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The book is written in a conversational style, and the language is accessible and simple, with flowing examples that users can relate with. Practical legal questions are raised and application of individual research methods, strategies, approaches and philosophies are demonstrated. The book starts with a clear definition of legal research method to justification and importance. It spans the research process, theoretical positions and justification for research, the writing up process and the defence of research output either in seminars, conferences or for PhD defence. It also prepares researchers and academicians for discussion and interaction with peers at conferences and seminars.
Written by Ernst Hirsch Ballin, this original Advanced Introduction uncovers the foundations of legal research methods, an area of legal scholarship distinctly lacking in standardisation. The author shows how such methods differ along critical, empirical, and fundamental lines, and how our understanding of these is crucial to overcoming crises and restoring trust in the law. Key topics include a consideration of law as a normative language and an examination of the common objects of legal research.
"Intended for pre-law and paralegal students, this second edition is a revised and refreshed version of the successful first edition of Introduction to Legal Research and Writing, with updated legal research exercises throughout. This book is designed to be the only one the student and the professor need for legal research and legal writing. It is designed to provide a clear explanation of basic information, with exercises to give the student the necessary practice in researching and writing and accompanying sample legal writing documents. The text is user friendly and readable while balancing the need for detail. Each chapter covers only a manageable amount of material for someone who has not previously studied the law. The objectives of the legal research portion of the book teach the student how to competently perform legal research in the law library and online, use correct citation form, and understand the fundamentals of legal research. The objectives of the legal writing portion of the book are to explain the fundamentals of legal analysis and writing, teach the student how to communicate clearly, and demonstrate how to eliminate mechanical errors. The appendices provide additional information that the instructor can incorporate into the class as needed. For example, Appendix B, "Locating and Citing to Cases," can be covered in conjunction with Chapter 4, and Appendix C, "Rules for Quotations and Short Form Citations," can be introduced when students are completing legal writing assignments"--
"The Murray and DeSanctis titles are designed for the current generation of law students whose familiarity and comfort with on-line and computer-based learning create a demand for teaching resources that take advantage of that familiarity and comfort level. Legal Research Methods provides a process-based text covering all aspects of first year legal analysis and research. This book focuses on legal research tools and the theory and practice of legal research written from a practitioner's perspective. It discusses planning for research and performing research, and provides criteria for determining when you are finished with your research. It has sample research plans for tight budgets in terms of time or expense, and its process-oriented methodology is designed to maximize research results in the most economical ways. Paired with the book is an electronic, computer-based version of the text that adds links to on-line databases and internet-based resources and supplements the text with pop-up definitions from Black's Law Dictionary. The electronic version of the text is searchable and highly portable, with internal and external navigation links, making them more valuable for use in class and out. The interactive text employs a layout that departs from the traditional, all-text casebook format through use of callout text boxes, diagrams, and color/border segregated feature sections for hypotheticals, references to scholarly debates, or other useful information for law students."--Publisher's website.
Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.
Is the death penalty a more effective deterrent than lengthy prison sentences? Does a judge's gender influence their decisions? Do independent judiciaries promote economic freedom? Answering such questions requires empirical evidence, and arguments based on empirical research have become an everyday part of legal practice, scholarship, and teaching. In litigation judges are confronted with empirical evidence in cases ranging from bankruptcy and taxation to criminal law and environmental infringement. In academia researchers are increasingly turning to sophisticated empirical methods to assess and challenge fundamental assumptions about the law. As empirical methods impact on traditional legal scholarship and practice, new forms of education are needed for today's lawyers. All lawyers asked to present or assess empirical arguments need to understand the fundamental principles of social science methodology that underpin sound empirical research. An Introduction to Empirical Legal Research introduces that methodology in a legal context, explaining how empirical analysis can inform legal arguments; how lawyers can set about framing empirical questions, conducting empirical research, analysing data, and presenting or evaluating the results. The fundamentals of understanding quantitative and qualitative data, statistical models, and the structure of empirical arguments are explained in a way accessible to lawyers with or without formal training in statistics. Written by two of the world's leading experts in empirical legal analysis, drawing on years of experience in training lawyers in empirical methods, An Introduction to Empirical Legal Research will be an invaluable primer for all students, academics, or practising lawyers coming to empirical research - whether they are embarking themselves on an empirical research project, or engaging with empirical arguments in their field of study, research, or practice.
Featuring Deborah E. Bouchoux’s highly regarded assignments, examples, and building-block approach, Concise Guide to Legal Research and Writing, Fourth Edition continues to provide timely coverage of the essential research and writing skills used by today’s paralegals. Designed specifically for paralegal students, this is the ideal text for shorter legal research and writing courses. New to the Fourth Edition: New “Sidebar” feature in all research chapters provides quick tips showing how the material in that chapter applies to computer-assisted legal research systems, such as Lexis, Westlaw, and Bloomberg Law. Discussion of GovInfo, which provides free public access to official and authenticated publications from all three branches of the federal government. Coverage of new tools used for cite-checking, including EVA and Bestlaw. Discussion of Westlaw Edge, Westlaw’s new research platform. Extensive new coverage of the increasing use of artificial intelligence in legal research and writing. Discussion of new sources that provide free public access to the law, including Harvard’s Caselaw Access Project, CourtListener, and RECAP Project. New sections on preparing email letters and email memoranda, including assignments. All new Research Questions and Internet Legal Research Assignments have been included for each chapter. Professors and students will benefit from: Concise, well-organized text, divided into six main sections: Section I discusses primary authorities Section II covers secondary sources Section III focuses on computer-assisted legal research using Lexis Advance, Westlaw, and the Internet Section IV covers citation form and how to ensure that these sources are still “good law” Section V provides an overview of the legal research process Section VI covers legal writing Pedagogy designed to enhance the accessibility of the material, including helpful charts and diagrams that synthesize complex topics, updated Practice Tips offering realistic and helpful suggestions for workplace success, and Ethics Alerts in every chapter. Targeted and ample exercises help students learn how to use a wide range of research sources. Tips on how to effectively use electronic resources are included throughout the text. Conscientious revision ensures that the book has the most up-to-date material, presented in a readable and accessible format.
Legal Research Demystified offers a real-world approach to legal research for first-year law students. The book guides students through eight steps to research common law issues and ten steps to research statutory issues. It breaks down the research steps and process into "bite-size" pieces for novice researchers, minimizing the frustration often associated with learning new skills. This text also gives students context, explaining why and when a source or finding tool should be used when researching the law. The process of legal research, of course, is not linear. This book constantly reminds students of the recursive nature of legal research, and it identifies specific situations when they may deviate from the research steps. Through the book's step-by-step approach, students will connect seemingly unrelated tools (e.g., citators and the Key Number System) and understand how to leverage them to answer legal questions. Every chapter includes charts, diagrams, and screen captures to illustrate the research steps and finding methods. Each chapter concludes with a "summary of key points" section that reinforces important concepts from the chapter. This book provides students and professors with multiple assessment tools. Each chapter ends with true-false and multiple-choice questions that test students' understanding of chapter content. These questions are replicated on the book's companion website, Core Knowledge. Students may answer these end-of-chapter questions, as well as more advanced questions, on Core Knowledge and receive immediate feedback, including an explanation of why the answer is correct or incorrect. Professors can generate reports to track students' performance. Based on students' performance, professors will know whether to review a topic in more detail or to move to the next topic. (New books contain an access code to Core Knowledge; students purchasing used books can buy an access code separately.) Core Knowledge offers yet another assessment tool: interactive research exercises. These online exercises walk students through the research steps on Westlaw and Lexis Advance, giving professors the option to "flip" the classroom. Through many screen captures and tips, students can navigate both research platforms outside of class, allowing students and professors to dig deeper into the material during class. Each research exercise simulates a real-world research experience and contains self-grading questions. For example, in one exercise, students research on Westlaw to determine whether the client could recover damages against a neighbor for the emotional distress for the death of the client's dog. To answer the client's question, students must complete the research steps, including finding and reviewing secondary sources on Westlaw, using the Key Number System and KeyCite, and performing keyword searches. Professor support materials include a Teacher's Manual, sample syllabi, and sample research exams.