. IU students may request item via IUCAT.
• Emplirical Legal Studies Blog The ELS blog was created by several law professors, and focuses on using empirical methods in legal research, theory, and scholarship. Search or browse the blog to find entries on methodology, data sources, software, and other tips and techniques.

Literature Review

The literature review provides an examination of existing pieces of research, and serves as a foundation for further research. It allows the researcher to critically evaluate existing scholarship and research practices, and puts the new thesis in context. When conducting a literature review, one should consider the following: who are the leading scholars in the subject area; what has been published on the subject; what factors or subtopics have these scholars identified as important for further examination; what research methods have others used; what were the pros and cons of using those methods; what other theories have been explored.

The literature review should include a description of coverage. The researcher should describe what material was selected and why, and how those selections are relevant to the thesis. Discuss what has been written on the topic and where the thesis fits in the context of existing scholarship. The researcher should evaluate the sources and methodologies used by other researchers, and describe how the thesis different.

The following video gives an overview of conducting a literature review.

Note: this video is not specific to legal literature, however it may be helpful as a general overview.

Not sure where to start? Here are a few suggestions for digging into sources once you have selected a topic.

Research Guides

Research guides are discovery tools, or gateways of information. They pull together lists of sources on a topic. Some guides even offer brief overviews and additional research steps specifically for that topic. Many law libraries offer guides on a variety of subjects. You can locate guides by visiting library websites, such as this Library's site , the Law Library of Congress , or other schools like Georgetown . Some organizations also compile research guides, such as the American Society of International Law . Utilizing a research guide on your topic to generate an introductory source list can save you valuable time.

Secondary Sources

It is often a good idea to begin research with secondary sources. These resources summarize, explain, and analyze the law. They also provide references to primary sources and other secondary sources. This saves you time and effort, and can help you quickly identify major themes under your topic and help you place your thesis in context.

Encyclopedias provide broad coverage of all areas of the law, but do not go in-depth on narrow topics, or discuss differences by jurisdiction, or  include all of the pertinent cases. American Jurisprudence ( AmJur ) and Corpus Juris Secundum ( CJS ) have nationwide coverage, while the Indiana Law Encyclopedia focuses on Indiana state law. A number of other states also have their own state-specific encyclopedias.

American Law Reports ( ALR ) are annotations that synopsize various cases on narrow legal topics. Each annotation covers a different topic, and provides a leading or typical case on the topic, plus cases from different jurisdictions that follow different rules, or cases where different facts applying the same rule led to different outcomes. The annotations also refer to other secondary sources.  

Legal periodicals include several different types of publications such as law reviews from academic institutions or organizations, bar journals, and commercial journals/newspapers/newsletters. Legal periodicals feature articles that describe the current state of the law and often explore underlying policies. They also critique laws, court decisions, and policies, and often advocate for changes. Articles also discuss emerging issues and notify the profession of new developments. Law reviews can be useful for in-depth coverage on narrow topics, and references to primary and other secondary sources. However, content can become outdated and researchers must be mindful of biases in articles. 

Treatises/Hornbooks/Practice Guides are a type of secondary source that provides comprehensive coverage of a legal subject. It could be broad, such as a treatise covering all of contract law, or very narrow such as a treatise focused only on search and seizure cases. These sources are good when you have some general background on the topic, but you need more in-depth coverage of the legal rules and policies. Treatises are generally well organized, and provide you with finding aids (index, table of contents, etc.) and extensive footnotes or endnotes that will lead you to primary sources like cases, statutes, and regulations. They may also include appendices with supporting material like forms. However, treatises may not be updated as frequently as other sources and may not cover your specific issue or jurisdiction.

Citation and Writing Style

• Legal Writing in Plain English Bryan A. Garner University of Chicago Press, 2001. Call # KF 250 .G373 2001 Location: Law Library, 3rd Floor Provides lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this book offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. This guide uses real-life writing samples that Garner has gathered through decades of teaching experience. Includes sets of basic, intermediate, and advanced exercises in each section.
• The Elements of Legal Style Bryan A. Garner Oxford University Press, 2002. Call # KF 250 .G37 2002 Location: Law Library, 1st Floor, Reference This book explains the full range of what legal writers need to know: mechanics, word choice, structure, and rhetoric, as well as all the special conventions that legal writers should follow in using headings, defined terms, quotations, and many other devices. Garner also provides examples from highly regarded legal writers, including Oliver Wendell Holmes, Clarence Darrow, Frank Easterbrook, and Antonin Scalia.
• Grammarly Blog Blog featuring helpful information about quirks of the English language, for example when to use "affect" or "effect" and other tips. Use the search feature to locate an article relevant to your grammar query.
• Plain English for Lawyers Richard C. Wydick Carolina Academic Press, 2005. Call # KF 250 .W9 2005 Location: Law Library, 3rd Floor Award-winning book that contains guidance to improve the writing of lawyers and law students and to promote the modern trend toward a clear, plain style of legal writing. Includes exercises at the end of each chapter.
• The Chicago Manual of Style University of Chicago Press, 2010. Call # Z 253 .U69 2010 Location: Law Library, 2nd Floor While not addressing legal writing specifically, The Chicago Manual of Style is one of the most widely used and respected style guides in the United States. It focuses on American English and deals with aspects of editorial practice, including grammar and usage, as well as document preparation and formatting.
• The Chicago Manual of Style (Online) Bryan A. Garner and William S. Strong The University of Chicago Press, 2017. Online edition: use the link above to view record in IUCAT, then click the Access link (for IU students only).
• The Bluebook Compiled by the editors of the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal. Harvard Law Review Association, 2015. Call # KF245 .B58 2015 Location: Law Library, 1st Floor, Circulation Desk The Bluebook: A Uniform System of Citation is a style guide that prescribes the most widely used legal citation system in the United States. The Bluebook is taught and used at a majority of U.S. law schools, law reviews and journals, and used in a majority of U.S. federal courts.
• User's Guide to the Bluebook Alan L. Dworsky William S. Hein & Co., Inc., 2015. Call # KF 245 .D853 2015 Location: Law Library, Circulation Desk "This User's Guide is written for practitioners (law students, law clerks, lawyers, legal secretaries and paralegals), and is designed to make the task of mastering citation form as easy and painless as possible. To help alleviate the obstacles faced when using proper citation form, this text is set up as a how-to manual with a step-by-step approach to learning the basic skills of citation and includes the numbers of the relevant Bluebook rules under most chapter subheadings for easy reference when more information is needed"--Provided by the publisher.
• Legal Citation in a Nutshell Larry L. Teply West Academic Publishing, 2016. Call # KF 245 .T47 2016 Location: Law Library, 1st Floor, Circulation Desk This book is designed to ease the task of learning legal citation. It initially focuses on conventions that underlie all accepted forms and systems of legal citation. Building on that understanding and an explanation of the “process” of using citations in legal writing, the book then discusses and illustrates the basic rules.
• Introduction to Basic Legal Citation (Online) Peter W. Martin Cornell Legal Information Institute, 2017. Free online resource. Includes a thorough review of the relevant rules of appellate practice of federal and state courts. It takes account of the latest edition of The Bluebook, published in 2015, and provides a correlation table between this free online citation guide and the Bluebook.
• Last Updated: Oct 24, 2019 11:00 AM
• URL: https://law.indiana.libguides.com/dissertationguide

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How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions — that is, case law — to back up a legal argument they are making in a motion or brief filed with the court.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

• Case law, which are court opinions or decisions issued by federal or state courts
• Statutes, including legislation passed by both the U.S. Congress and state lawmakers
• Regulations, including those issued by either federal or state agencies
• Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

• Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
• Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

• Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

• A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
• A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
• A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
• The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

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The Research Method: Law Reform Design

• First Online: 18 October 2019

Cite this chapter

• Kristina Loguinova 4  

Part of the book series: Economic and Financial Law & Policy – Shifting Insights & Values ((EFLP,volume 4))

322 Accesses

Due to the criticism of Critical Legal Studies coming down to nothing more than nihilism, the third chapter of the first part of this monograph identifies law reform design as the most appropriate research method for answering research questions from a Critical Legal Studies’ perspective. Namely, law reform design provides for the opportunity to formulate constructive solutions instead of engaging in critique for the sake of critique. Also, this chapter suggest to make a distinction between a micro and macro design of law reform.

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Gordon ( 1998 ), p. 87; Williams ( 2011 ), p. 374; Williams (1987), pp. 431–496; Caudill ( 1987 ), pp. 292–292; Kelman ( 1987 ), p. 9; Rabinowitz (1998), p. 681; Hutchinson and Monahan ( 1984 ), p. 236; Schlag (2009), p. 298; Gabel ( 2009 ), p. 519. To set the tone for the following chapter it seems appropriate to quote Freeman on the nihilist allegation. “The goal of trashing, however, is not liberation into nihilist resignation. I am no nihilist. If anything, I might be more justly accused of having utopian tendencies. The point of delegitimation is to expose possibilities more truly expressing reality, possibilities of fashioning a future that might at least partially realize a substantive notion of justice instead of the abstract, rightsy, traditional, bourgeois notions of justice that generate so much of the contradictory scholarship.”: Freeman ( 1981 ), p. 1230.

Hunt ( 1987 ), p. 7. A similar point has been made by Schwartz: Schwartz ( 1984 ), p. 422.

Russell ( 1986 ), p. 3.

Fischl ( 1992 ), pp. 783–805. Indeed, by solely trashing ( unfreezing the world as it now appears) a Crit engages in a liberating and creating activity to encourage imagination and innovation. That is, not a completely worthless and useless activity per se: Hutchinson ( 1989 ), p. 8; Hutchinson and Monahan ( 1984 ), pp. 227–228. Crits are in other words not obsessed with normative questions in concern to what to do next (a form of neurotic projection): Fischl ( 1992 ), pp. 783–805.

Gordon ( 1998 ), p. 83.

Gordon ( 1998 ), p. 83 (personally added underlineation). Zamboni has also spoken encouragingly of Crits engaging in concrete project of reconstruction after they finish with trashing. Namely, “[o]nce free from the traditional formalistic legal barriers erected between the law and politics, CLS legal scholar should then not be indifferent to the type of [ideology] the legal order ought to implement in society. In other words, she should primarily charge her investigation with political indications of the type of [ideology] the law-making should implement.”: Zamboni ( 2008 ), p. 77.

Namely, CLS “has now been around sufficiently long that is must (…) pass beyond the stage of debunking and trashing (…) [it should] grapple with the problems of advancing (…) alternative[s]”: Hunt ( 1987 ), p. 7 (personally added underlineation).

Hutchinson and Monahan ( 1984 ), p. 227 (personally added underlineation).

Hessel ( 2013 ), pp. 30–70.

Silbey and Sarat (2008), p. 502.

Fischl ( 1992 ), pp. 780–820.

The research method represents the central relationship between the main research question of a research and the (overall) strategy that enables the provision of an answer to this question. Moreover, the research method emphasises the function of the research. Taking my main research question into account, it is safe to say that the function of my research (my research method) is design. The research method of design is about proposing a change or solution to solve a problem or to improve a situation. Design is intrinsically linked to the evaluation of a (problematic) situation: Tijssen ( 1961 ), pp. 53–59. Bakshi has remarked that designing proposals for law reform either result as a by-product of the undertaken research or as the manifestation of an intention that has been specified in the beginning the research (the latter being my case): Bakshi (2001), p. 111. When the latter option is opted for, the research “is undertaken with a definite end, namely, making suggestions for improvements in the law on concrete and easily identifiable matters and the formulation of those proposals in precise terms.”: Bakshi (2001), p. 111. This process of conducting a research with the intention to design proposals of law reform generally involves slightly more than just evaluation according to Bakshi. It involves the analysis of the existing law; a historical examination (finding out what the previous law looked like in order to understand how and why it changed); a comparison; a statistical examination (if statistics are available); and a critical examination (finding out the defects or problems in the existing law on the basis of which reforms are suggested: Bakshi (2001), p. 113. The research method of design has been utilized in legal research (see Chap. 4 ) but is gaining more and more prominence outside the legal context. Examples of scholars who have designed alternative ways to structure the current political economy or alternative parts of the current political economy include the Skydelskys, Bregman and Mason: Skidelsky and Skidelsky ( 2013 ), pp. 11–218; Bregman ( 2017 ), pp. 33–72; Mason ( 2016 ), pp. 263–292.

Marano and Siri ( 2017 ), p. 16; Focarelli (2017), p. 354.

Van Hoecke ( 2011 ), p. v . To clarify, “[e]valuative scholarship is in some way providing an assessment of the way the (legal) world is , and, either implicitly or explicitly, subjecting the law to appraisal either from the point of view of coherence with earlier law , other areas of law, or from an external viewpoint and where shortfalls are identified , suggesting how things might be improved .”: Cryer et al. ( 2011 ), p. 9 (personally added underlineation). Cryer et al. ( 2011 ), p. 9.

Wendt ( 2008 ), p. 144.

Wendt ( 2008 ), pp. 132–144.

Gordon (1989), p. 384.

This assumption is shared by the legal method of comparative law. That is, “[c]omparative law is an ‘école de vérité’ which extends and enriches the ‘supply of solutions’ (Zitelmann) and offers the scholar of critical capacity the opportunity of finding the ‘better solution’ for his time and place.”: Zweigert and Kötz ( 1994 ), p. 15 (personally added underlineation).

Tushnet ( 2011 ), p. 299; Kennedy ( 1985 ), p. 1031; Hutchinson ( 1989 ), p. 10.

It needs to be specified that my comparison, borrowing from the legal method of comparative law, is based on the principle of functionality . The principle of functionality dictates that a question to which a comparison is devoted must be posed in functional terms. It must concern a concrete problem without a reference to concepts from either one of the sources that are compared: Zweigert and Kötz ( 1994 ), pp. 30–33. In my case, the concrete problem on which the comparison is based is ideology . I also need to specify that my research is not primarily using the method of comparative law since this method assumes a dimension of internationalism: Zweigert and Kötz ( 1994 ), p. 2. This dimension of internationalism is not the main focus of my comparison that primarily concerns Solvency II and its predecessor, i.e. my comparison takes place in the framework of one legal system (the EU legal system). However, Van Gerven and Lierman have indicated that the requirement of the dimension of internationalism in the method of comparative law is outdated. In the last couple of decades internal comparative law has emerged (as opposed to the comparative law described by Zweigert and Kӧtz which has been labelled as external comparative law by Van Gerven and Lierman) which is concerned with looking beyond the boundaries of a specific field in one legal system (especially in case law): Van Gerven and Lieman ( 2010 ), pp. 137–147.

Indeed, how can one design any alternatives without knowing what the law is and what it was before?: Meyendorff (1933), p. 22.

Fiss ( 1986 ), p. 10. It should be emphasised that my design of an alternative ideology does not aim to claim to be the optimal design of an alternative ideology. It is just one possible option to show that there is nothing natural and inevitable about the existing ideology. Moreover, it is one possible option that should be communicated, debated and pulled apart in society. By emphasising this I am attempting to “be careful to avoid foisting [my] own structure of thought on others”: Hutchinson and Monahan ( 1984 ), p. 229.

Shiffrin ( 2006 ), p. 178. By crafting an alternative decision for Lechmere, Inc. v. NLRB , Shiffrin did not intend to show that the Supreme Court reached the wrong decision. Rather, Shiffrin hoped to show that law should be a conversation about things that matter to us: Shiffrin ( 2006 ), p. 178. In the spirit of methodological trashing, Shiffrin designed an alternative to spark awareness and communication.

Hutchinson and Monahan ( 1984 ), p. 230.

Byttebier ( 2015 ), pp. 5–525. By now this monograph has been translated to English: Byttebier ( 2017 ), pp. vii -501. Now that the English version of this monograph is available, I will refer to it from this point on. Outside of a legal context, the monograph by the Skydelskys about how much is enough is an example of a research employing the method of design of reform. The Skydelskys have namely argued that we have lost touch with the good life and have made propositions (design) to return to it by means of a different social and economic organization. The propositions include the introduction of basic income, the reduction of the pressure to consume and the reduction of advertising: Skidelsky and Skidelsky ( 2013 ), pp. 11–218.

Within the legal method of comparative law such a distinction already exists. Namely, whenever comparative lawyers engage in a comparison of how concrete problems are dealt with in the legal systems of different nations they can do so on a large scale or a on a smaller scale. A comparison on a large is called a macrocomparison whereas a comparison on a smaller scale is called a microcomparison : Zweigert and Kötz ( 1994 ), pp. 4–5.

Hutchinson ( 1989 ), p. 8 (personally added underlineation). Hopeless, in this context seems to signify not “connected in a meaningful way to reality: Austin ( 1998 ), p. 110. Granted that being too abstract is of no use to anyone, being utopian is not necessarily a bad thing. Certainly not if thinking of alternatives and having different visions is utopian. If such is the case, then “CLS should wear the badge of utopianism with pride, for more, not less not-status-quo-oriented thinking is needed.”: Hutchinson ( 1989 ), p. 8. Also, why can’t human beings form a picture of an ideal life or a perfect society and share it with other human beings? Thoughts, debates and dreams are never wasted, especially in today’s information society (see Sect. 3.4.1.4 ): Mason ( 2016 ), pp. xviii–xxi . Moreover, the criticism of utopianism goes either way. Proponents of free markets and TINA can be criticized for being utopian just as much. For those interested in an achievable utopia (and the difference between utopia as a rigid blueprint and utopia as an alternative with the capacity to spark the imagination), see: Bregman ( 2017 ), pp. 1–316.

Schwartz ( 1984 ), p. 428.

Caudill ( 1987 ), p. 355. This vice is particularly dangerous as “the elaboration of grand schemes for future societies runs the danger of simply imposing one more form of ‘alien’ social consciousness.”: Hutchinson ( 1989 ), p. 8. However, there is something to be said for grandiose ideas. According to Bregman, Overton (an American lawyer) asked himself why a lot of good ideas simply don’t get taken seriously in the context of politics. “Overton realized that politicians, provided they want to be reelected, can’t permit themselves viewpoints that are seen as too extreme. In order to hold power, they have to keep their ideas within the margins of what’s acceptable. This window of acceptability is populated by schemes that are rubber-stamped by the experts, tallied up by statistics services, and have good odds of making it into the law books. Anybody who forays outside the ‘Overton window’ faces a rocky road. He or she will quickly be branded as ‘unrealistic’ or ‘unreasonable’ by the media, the fearsome gatekeepers of the window. (…) And yet, despite all this, a society can change completely in a few decades. The Overton Window can shift. A classic strategy for achieving this is to proclaim ideas so shocking and subversive that anything less radical suddenly sounds sensible .”: Bregman ( 2017 ), pp. 254–255 (personally added underlineation). And thus even grandiose ideas have a function. They can pave the way for a better society by making other ideas, more alternative ideologies of how to shape a social order, seem less radical and thus more sensible. A good example of such a strategy within CLS specifically was Kennedy’s proposal to inter alia establish a single salary at the Harvard Law School for everyone (from the janitor to the dean), to implement a rotation system whereby each member of the Harvard Law School would rotate through each job and to implement a system whereby university admission would operate by lot. Kennedy was partly serious about his proposals. The sentiment for the part that he was not serious about revolved around provocation and confounding: Schwartz ( 1984 ), pp. 413–414.

Schwartz ( 1984 ), p. 448.

As such I am trying to be both constructive and concrete. Namely, as Kelman points out, when Crits only trash, they are accused of nihilism. When Crits trash and actually propose alternatives, they are accused of being utopian since they allegedly do not propose concrete steps, i.e. are too vague: Kelman (1989), p. 210. Austin has also mentioned that CLS is either accused of not mentioning solutions (resulting in nihilism) or of being utopian: Austin ( 1998 ), pp. 90–110.

Mason ( 2016 ), p. xiii .

Rickards (2014), p. 292. According to Popper (and Soros, who follows Popper in this matter) it is better to introduce changes on a small (scarcely noticeable) scale rather than to directly propose changes on a large scale as the first assumes graduality which has a larger chance to succeed anything drastic: Rickards (2014), p. 292.

Mason ( 2016 ), p. 277.

Unger (2015), p. 29.

Bibliography

Austin A (1998) The empire strikes back: outsiders and the struggle over legal education. New York University Press, New York

Google Scholar  

Bregman R (2017) Utopia for realists: and how we can get there. Bloomsbury, London

Byttebier K (2015) Nu het gouden kalf verdronken is: Van hebzucht naar altruïsme als hoeksteen voor een Nieuwe Monetaire Wereldorde. Maklu, Antwerp

Byttebier K (2017) Towards a new international monetary order. Springer, Sham

Book   Google Scholar  

Caudill DS (1987) Disclosing tilt: a partial defence of critical legal studies and a comparative introduction to the philosophy of the law-idea. Iowa Law Rev 72:287–359

Cryer R, Hervey T, Sokhi-Bulley B (2011) Research methodologies in EU and international law. Hart, Oxford

Fischl M (1992) The question that killed critical legal studies. Law Soc Inq 17:779–820

Article   Google Scholar  

Fiss OM (1986) Death of the law. Cornell Law Rev 72:1–16

Freeman AD (1981) Truth and mystification in legal scholarship. Yale Law J 90:1229–1237

Gabel P (2009) Critical legal studies as a spiritual practice. Pepp Law Rev 36:515–534

Gordon RW (1998) Law and ideology. Tikkun 3:14–87

Hessel S (2013) Neem het niet. Van Gennep, Amsterdam

Hunt A (1987) The critique of law: what is ‘critical’ about critical legal theory? J Law Soc 14:5–19

Hutchinson AC (ed) (1989) Critical legal studies. Rowman & Littlefield Publishers, Totowa

Hutchinson AC, Monahan PJ (1984) Law, politics and the critical legal scholars: the unfolding Drama of American legal thought. Stan Law Rev 36:199–235

Kairys D (ed) (1998) The politics of law: a progressive critique. Basic Books, New York

Katz SN (ed) (2009) The Oxford international Encyclopedia of legal history. Oxford University Press, Oxford

Kelman M (1987) A guide to critical legal studies. Harvard University Press, Cambridge

Kennedy D (1985) Afterword. Psycho-social CLS: a comment on the Cardozo Symposium. Cardozo Law Rev 6:1013–1031

London School of Economics and Political Science (ed) (1933) Modern theories of law. Oxford University Press, London

Marano P, Siri M (eds) (2017) Insurance regulation in the European Union: solvency II and beyond. Palgrave Macmillan, Cham

Mason P (2016) Post capitalism: a guide to our future. Penguin Books, London

Mertz E (ed) (2008) The role of social science in law. Ashgate, Hampshire

Russell JS (1986) The critical legal studies challenge to contemporary mainstream legal philosophy. Ottowa Law 18:1–24

Schwartz LB (1984) With gun and camera through darkest CLS-land. Stan Law Rev 1984(36):413–464

Shiffrin JB (2006) A practical jurisprudence of values: re-writing Lechmere, Inc. v. NLRB. Harv Civ Rights-Civ Libr Law Rev 41:177–217

Skidelsky R, Skidelsky E (2013) How much is enough? Money and the good life. Penguin Books, London

Tijssen HEB (1961) De juridische dissertatie onder de loep: De verantwoording van methodologische keuzes in juridische dissertaties. Dissertation, University of Tilburg

Tushnet M (2011) Some current controversies in critical legal studies. German Law J 12:290–299

Van Gerven W, Lierman S (2010) Algemeen Deel Veertig jaar later: Privaat-en Publiekrecht in een Meergelaagd kader van regelgeving, rechtsvorming en regeltoepassing, I, Beginselen van Belgisch Privaatrecht. Kluwer, Mechelen

Van Hoecke M (ed) (2011) Methodologies of legal research: which kind of method for what kind of discipline? Hart, Oxford

Verma SK, Afzal Wani M (eds) (2001) Legal research and methodology. Indian Law Institute, New Delhi

Wendt JAI (2008) De methode der rechtswetenschap vanuit kritisch-rationeel perspectief. Dissertation, Erasmus University of Rotterdam

Williams J (2011) Is law and art [sic] or a science?: Comments on objectivity, feminism and power. JGSPL 7:355–372

Zamboni M (2008) Law and politics: a dilemma for contemporary legal theory. Springer, Berlin

Zweigert K, Kötz H (1994) An introduction to comparative law. Clarendon Press, Oxford

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Loguinova, K. (2019). The Research Method: Law Reform Design. In: A Critical Legal Study of the Ideology Behind Solvency II. Economic and Financial Law & Policy – Shifting Insights & Values, vol 4. Springer, Cham. https://doi.org/10.1007/978-3-030-26357-7_4

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Legal Research Methodology: Types And Approaches of Legal Research

Legal research methodologies explore unsettled legal questions, acquire and analyze relevant information, and apply findings to solve legal problems.

Let’s understand the definition of legal research methodologies and the types and approaches to Legal research methodologies.

Understand Legal Research Methodology

What is legal research methodology.

Legal research methodologies serve three main functions, exploring a legal problem, critically describing facts and legislation, and explaining or interpreting legal issues and concepts.

Why is a methodology needed in the first place?

The methodology is a means of inquiry to achieve these purposes in a meaningful way .

In legal research, the methodology;

• is a systematic inquiry that provides information to guide legal research,
• is the trained and scientific investigation of the principles and facts of any subject,
• helps the readers understand the research methods to discover the truth and evaluate the results’ validity,
• helps the researchers follow a consistent logic in research and prepare them to meet possible challenges,
• is also an important way to jam reliable and valid knowledge and explore the relationship between theory and practice.

Understanding research methods will help students conduct and write up their research monographs, dissertations, or theses systematically.

However, research methodology is different from research methods. ‘Research method’ usually implies all methods and techniques used to collect and process the data.

Thus, the method is a tool or technique such as a qualitative or quantitative method. It also includes interviews, case studies, or surveys.

On the other hand, research methodology refers to the body of methods that guide thinking within a specific field of study.

A methodology is a justification or rationale for the research approach and is concerned with the general strategy or approach of undertaking research.

Legal research methodology is a must.

It is vital for a researcher to know the research methodology and understand the underlying methodologies’ assumptions.

Researchers also need to know the criteria by which they can decide that certain methodologies will apply to certain problems.

Research methodology has been defined as the means of acquiring scientific knowledge. It has also been defined as a means to gather information and data to achieve a valid outcome.

Legal research methodology is simply a way of addressing and exploring unsettled legal questions or issues.

Legal research methodologies are techniques by which one acquires legally relevant information, analyzes, interprets, and applies them to resolve issues and present the findings.

Thus, legal research methodology is a scientific and systematic way to solve any legal question.

Legal research methodology also refers to rules of interpretation of legal problems and issues. It is a systematic effort to make an argument to arrive at a true or accurate account of the subject matter under consideration.

The researcher should explain properly why he uses a particular method to evaluate research results by the researcher himself or others. Adopting a particular methodology should stem from the research objective and purpose.

Types of Legal Research

Two types of Legal research are;

• Qualitative Research for Legal Research.
• Quantitative Research for Legal Research.

The main difference between qualitative and quantitative legal research is that; qualitative legal research is pure and applied research, concerned with the analysis of theories. Whereas quantitative legal research is concerned with testing the theories in the real world.

Depending upon the nature of the research question, legal research is also classified as descriptive and exploratory one.

Descriptive research attempts to describe a situation, problem, phenomenon, or behavior systematically. A description is concerned with making complicated things understandable and simple.

Exploratory research is undertaken to explore areas about which the researcher has little or no knowledge . It involves findings the reason for things, events and situations, showing why and how they have come to be what they are. Exploratory research enables the researcher to formulate problems for more in-depth study, develop hypotheses, and find the best solution.

Another popular distinction is between pure doctrinal research and non-doctrinal or empirical research.

While the former is theoretical work undertaken primarily to acquire new knowledge without a specific application, the latter is original work undertaken to acquire new knowledge with a specific practical application in view.

Doctrinal legal research is concerned with the analysis of legal theories, concepts, rules, and principles.

Most doctrinal legal research is based on the ‘black-letter law’ approach, which focuses on the knowledge of law found in the legal texts, legal theories, statutes, and court judgments with ‘little or no reference to the world outside the law.’

The doctrinal or ‘black-letter’ legal research aims to explain, systemize, and clarify the law on any particular topic by a distinctive mode of analysis.

In recent times, pure doctrinal legal research has been criticized for its rigidity, narrower scope, and inflexibility in addressing diverse contexts m which legal issues or situations arise and operate.

As a result, empirical or inter-disciplinary legal research emerged as a distinct type of legal scholarship in the law schools of western countries to study law in the broader social and political contexts.

This empirical and interdisciplinary legal research employs various social science and humanities methods. According to Epstein and King,

What makes research empirical is that it is based on observations of the world, in other words, data, which is just a term for facts about the world.

These facts may be historical or contemporary or based on legislation or case law, the results of interviews or surveys , or the outcomes of secondary archival research or primary data collection .

Another important classification is between qualitative and quantitative research.

Qualitative Research for Legal Research

Qualitative research is concerned with the explanation, interpretation, and understanding of phenomena or issues, or things. It relies primarily on human perception and understanding. It concerns the subjective assessment of the social or legal problem, situation, and attitude.

Qualitative research is critical in the behavioral sciences, where the aim is to discover the underlying motives of human behavior. A qualitative approach is concerned with the subjective assessment of attitudes, opinions, and behavior.

Quantitative research offers:

• richly descriptive reports of individual perceptions, attitudes, beliefs, views, and feelings,
• the meanings and interpretations are given to events and things, as well as their behavior;
• it displays how these are put together, more or less coherently and consciously,
• into frameworks that make sense of their experiences; and
• illuminates the motivations which connect attitudes and behavior, the discontinuities, or
• even contradictions between attitudes and behavior, or
• how conflicting attitudes and motivations are resolved in particular choices made.

Qualitative research is related to the analysis of some abstract idea, doctrine, or theory. It is generally used to develop new concepts or to reinterpret existing ones.

In qualitative research, researchers use analytical techniques and their views on the subject matter in question.

Qualitative research varifies the old established principles of laws. It may lead to discovering a new theory, refinement, or interpretation of an existing theory, principles, or legal issues.

On the other hand, empirical research relies on experience or observation alone, often without due regard for system and theory.

Qualitative research involves more explicit judgment, interpretation, or critical evaluation of a problem.

As far as legal study is concerned, the qualitative method is applied to analyze legal propositions or legal theories or doctrines and explore existing statutory propositions and cases in light of propositions or doctrines.

Qualitative research of law involves studying general theoretical questions about the nature of laws and legal systems, the relationship of law to justice and morality , and problems of application of law in a given society.

The main advantage of the qualitative method is that qualitative analysis draws on the interpretive skills of the researcher and opens up the possibility of more than one explanation being valid.

The main criticism of qualitative research is that it is too impressionistic and subjective. Qualitative findings rely too much on the researcher’s subjective assessment of views about what is significant.

The qualitative research findings tend to be open-ended, which is difficult to generalize: Many qualitative research works are doctrinal. Observation, interviewing, case study, examination, and analysis are the most common method of qualitative research.

Quantitative Research for Legal Research

Quantitative research for legal research is based on the measurement of quantity or amount. It consists of counting how frequently things happen. It applies to phenomena that can be expressed in terms of quantity. It is also known as the statistical method.

Because in quantitative research, researchers use an array of statistical methods and generalizations to determine the meaning of data.

It has been the dominant strategy for conducting socio-legal research. Quantitative methods often test or verify existing theories or hypotheses.

Quantitative research involves finding a solution to a real-life problem requiring an action or policy decision.

Quantitative research also tests many variables through the generation of primary data. The generalization process from sample to a population is an example of quantitative instead of qualitative research methodology.

Quantitative research can contribute new evidence, challenge old theories, and help conceptual clarification.

Usually, the quantitative approach involves generating data in quantitative form, which can be subjected to rigorous quantitative analysis formally and rigidly. Quantification can make it easier to aggregate, compare and summarise data.

Data can be collected from questionnaire surveys, fact-finding inquiries, and interviews. Data analysis is one of the important components of quantitative research.

The quantitative method is also sometimes termed an empirical approach as data are collected to test the hypothesis or examine the propositions or interpretations of findings.

Advantages of the Quantitative Legal Research Methods

• First, quantitative data are gathered by various forms of statistical techniques based on the principles of mathematics and probability. The analysis appears to be based on objective laws rather than the researcher’s values.
• Second, statistical tests of significance give researchers additional credibility in terms of their interpretations and their confidence in their findings.
• Third, quantitative data analysis provides a solid foundation for description and analysis.
• Fourth, large volumes of quantitative data can be analyzed relatively quickly, provided adequate preparation and planning have occurred in advance.
• Finally, tables and charts effectively organize quantitative data and communicate the findings to others.

The quantitative research method supplements traditional legal research to investigate the complexities of the law, legal actors, and legal activities.

Quantitative legal research is mostly applicable for conducting non-doctrinal, empirical, and socio-legal research . Objectivity remains the main aspect of quantitative research.

A set of rules or procedures should be followed in quantitative research, even though qualitative research tends to be more flexible.

While the researcher’s values and bias influence qualitative research, quantitative research seeks to report the findings objectively, and the role of the researcher is neutral.

Which One is Better – Quantitative or Qualitative Legal Research Methods?

To some extent, it depends on the training of the researcher and the nature of the research questions. But choosing one method in exclusion of others may be counterproductive for advancing legal scholarship.

Rather blending both quantitative and qualitative approaches can be the best way to accomplish the objectives of research work.

It is generally accepted that using more than one method strengthens the validity and credibility of the research.

5 Approaches to Legal Research

Legal research methodology is not particularly different from the research methodology used in other disciplines.

Nonetheless, it has some special attributes regarding source materials and ways of approaching the problems.

Researchers should be clear about the methodology and reasons for choosing a particular methodology.

Effective legal research is hardly possible without a proper understanding of research methodology . A researcher should justify the important methodological choices in their work.

Legal research may be of combination of methods for interpreting and applying legally relevant information. There are no single or universal approaches to legal research methodologies.

There are several approaches to research methodology , such as analytical, inter-disciplinary, comparative, and historical.

A particular type of methodology depends considerably upon the research question formulated and the sources of materials chosen.

Analytical Approach to Legal Research

Interdisciplinary approach to legal research, socio-legal approach to legal research, comparative approach to legal research, historical approach to legal research.

An analytical method is the most important and widely used in legal research. The analysis involves an explanation of the cause and effect of complex phenomena.

Analytical skill is crucial for any legal researcher. The analytical approach requires logical reasoning and interpreting laws to conclude .

Since laws are written in abstract and general terms by their nature, it is the researchers’ and judges’ task to apply those general rules to concrete factual circumstances, for which they apply logic and common sense to analyze and interpret the words in the law.

In most cases, the analytical approach deals with one or more legal concepts or legal theories.

Analytical research uses interpretive methods to examine cases, statutes, and other forms of law to seek out, construct, or reconstruct rules and principles.

An analytical approach is sometimes viewed as doctrinal research.

Doctrinal research of law provides a systematic exposition of the rules governing a particular legal category, analyses the relationship between the rules, explains areas of difficulty, and predicts future developments.

The sources of law have been the primary materials, law doctrines, case law, and legislation. The legal research is largely confined to an analysis of legal doctrine .

The salient characteristic of the analytical approach is its emphasis on the autonomy of law as an independent discipline or science.

Thus, the analytical approach of legal research can lead to ‘close reasoning.’

The analytical method serves the fundamental object of giving effect to the terms of a legislative instrument.

Analytical research is applied to dissect the terms of a provision, draw inferences from them, and apply the conclusions to resolve legal questions.

The most relevant aspects of the analytical approach are:

• what did the law-maker intend to achieve with the legislation under consideration?
• What is the underlying policy rationale of a piece of legislation?

In the analytical approach, the researcher should highlight the positive aspect of the law, e.g., what a legal situation is, and its normative aspect, e.g., what a legal situation should be.

Thus, it not only describes facts and circumstances but also defines parameters and interprets the facts. It involves applying critical judgment and developing one’s view of the situation.

The normative analysis concerns rational criticism and evaluation of legal doctrines and rules. Such judicial interpretation and process should only be a logical application of existing rules of law .

On the other hand, the positivistic approach holds that the conception of law is a coherent and complete system.

It implies a concerted effort to integrate disciplinary insights and apply the integrated insight to the study of problems.

The interdisciplinary approach of legal research advances the proposition that legal research ought not to content itself with the strictly legal but should also explore the interface between law and the other disciplines.

It integrates disciplines such as history, political science, economics and philosophy, and even different methodologies.

The interdisciplinary approach is distinguished from a multidisciplinary approach, which juxtaposes several disciplines without any attempt to integrate or synthesize aspects of their knowledge and perspectives.

The interdisciplinary approach requires looking at various aspects of the subject and viewing it from more than one perspective.

The interdisciplinary approach suggests the accommodation of sociology of law, economics and law, and law and technology within a single discourse to integrate and establish communicative links between disciplines.

The objective of interdisciplinary research is to combine knowledge, skills, and forms of research experience from two or several disciplines to transcend some of the theoretical and methodological limitations of the discipline in question and create a basis for developing a new form of analysis.

This is evident from integration because legal researchers and lawyers need to look at the law from a much broader angle than previously.

Inter-disciplinary research is “research designed to secure a deeper understanding of law as a social phenomenon, including research for the historical, philosophical, linguistic, economic, social or political implications of the law.”

On the other hand, it also seeks to evaluate the influence of other disciplines on legal scholarship. An interdisciplinary approach often produces results relevant to more than one discipline.

This interrelationship of disciplines is often reflected because many reputed law schools have designed their curriculum to include other subjects to explain a problem coherently and logically.

The interdisciplinary approach also suggests that social science methodologies and information are integrated into legal discourse.

The interdisciplinary approach as the interface of law and social science dates back to the Realist movement in the 1930s and 1940s. That movement highlighted the differences between ‘law in the books’ and ‘law in action.’

A sociological approach to law is one of the most characteristic features of modem jurisprudence—the socio-legal approach views law as a means of social control and change.

According to this approach, the law is essentially a social phenomenon.

The sociology of law seeks to explain the nature o law in terms of the empirical conditions within which doctrines and institutions exist in particular societies or social conditions.

Socio-legal research uses the theories and methods of social science to explore the operation of law, legal processes, and legal institutions.

The sociological approach tells us that law is a social phenomenon and works in a social setting instead of a textual approach.

According to the socio-legal approach, analysis of law is directly linked to the analysis of the social situation to which the law applies and should be put into the perspective of that situation.

It contrasts with the textual or ‘ black letter law ‘ approach, which emphasizes the text’s literal meaning. It calls for going beyond the ‘black letter law and investigating the social milieu against which law is enacted and applied.

On the relationship between law and sociology, Roger Cotterrell wrote succinctly.

Both law and sociology are concerned with the whole range of significant forms of social relationships.

And in practice, the criteria determining which relationships are significant are often similar, deriving from the same cultural assumptions or conceptions of policy relevance.

Furthermore, both legal and sociological inquiries typically seek to view these phenomena as part of, or potentially part of, an integrated social structure.

Thus, law and sociology share a fundamentally similar basic subject matter despite their radical differences in method and outlook.

Law is the practical craft of systematic control of social relations and institutions.

Sociology is the scientific enterprise that seeks systematic knowledge of them.

The socio-legal approach helps researchers to realize a closer understanding of the policy objectives of any legal rule.

The sociological views law as an emanation of social elements and depends not on state authority but on social compulsion.

The socio-legal research assesses the impact of legal doctrines upon society.

The sociological approach tries to investigate through empirical data how law and legal institutions affect human attitudes and what impact they create on society; assess the suitability of legal institutions to the needs of society.

It aims to understand legal and social phenomena, whereas the main concern of the traditional approach to jurisprudence is to undertake analytical-linguistic studies.

Using the law as an instrument of government policy requires understanding the socio-economic context in which the law works and what effects are likely to happen.

In socio-legal research, the law is considered one of the social policy tools.

A wide range of strategies is used in socio-legal research, from the statistical analysis of the survey to the interview analysis.

By using these strategies, the socio-legal approach addresses the following questions:

• what are the effects of law and the legal order on the social order?
• What are the effects of the social order on the legal order?
• What are the effects of the law on attitude, behavior, institutions, and organizations in society, maintenance, and change of society?
• What are the effects of attitudes, maintenance, behavior, institutions, and organizations in society, maintenance, and change of society on the law?

Each legal system has its history, fundamental principles and procedures, and forms of legal publication sources.

But in this globalized and interdependent world-the study of the law of other countries is assuming greater significance.

The law of foreign countries is increasingly becoming relevant in national court proceedings involving international transactions.

Interaction between various legal systems is sometimes described as a transnational legal system. The comparative method is advantageous for understanding the transnational legal system.

The comparative approach as a study of legal systems by comp comparison has assumed wider significance due to the ongoing globalization process.

With the growth of international and regional legal orders, understanding the forms and methods of comparative legal study has become essential to all those wishing to understand and engage in current legal debates.

Even one needs a comparative method to understand the law within one’s own country. The comparative method offers how the differences between the law of diverse countries and systems are analyzed.

In this way, a comparative study is appreciated for its benefit to the national legal system.

The comparative method aims to harmonize but not unify the world’s different laws and legal cultures.

Because often, the comparative approach may involve a comparison of two or more national legal systems.

But undoubtedly, comparative study helps to harmonize the laws of different countries.

In this sense, it has an international dimension.

The comparative approach takes the insider’s view on the legal systems studied and helps understand the institutional structure of concepts, thinking, and organizations of the systems in question.

The comparative method denotes different ways of addressing the same issue and finding differences. The comparison may give a fuller view of the subject under investigation.

However, the objective of the comparative method is not to draw mere similarities and dissimilarities.

Instead, it can enable a researcher to suggest a suitable solution to legal problems in light of a set of rules ideal for a given society.

The comparative method may confer the following 3 advantages:

• comparative research can throw doubts on the usefulness or firmly entrenched views;
• it may suggest a suitable solution to legal problems;
• A comparative study tends to aid in assembling which principles, applicable in the field concerned, are fundamental and which are secondary.

The historical approach looks at the evolution and development of a particular system of rules to provide useful contextual background and a fuller understanding of a certain legal discipline both for the researcher and the ultimate reader.

A historical approach examines the relations between law and events, showing how the law has been used at different times for different purposes and how it connects with interests and classes, political ends, and social movements.

The historical approach helps us understand how a particular institution or law evolved and why they need a change in the present context.

It takes the view that history has a significant role in explaining the current state of law, its past development, and likely future direction.

For example, to understand the institutional and jurisdictional aspects of the United Nations , a brief look at the whole concept and history of collective security and that of the League of Nations could be of some help.

The historical approach takes us from the past to the future. The historical approach serves to understand the present situation and shows the general trend of changes in laws.

As the present can not be properly understood without some knowledge about the past, the foremost purpose of the historical approach is to gain a clear perspective of the present.

But historical research can aim at the simply scholarly desire of the researcher to arrive at an accurate account of the past.

The sources of the historical approach include parliamentary debates on any legislative scheme, official reports of inquiry, case reports, newspaper reports, and journals.

The researcher should be careful about the authenticity and integrity of the documents.

In evaluating documents, the researcher should try to determine their completeness by verifying whether there have been additions or deletions to the original text.

The researcher should also maintain objectivity in interpreting historical events and show an adequate historical perspective of the issue under research.

For this purpose, primary sources or historical documents should be used as extensively as possible .

There is “no set legal methodology” that is applicable in all cases. It is not always possible to make clear-cut distinctions among the above ways of approaching the methodology.

A research paper that is concerned essentially with examining a subject may also involve comparison.

The researcher can choose a method best suited to questions and available sources. It depends upon the nature of the research question.

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FTC Announces Rule Banning Noncompetes

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Today, the Federal Trade Commission issued a final rule to promote competition by banning noncompetes nationwide, protecting the fundamental freedom of workers to change jobs, increasing innovation, and fostering new business formation.

“Noncompete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from the more than 8,500 new startups that would be created a year once noncompetes are banned,” said FTC Chair Lina M. Khan. “The FTC’s final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market.”

The FTC estimates that the final rule banning noncompetes will lead to new business formation growing by 2.7% per year, resulting in more than 8,500 additional new businesses created each year. The final rule is expected to result in higher earnings for workers, with estimated earnings increasing for the average worker by an additional $524 per year, and it is expected to lower health care costs by up to $194 billion over the next decade. In addition, the final rule is expected to help drive innovation, leading to an estimated average increase of 17,000 to 29,000 more patents each year for the next 10 years under the final rule.

Noncompetes are a widespread and often exploitative practice imposing contractual conditions that prevent workers from taking a new job or starting a new business. Noncompetes often force workers to either stay in a job they want to leave or bear other significant harms and costs, such as being forced to switch to a lower-paying field, being forced to relocate, being forced to leave the workforce altogether, or being forced to defend against expensive litigation. An estimated 30 million workers—nearly one in five Americans—are subject to a noncompete.

Under the FTC’s new rule, existing noncompetes for the vast majority of workers will no longer be enforceable after the rule’s effective date. Existing noncompetes for senior executives - who represent less than 0.75% of workers - can remain in force under the FTC’s final rule, but employers are banned from entering into or attempting to enforce any new noncompetes, even if they involve senior executives. Employers will be required to provide notice to workers other than senior executives who are bound by an existing noncompete that they will not be enforcing any noncompetes against them.

In January 2023, the FTC issued a  proposed rule which was subject to a 90-day public comment period. The FTC received more than 26,000 comments on the proposed rule, with over 25,000 comments in support of the FTC’s proposed ban on noncompetes. The comments informed the FTC’s final rulemaking process, with the FTC carefully reviewing each comment and making changes to the proposed rule in response to the public’s feedback.

In the final rule, the Commission has determined that it is an unfair method of competition, and therefore a violation of Section 5 of the FTC Act, for employers to enter into noncompetes with workers and to enforce certain noncompetes.

The Commission found that noncompetes tend to negatively affect competitive conditions in labor markets by inhibiting efficient matching between workers and employers. The Commission also found that noncompetes tend to negatively affect competitive conditions in product and service markets, inhibiting new business formation and innovation. There is also evidence that noncompetes lead to increased market concentration and higher prices for consumers.

Alternatives to Noncompetes

The Commission found that employers have several alternatives to noncompetes that still enable firms to protect their investments without having to enforce a noncompete.

Trade secret laws and non-disclosure agreements (NDAs) both provide employers with well-established means to protect proprietary and other sensitive information. Researchers estimate that over 95% of workers with a noncompete already have an NDA.

The Commission also finds that instead of using noncompetes to lock in workers, employers that wish to retain employees can compete on the merits for the worker’s labor services by improving wages and working conditions.

Changes from the NPRM

Under the final rule, existing noncompetes for senior executives can remain in force. Employers, however, are prohibited from entering into or enforcing new noncompetes with senior executives. The final rule defines senior executives as workers earning more than $151,164 annually and who are in policy-making positions.

Additionally, the Commission has eliminated a provision in the proposed rule that would have required employers to legally modify existing noncompetes by formally rescinding them. That change will help to streamline compliance.

Instead, under the final rule, employers will simply have to provide notice to workers bound to an existing noncompete that the noncompete agreement will not be enforced against them in the future. To aid employers’ compliance with this requirement, the Commission has included model language in the final rule that employers can use to communicate to workers. 

The Commission vote to approve the issuance of the final rule was 3-2 with Commissioners Melissa Holyoak and Andrew N. Ferguson voting no. Commissioners Rebecca Kelly Slaughter , Alvaro Bedoya , Melissa Holyoak and Andrew N. Ferguson each issued separate statements. Chair Lina M. Khan will issue a separate statement.

The final rule will become effective 120 days after publication in the Federal Register.

Once the rule is effective, market participants can report information about a suspected violation of the rule to the Bureau of Competition by emailing  [email protected] . 

The Federal Trade Commission develops policy initiatives on issues that affect competition, consumers, and the U.S. economy. The FTC will never demand money, make threats, tell you to transfer money, or promise you a prize. Follow the  FTC on social media , read  consumer alerts  and the  business blog , and  sign up to get the latest FTC news and alerts .

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A New Use for Wegovy Opens the Door to Medicare Coverage for Millions of People with Obesity

Juliette Cubanski , Tricia Neuman , Nolan Sroczynski , and Anthony Damico Published: Apr 24, 2024

The FDA recently approved a new use for Wegovy (semaglutide), the blockbuster anti-obesity drug, to reduce the risk of heart attacks and stroke in people with cardiovascular disease who are overweight or obese. Wegovy belongs to a class of medications called GLP-1 (glucagon-like peptide-1) agonists that were initially approved to treat type 2 diabetes but are also highly effective anti-obesity drugs. The new FDA-approved indication for Wegovy paves the way for Medicare coverage of this drug and broader coverage by other insurers. Medicare is currently prohibited by law from covering Wegovy and other medications when used specifically for obesity. However, semaglutide is covered by Medicare as a treatment for diabetes, branded as Ozempic.

What does the FDA’s decision mean for Medicare coverage of Wegovy?

The FDA’s decision opens the door to Medicare coverage of Wegovy, which was first approved by the FDA as an anti-obesity medication. Soon after the FDA’s approval of the new use for Wegovy, the Centers for Medicare & Medicaid Services (CMS) issued a memo indicating that Medicare Part D plans can add Wegovy to their formularies now that it has a medically-accepted indication that is not specifically excluded from Medicare coverage . Because Wegovy is a self-administered injectable drug, coverage will be provided under Part D , Medicare’s outpatient drug benefit offered by private stand-alone drug plans and Medicare Advantage plans, not Part B, which covers physician-administered drugs.

How many Medicare beneficiaries could be eligible for coverage of Wegovy for its new use?

Of these 3.6 million beneficiaries, 1.9 million also had diabetes (other than Type 1) and may already have been eligible for Medicare coverage of GLP-1s as diabetes treatments prior to the FDA’s approval of the new use of Wegovy.

Not all people who are eligible based on the new indication are likely to take Wegovy, however. Some might be dissuaded by the potential side effects and adverse reactions . Out-of-pocket costs could also be a barrier. Based on the list price of $1,300 per month (not including rebates or other discounts negotiated by pharmacy benefit managers), Wegovy could be covered as a specialty tier drug, where Part D plans are allowed to charge coinsurance of 25% to 33%. Because coinsurance amounts are pegged to the list price, Medicare beneficiaries required to pay coinsurance could face monthly costs of $325 to $430 before they reach the new cap on annual out-of-pocket drug spending established by the Inflation Reduction Act – around $3,300 in 2024, based on brand drugs only, and $2,000 in 2025. But even paying $2,000 out of pocket would still be beyond the reach of many people with Medicare who live on modest incomes . Ultimately, how much beneficiaries pay out of pocket will depend on Part D plan coverage and formulary tier placement of Wegovy.

Further, some people may have difficulty accessing Wegovy if Part D plans apply prior authorization and step therapy tools to manage costs and ensure appropriate use. These factors could have a dampening effect on use by Medicare beneficiaries, even among the target population.

When will Medicare Part D plans begin covering Wegovy?

Some Part D plans have already announced that they will begin covering Wegovy this year, although it is not yet clear how widespread coverage will be in 2024. While Medicare drug plans can add new drugs to their formularies during the year to reflect new approvals and expanded indications, plans are not required to cover every new drug that comes to market. Part D plans are required to cover at least two drugs in each category or class and all or substantially all drugs in six protected classes . However, facing a relatively high price and potentially large patient population for Wegovy, many Part D plans might be reluctant to expand coverage now, since they can’t adjust their premiums mid-year to account for higher costs associated with use of this drug. So, broader coverage in 2025 could be more likely.

How might expanded coverage of Wegovy affect Medicare spending?

The impact on Medicare spending associated with expanded coverage of Wegovy will depend in part on how many Part D plans add coverage for it and the extent to which plans apply restrictions on use like prior authorization; how many people who qualify to take the drug use it; and negotiated prices paid by plans. For example, if plans receive a 50% rebate on the list price of $1,300 per month (or $15,600 per year), that could mean annual net costs per person around $7,800. If 10% of the target population (an estimated 360,000 people) uses Wegovy for a full year, that would amount to additional net Medicare Part D spending of $2.8 billion for one year for this one drug alone.

It’s possible that Medicare could select semaglutide for drug price negotiation as early as 2025, based on the earliest FDA approval of Ozempic in late 2017 . For small-molecule drugs like semaglutide, at least seven years must have passed from its FDA approval date to be eligible for selection, and for drugs with multiple FDA approvals, CMS will use the earliest approval date to make this determination. If semaglutide is selected for negotiation next year, a negotiated price would be available beginning in 2027. This could help to lower Medicare and out-of-pocket spending on semaglutide products, including Wegovy as well as Ozempic and Rybelsus, the oral formulation approved for type 2 diabetes. As of 2022, gross Medicare spending on Ozempic alone placed it sixth among the 10 top-selling drugs in Medicare Part D, with annual gross spending of $4.6 billion, based on KFF analysis . This estimate does not include rebates, which Medicare’s actuaries estimated to be  31.5% overall in 2022  but could be as high as  69%  for Ozempic, according to one estimate.

What does this mean for Medicare coverage of anti-obesity drugs?

For now, use of GLP-1s specifically for obesity continues to be excluded from Medicare coverage by law. But the FDA’s decision signals a turning point for broader Medicare coverage of GLP-1s since Wegovy can now be used to reduce the risk of heart attack and stroke by people with cardiovascular disease and obesity or overweight, and not only as an anti-obesity drug. And more pathways to Medicare coverage could open up if these drugs gain FDA approval for other uses . For example, Eli Lilly has just reported clinical trial results showing the benefits of its GLP-1, Zepbound (tirzepatide), in reducing the occurrence of sleep apnea events among people with obesity or overweight. Lilly reportedly plans to seek FDA approval for this use and if approved, the drug would be the first pharmaceutical treatment on the market for sleep apnea.

If more Medicare beneficiaries with obesity or overweight gain access to GLP-1s based on other approved uses for these medications, that could reduce the cost of proposed legislation to lift the statutory prohibition on Medicare coverage of anti-obesity drugs. This is because the Congressional Budget Office (CBO), Congress’s official scorekeeper for proposed legislation, would incorporate the cost of coverage for these other uses into its baseline estimates for Medicare spending, which means that the incremental cost of changing the law to allow Medicare coverage for anti-obesity drugs would be lower than it would be without FDA’s approval of these drugs for other uses. Ultimately how widely Medicare Part D coverage of GLP-1s expands could have far-reaching effects on people with obesity and on Medicare spending.

• Medicare Part D
• Chronic Diseases
• Heart Disease
• Medicare Advantage

news release

• An Estimated 1 in 4 Medicare Beneficiaries With Obesity or Overweight Could Be Eligible for Medicare Coverage of Wegovy, an Anti-Obesity Drug, to Reduce Heart Risk

Also of Interest

• An Overview of the Medicare Part D Prescription Drug Benefit
• FAQs about the Inflation Reduction Act’s Medicare Drug Price Negotiation Program
• What Could New Anti-Obesity Drugs Mean for Medicare?
• Medicare Spending on Ozempic and Other GLP-1s Is Skyrocketing