Transcript PowerPoint Presentation - Hofstra University School of Law

Fall 2014
Research Process/Strategy
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Identify question
Identify sources of the law for your question
Locate those sources
Search
Review results
Search again
Repeat
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Secondary Sources-look at treatises, legal encyclopedias,
and law review articles to learn about the topic.
Create a list of search/key terms.
Primary Sources-search for statutes, laws, regulations, and
case law.
Update your research, check pocket parts/supplements.
Search Again
Law Library Website
Treatises: Getting Started and
Background Information
• Grad, Treatise on Environmental Law (on Lexis Advance)
• Ginsberg & Philip, Environmental Law and Regulation in
New York
o Law Reading Room, KFN5610 .G46 2009
• Guruswamy & Leach, International Environmental Law in a
Nutshell
o Call Number: Law Reserve, K3585.6 .G87 2012
• Rodgers, Environmental Law
o 4 volume set, analysis of statutes and regulations. Also
on WestlawNext.
• Clean Air Act Handbook
o WestlawNext
Treatises: Getting Started and
Background Information (cont.)
• To find a treatise online: WestlawNext: click on “Secondary
Sources” then under By Type, choose Texts & Treatises, then By
Topic, select Energy & Environment. Lexis Advance: click on
Browse Topics, select Environmental Law or Energy & Utilities
Law, click on a sub-topic, choose the Second tab, and on right
side column select Treatises. Bloomberg Law: Click “Books &
Treatises” on homepage, search books by keyword or browse by
publisher.
• When to ask a librarian: Your book is out and not due for months.
You cannot find your treatise or publication online. You have
searched several databases Westlaw, Bloomberg and Lexis but
still can’t find an article on point. You have found a good citation,
but can’t find a print or digital copy or a database is not accessible.
You have found a citation to a book (in another book, WorldCat,
Amazon, an article) and Hofstra doesn’t have it.
Books: Getting Started and
Background Information
• Library catalog (LEXICAT) (a good book can provide background;
citations to cases, articles, statutes, Congressional reports, internet sites)
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Search: keyword: “sea level”
Subject headings: Climatic changes -- Environmental aspects -- Atlantic Coast (Middle
Atlantic States) -- Forecasting.
Search: keyword: climate executive
Select: #20, Integrating U.S. climate, energy, and transportation policies [electronic
resource] : proceedings of three workshops / [edited by] Liisa Ecola and others. (2009)
Check contents and other subject headings: Environmental policy -- United States -Congresses.
• WorldCat-search by keyword, author, subject etc. Library can
interlibrary loan items-place ILL requests asap!
• Electronic book tips: on Electronic Books (Ebrary): Must have
downloaded Ebrary Reader software; printing-under Tools; print limited
number of pages.
Current Issues
 BNA Databases
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Environment Reporter
Daily Environment Report
Environment & Safety Resource Center
International Environment Reporter
World Climate Change Report
Check other applicable BNA databases like Antitrust &
Trade Regulation Resource Center and International.
 Environment and Energy Daily
 News databases on Lexis Advance,
WestlawNext and Bloomberg Law.
 Environmental Law Reporter (available on
Lexis.com only: Environmental Law Report - All Materials)
Current Issues (cont.)
 EPA.gov
 Federal agency websites:
http://www.usa.gov/directory/federal/
 Center for Climate and Energy Solutions
 NGO websites:
http://www.ngo.org/links/list.htm
Law Library Article Finding Databases
Article Finding
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Databases
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Index to Legal Periodicals
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Index to Foreign Legal Periodicals
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HeinOnline
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Lexis Advance
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WestlawNext
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SSRN (Social Science Research Network)-for scholarly working papers, forthcoming
law review articles, think tank articles (new and very recent research) (tip: use the
Keywords section to find additional terms for the search.)
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Axinn Subject Databases-for interdisciplinary scholarly articles. Example: Business
Source Premier, Academic Search Premier etc. (tip: use the Subject: Thesaurus
Term or Subject features to find additional terms and articles for the search.)
 Bibliographies (tip: use the term “bibliography” as keyword ex. Global Climate Change
Bibliography. Annotated bibliographies provide summaries of the sources listed.
Bibliographies can also be referred to as “References.”
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Google
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HeinOnline, Lexis Advance and WestlawNext (search in Law Reviews and Journals)
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Organizational and center sites (ex. Columbia’s Climate Law Bibliography)
 Law Library Article Finding research guide
Which statutes are applicable?
• Treatises
• Environmental Law Research Guides (for
example, Georgetown Law Library's guide)
• EPA website
• Index to USCA or USCS
Where can I locate the relevant
statutes?
Tips:
• Know the difference between codified
statutes (USC, USCA, USCS) and public
laws (Statutes at Large).
• Use the Popular Name Table.
Where can I locate the relevant
statutes? (cont.)
• Law Library Federal Information – Legislative
– provides links to online federal legislative
sources.
• United State Code – available in print (Law
Library Reading Room) or on Fdsys.
• United States Code Annotated (USCA) –
available in print or in WestlawNext.
• United States Code Service (USCS) –
available in print or in Lexis Advance.
Easy Legislative History
• HeinOnline (U.S. Federal Legislative
History Library)-can search by publication.
title, public law number and popular name.
• Lexis Advance and WestlawNext
• ProQuest Congressional-can search by
keyword, code section, statutes at large,
bill number, public law number.
Proposed Legislation
• Congress.gov
• Lexis Advance and WestlawNext
• Proquest Congressional
• Columbia Law School Center for Climate
Change Law
Executive Materials
• Law Library Federal Information –
Executive - provides links for executive
materials.
• White House Council on Environmental
Quality – provides executive orders,
presidential Climate Action plan, news and
more.
What do federal agencies do?
• Rulemaking (regulations published in the
Code of Federal Regulations)
• Adjudication (administrative decisions)
Which Agency?
• EPA
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Clean Water Act, Clean Air Act, Safe Drinking
Water Act, CERCLA, NEPA, FIFRA, etc.
• Endangered Species Act
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Dept. Interior: Fish and Wildlife Service; Dept.
Commerce: National Marine Fisheries Service;
NOAA
• Council On Environmental Quality
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NEPA
Federal Regulations
• Rulemaking
• Federal Register
• Code of Federal Regulations
Federal Register
• Federal Register – online and in print (Law
Library Reading Room)
• Online sources:
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FDsys
Lexis Advance and WestlawNext
HeinOnline
Code of Federal Regulations
• Code of Federal Regulations – online and
in print (Law Library Reading Room)
• Online Sources:
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FDsys
Lexis Advance and WestlawNext
HeinOnline
• Relevant volumes might include:
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40 CFR – Protection of Environment
43 CFR – Public Lands: Interior
18 CFR – Conservation of Power and Water Resources
Proposed Regulations
• Regulations.gov
• Federal Register 2.0:
https://www.federalregister.gov/
• Lexis Advance and WestlawNext
• Agency websites
• Columbia Law School Center for Climate
Change Law
Agency Decisions
• Agency Websites
• Loose-leaf services
• Bloomberg Law, Lexis Advance and
WestlawNext
• Law Library Administrative Law Resources
and Regulatory Decisions research guides
Government Websites
• Science.gov (click on Energy and Energy
Conservation; Energy and Energy
Conservation; Environment &
Environmental Quality)
• EPA.gov
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Publications:
 http://www.epa.gov/nscep/
 http://www.epa.gov/nscep/
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Data
State Information
• Law.cornell.edu (law about, find by topic)
• www.envcap.org (state regulations
resource locator)
• Environment Reporter (BNA)
• Lexis Advance
• WestlawNext
New York State Resources
• Dept. of Environmental Conservation
Environmental Conservation Law (enabling
legislation)
o Free access to relevant regulations: dec.ny.gov
and http://www.dos.ny.gov/info/nycrr.html
o NYS Register:
http://www.dos.ny.gov/info/register.htm
o Data at www.dec.ny.gov
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Local Sources
• Don’t forget county and other entities can
have governing environmental local laws
and ordinances.
• Law Library sources: New York Local/Municipal and State and Local
Government.
Lexis Advance and WestlawNext
Databases Topic Search
• Lexis Advance: go to Browse-->Topics->Energy & Utilities Law OR Environmental
Law.
• WestlawNext: go to Practice Areas->Energy & Environment.
• Searching by topic provides access to all
environmental law sources:
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Environmental law treatises
Environmental law cases
Environmental law statutes and administrative
materials
Case Law
• International Court of Justice
• International Environmental Law Reports:
Law Classified, K3581.2 .R63
• Environmental Law Reporter (available on
Lexis.com only: Environmental Law Report
- All Materials)
• WestlawNext
• Lexis Advance
• Bloomberg Law
For additional research assistance:
• Email: [email protected]
• Office 100H, 516-463-5851
• Reference Desk
Research Exercise: The
Endangered Species Act