Transcript PowerPoint Presentation - Hofstra University School of Law
Fall 2014
Research Process/Strategy
• Identify question • Identify sources of the law for your question • Locate those sources • Search • Review results • Search again • Repeat • OR • 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) • 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
o BNA Databases Environment Reporter o Daily Environment Report o Environment & Safety Resource Center o International Environment Reporter o World Climate Change Report o 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
Databases o Index to Legal Periodicals o Index to Foreign Legal Periodicals o HeinOnline o o o Lexis Advance WestlawNext SSRN (Social Science Research Network)-for scholarly working papers, forthcoming o law review articles, think tank articles (new and very recent research) (tip: use the Keywords section to find additional terms for the search.) 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.” o Google o o HeinOnline, Lexis Advance and WestlawNext (search in Law Reviews and Journals) 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 o Clean Water Act, Clean Air Act, Safe Drinking Water Act, CERCLA, NEPA, FIFRA, etc.
• Endangered Species Act o Dept. Interior: Fish and Wildlife Service; Dept. Commerce: National Marine Fisheries Service; NOAA • Council On Environmental Quality o NEPA
Federal Regulations
• Rulemaking • Federal Register • Code of Federal Regulations
Federal Register
• Federal Register – online and in print (Law Library Reading Room) • Online sources: o o o FDsys Lexis Advance and WestlawNext HeinOnline
Code of Federal Regulations
• Code of Federal Regulations – online and in print (Law Library Reading Room) • Online Sources: o FDsys o Lexis Advance and WestlawNext o HeinOnline • Relevant volumes might include: o o o 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 o o Publications: http://www.epa.gov/nscep/ http://www.epa.gov/nscep/ 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 o o o o Environmental Conservation Law (enabling legislation) Free access to relevant regulations: dec.ny.gov
and http://www.dos.ny.gov/info/nycrr.html
NYS Register: http://www.dos.ny.gov/info/register.htm
Data at www.dec.ny.gov
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: o o o 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