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1L Summer Internship: Research Training

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  1. 1L Summer Internship: Research Training Wednesday, April 17th, 2019 Dana Neacsu, edn13@columbia.edu

  2. Outline • Secondary Sources • Statutes • Administrative Rules and Regulations • Cases • Court Rules and Citation Rules • Current Awareness • Hypothetical • Reference Help Recommended resources are marked with a gold star.

  3. Access to Westlaw/LexisAdvance/Bloomberg LawLEXIS ADVANCELexis is providing full access to Lexis Advance through students’ law school ID throughout the months of May, June, July and August.  Continued access includes tools, search history and the same exclusive content and practical guidance they have relied on all year long.  Whether clerking, interning or working at a firm, students can use their law school access.WESTLAW AND PRACTICAL LAWYou may continue to use Thomson Reuters products, including Westlaw and Practical Law, during the summer for non-commercial (e.i., public interest) research only. The purpose of summer access is to enable you to develop confidence and experience in using your research skills.BLOOMBERG LAWBloomberg Law provides unlimited and unrestricted access over the summer.

  4. Secondary Sources

  5. Why use a secondary sources early on in your research? • Save time and effort by building on work that has already been done. A secondary source may: • Give you context • Direct you to citations and links to primary sources. • Learn what the experts say from a substantive point of view • Learn the procedural aspects related to your jurisdiction

  6. Secondary Sources: Constitutional Law Sources; Health Care Law; Professional Responsibility; Domestic Violence; Securities • Use a library catalog: CLIO or Pegasus; • Use a Research Guide • Use the mega-aggregators: • Westlaw; • LexisAdvance; • Bloomberglaw • Google Scholar • Findlaw

  7. Specific Treatises & Practice Guides -- Asylum • Law of Asylum in the United States. Deborah E. Anker (West) • New edition published annually • On Westlaw • Immigration Law and Procedure. C. Gordon, S. Mailman, S. Yale-Loehr, R. Y. Wada, eds. (Matthew Bender) • Massive (21 volumes); authoritative; wide range of topics • Updated multiple times per year • On Lexis • Note: Law library has it (KF4819 .G6 1988) but no longer subscribes to updates in print • For a quick overview: Immigration Law and Procedure in a Nutshell, 7th ed. (2017). David Weissbrodt & Laura Danielson (West). • Law library reserve, KF4819.85 .W45 2017.

  8. NY (State and Federal) Practice • Weinstein, Korn& Miller’s New York Civil Practice. CPLR • Law Library, 4th floor, KFN5995 W43 (two volume) • On Lexis • Evidence in NY State & Federal Courts • Federal Practice & Procedure (Wright & Miller) • Siegel’s New York Practice • On Westlaw (not under our licensing agreement) • Carmody-Wait, Cyclopedia of New York Practice with Forms • On Westlaw • New York Jurisprudence, a.k.a. NYJur • On Westlaw and Lexis

  9. Practical Secondary Source • Practical Secondary Sources= everything else that, although not an analysis of primary sources, enables you to practice law. • live or pre-recorded seminars; • magazine (Atlantic Magazine) articles;

  10. Forms for Briefs, Motions & Pleadings • Rather than originally drafting documents, one can consult sample forms. Form books may include explanations, checklists and annotations to primary and secondary sources. Some jurisdictions have prescribed official forms, so consult a jurisdiction's practice guides and forms before using general guides and forms. • Practice forms are designed for litigation procedures or other business before courts and administrative agencies.  • West's Federal Forms Contains forms arranged by "type of proceeding (civil and criminal) and the court to which they pertain." Covers United States Supreme Court, Courts of Appeal, Civil and Criminal District Courts, bankruptcy and admiralty proceedings. Multi-volume set.  • Bender's Federal Practice Forms Contains forms for practice in Federal Courts "from initial filing of an action to appealing a case." Multi-volume set.  • Causes of Action Elements of the Action, defenses, proof, remedies and damages, practice checklists, sample complaints. Multi-volume set • Practical Law • For selected practice areas, it provides sample documents with legal, drafting and negotiating tips. Practice areas include labor and employment law, employee benefits, corporate and securities, finance, intellectual property and technology.  Many Practical Law forms are updated daily.  Practice Notes contains recent laws and cases pertinent to transactional drafting.  On Westlaw • Lexis Advance All Forms • How to Find Forms: Limit your search to forms and, if desired, a jurisdiction and practice area.  You can do so as follows: Click on Filters (in the search box at the top), click on Category and select Forms. 

  11. Discovery Forms • Bender's Forms of Discovery Several volumes of interrogatories for many different types of cases, and specific to which party is to answer the interrogatories (plaintiff or defendant). Also includes a multi-volume treatise with forms, for admissions, electronic discovery, depositions, production of documents, etc.Interrogatories - Lexis Advance; Treatise - Lexis Advance • Pattern Discovery Series • Contains discovery techniques and strategies for interrogatories, depositions, and requests for production of documents. Includes sample questions and checklist for the particular type of action. • Pattern Discovery Employment Discrimination - Westlaw • Pattern Discovery Premises Liability Westlaw • Pattern Discovery Products Liability Westlaw • Pattern Discovery Tort Actions Westlaw

  12. Jury Instructions • When writing a complaint, you may want to check the elements of a cause of action to make sure you have alleged all the elements. Some good sources for elements of causes of action are: • Federal Jury Practice and Instructions Kevin F. O'Malley, et al. (Westlaw) • Jury Instructions on Damages in Tort Actions Ronald W. Eades. (Lexis Advance) • Modern Federal Jury Instructions Leonard B. Sand, available on Lexis Advance as Modern Federal Jury Instructions Civil and Criminal. • Court websites (state & federal)

  13. Practical Guides (a) • How-to guides (e.g. Practice Notes, checklists, timelines, flowcharts) • Treatises (Legal Drafting in a Nutshell) • Bloomberg Law: Practical Guidance • Westlaw: Practical Law • Lexis: Lexis Practice Advisor • Open web

  14. Practical Guides(b); Bloomberg Law • Bloomberg DealMaker Documents & Clauses • DealMaker document database contains over 300,000 legal documents that were used by top practitioners in real transactions. The documents come from SEC filings.Limit your search by document type (selected from a menu), governing law, document name, law firm or attorney, transaction type or industry. • Bloomberg Transactional Intelligencer Center • Contains links to the following items in the Bloomberg Law Database: forms libraries (including Dealmaker Documents & Clauses), drafting guidance, checklists and timelines, treatises, & more. • Bloomberg Draft Analyzer Input your language and Draft Analyzer tells if you alternative language that you may want to add to or replace your text. The alternative language is gleaned from a consensus of SEC filing exhibits.

  15. Practical Guides (c)Analytics • 1. Lexis Verdict and Settlement Analyzer • (Lexis Advance Tutorial on Using the Jury Verdict & Settlement Analyzer (Video) • Lexis Verdict & Settlement Analyzer (PDF) 2. Lexis Litigation Profile Suite (Ravel integrated) 3. Bloomberg Litigation Analytics 4. Westlaw Litigation Analytics 4. Jury Verdicts & Settlements

  16. Statutes

  17. Federal and State Statutes - Repositories • Statutes passed by Congress & State Legislative bodies; • Westlaw • LexisAdvance • Bloomberg Law • State Websites • Agency Websites

  18. How to find statutory provisions: • Treatises • Westlaw; Lexis; Bloomberg Law • Annotated U.S. Code (Index on Westlaw and Lexis) • Full-text searching (all three) • Free resources • GovInfo

  19. Statutes:Converting Statutes to U.S. Code citations United States Code Annotated Tables (Westlaw) USCS Statutes at Large Table (Lexis Advance) Specific examples: • Practical Law, INA and USC Conversion Chart • Practical Law is accessible through Westlaw • Bender's Immigration and Nationality Act Service • Provides parallel citation to U.S. Code for INA provisions • On Lexis

  20. Statutes:Immigration & Nationality Act (INA) • Originally enacted in 1952. Amended many times since. • Codified at U.S. Code, Title 8, §1101 et seq. • How to find statutory sections: • Treatises • U.S. Code on Westlaw, Lexis • Use U.S. Code citation if the database does not recognize INA citation • Subject indexes for the U.S. Code: USCA Index (on Westlaw) or USCS Index (on Lexis) • Bender's Immigration and Nationality Act Service • On Lexis • Note: Law library has it (KF4806.54 .U55) but no longer subscribes to updates in print • Free resources (Caution: May not be up to date. No citator.) • Advocacy organizations • USCIS, Immigration and Nationality Act • http://uscode.house.gov/ • Cornell Legal Information Institute (LII), 8 U.S. Code Chapter 12 – Immigration and Nationality

  21. Administrative Rules & Administrative Decisions

  22. Administrative Rules; Administrative Decisions & Actions - RepositoriesFederal and State agencies issue rules and hold hearings on admin controversies GovInfo;e-CFR http://www.ecfr.govState WebsitesAgency Websites: EPAWestlaw (Rules and Regulations); (Admin Decisions),LexisAdvance,Bloomberg LawWebsites:

  23. How to find rules and administrative decisions: • Treatises • Westlaw; Lexis; Bloomberg • Citators(KeyCite on Westlaw; Shepard’s on Lexis; Bcite on Bloomberg Law) • Full-text searching • Bloomberg Law • Free resources • Advocacy organizations • Websites

  24. Immigration System:Simplified Organizational Chart Executive Judicial U.S. District Courts See: http://www.dhs.gov/organizational-chart http://www.justice.gov/eoir/eoir-organization-chart

  25. Cases / Decisions:Immigration Courts • Administrative agency (DOJ) adjudicative body • More than 50 around the country • EOIR Immigration Court Listing • Rules of procedure: • Immigration Court Practice Manual • Non-precedential decisions • Availability of decisions is extremely limited • How to find decisions (or summaries of decisions): • Treatises • Interpreter Releases • On Westlaw • Law library, KF4802 .I57 • Bender’s Immigration Bulletin • On Lexis • Note: Law library has it (KF4819 .B46) but no longer subscribes to updates in print • Free resources • Advocacy organizations • Listservs

  26. Admin Decisions(Specialized Courts)Board of Immigration Appeals (BIA) • Administrative agency (DOJ) adjudicative body • Authorized to have17 Board Members, though may be fewer • Located in Falls Church, Virginia • Rules of procedure: • Board of Immigration Appeals Practice Manual • Precedential and non-precedential decisions • How to find decisions (or summaries of decisions): • Treatises • Westlaw; Lexis • Ben Winograd, Index of Unpublished Decisions of The Board of Immigration Appeals (Immigrant & Refugee Appellate Center (IRAC)) • Law library subscribes to monthly update in PDF format. To access, ask a librarian at the Reference Desk. • Free resources • EOIR, Virtual Law Library • Administrative Decisions Under Immigration & Nationality Laws (I. & N. Dec.), Government Publishing Office • Attorney General and BIA Precedent Decisions. Dept. of Justice. • Advocacy organizations • Listservs

  27. Administrative Agency Policies & Guidance: Department of Justice (DOJ) • EOIR Statistics and Publications • Immigration Judge Benchbook • Immigration Court Practice Manual • Board of Immigration Appeals Practice Manual • Policies periodically announced by the Attorney General or the Director of EOIR

  28. Administrative Agency Policies & Guidance:Department of Homeland Security (DHS) • USCIS, Immigration Handbooks, Manuals and Guidance (in particular, see Adjudicator’s Field Manual) • USCIS, Affirmative Asylum Procedures Manual (AAPM) (last updated May 2016) • USCIS Asylum Division Training Programs (including Asylum Officer Basic Training Course, AOBTC) • Policies periodically announced by the Secretary of Homeland Security or the Director of ICE • Example: DHS implementation memos related to President Trump’s executive orders

  29. Cases

  30. Case RepositoriesWestlawLexis Advance Bloomberg LawGoogle ScholarCasetext

  31. How to find decisions: • Treatises • Westlaw; Lexis • Annotated U.S. Code (Notes of Decisions on Westlaw; Case Notes on Lexis) • Headnotes • Points of Law • Citators (KeyCite on Westlaw; Shepard’s on Lexis; Bcite on Bloomberg Law) • Full-text searching • Bloomberg Litigation Intelligence Center • Free resources • Advocacy organizations • Websites

  32. Current Awareness

  33. Current Awareness/Legal News • Legal newspapers, e.g., New York Law Journal and from Lexis. • Newsletters, e.g., Law360; • listservs; • blogs, e.g, TaxProfBlog. • US Law Week (Bloomberglaw)

  34. Hypothetical • Our client, Ross, who lives in Cincinnati, OH, thinks he has been discriminated against in trying to rent an apartment. Recently his sister Monica called him, very excited. Her friend Phoebe had told her that a couple of her neighbors in her building had moved out. Monica went to view an apartment there, and the very pleasant landlady said that there were a few units open or opening up soon. It’s a cozy building in a neighborhood that’s rapidly becoming more popular, and the rent is reasonable. (Great find!) Ross quickly inquired with the landlady, but she told him that all the apartments had been snapped up already. Ross and Monica were surprised, so they asked their friends Chandler and Rachel to try calling the landlady. Rachel was told that there were a couple apartments open and she should make an appointment to view them. Chandler was told there were no vacancies. Later, Monica talked to Phoebe again and learned that most of the current tenants are women and that the landlady seems to prefer women because she thinks that they are generally more responsible tenants. • Issue : Has the landlady violated any federal law relating to discriminatory practices in property rentals? Tell me about the most relevant statutes, regulations, and cases.

  35. Building Your Answer • Map out the issue (meta research; planning your research) • Does the FHA apply to this building? • Does the FHA cover gender/sex? • Does the FHA cover the landlady’s actions? • [Does Chandler (tester) have standing to sue?] • What CFR provision states prohibited practices? • What cases would you research? Jurisdiction, relevant facts, etc • Facts for further inquiry • 42 USC §3603(b)(2) exemption (“Mrs. Murphy exemption”): • How large is the building? [Let’s assume that it’s more than 4 units] • Does the landlady own it and live there? [Let’s assume no] • Points for discussion: • Chart of ways to find cases • What does “cases” include in this context? Is there any relevant adjudicatory body within an administrative agency? • Finding ALJ decisions • HUD website (only “substantive and precedential decisions”…probably same on Westlaw, Lexis) • Westlaw: Browse to Administrative Decisions & Guidance >> Department of Housing & Urban Development >> Office of Hearings and Appeals Decisions • Lexis: Either (1) add this filter to search box: Dept. of Housing and Urban Development Office of Administrative Law Judge Decs or (2) browse to Administrative and Agency Materials >> Real Property Law • How did you decide you were done with your research? • In real life, you would also look for applicable state and local law. Some states and cities have enacted laws providing broader civil rights protections than federal law.

  36. Reference Help • Remember, you will have access to the law library resources for the rest of your stay here and even after graduation (print & digital on-site access). • Academic Year Reference Hours (School in Session): 10-8 (Mon-Th); 10-5 (Fr); 12-6 (Weekends) • Academic Vacations: 10-5 (Mon-Fr) • Tel: 212-845-3743