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Choosing a Treatise or other Secondary Source

Authoritative Treatises for California

The Law Library has in print all four Witkin Legal Institute treatises covering California law.  They are also available in Westlaw and Lexis.

Major Types of Secondary Sources

In alphabetical order:


Characteristics Strengths & Weaknesses Examples Availability
American Law Reports (ALRs)
  • Made up of individual articles called “annotations”
  • Attorney authors
  • Narrow legal topics with summaries of relevant cases by jurisdiction
  • ALR Index covers all but 1st series, which has its own index
  • Updated by pocket parts
  • + Annotations have detailed summaries for many of the cases discussed & usually have in-depth analysis
  • + Good overview of how courts throughout the country deal with a particular issue
  • - On-point annotation may not exist
  • - On-point annotation may not provide much authority for your jurisdiction, or may be out of date
ALR 6th (state)
ALR Fed. 2d (federal)
ALR Int’l
Print (KF132.Axx and KZ199.A44)
Lexis
Westlaw
Congressional Research Service (CRS) Reports
  • + Reports provide in-depth analysis of a specific topic
  • + Good overview of legislation that may be involved
  • - On-point report may not exist
  • - Updates to a report may depend on individual author, may be out of date

Auditing and Its Regulators: Reforms after Enron,
Order Code RS21120

ProQuest Congressional

http://opencrs.com

Encyclopedias
  • Alphabetical arrangement
  • Broad topics
  • Jurisdiction varies (can be national or state-specific)
  • Multiple authors
  • Multi-volume subject index
  • + Good overview of law on a variety of topics
  • + National provides a sense of how different jurisdictions are treating a topic
  • + State focuses on single jurisdiction
  • - Not much in-depth discussion of cases
  • - National may not provide much (if any) authority for your jurisdiction
  • - State limited to one jurisdiction
American Jurisprudence, 2d (Am. Jur.) (National)
California Jurisprudence, 3d (Cal. Jur.) (California-specific)
Print
Lexis (not C.J.S.)
Westlaw
Form Books
  • Aimed at attorneys and judges
  • Provide sample forms with commentary
  • Usually large multi-volume sets
  • Transactional or litigation focus
  • Forms may be incorporated into other resources
  • + Provides model language and guidance that may save you drafting time
  • + Focus on specific jurisdiction may be available
  • - Model language cannot be used as-is, must be adapted to situation at-hand

Am. Jur. Pleading and Practice Forms

California Wills & Trusts Forms

Print
Lexis (coverage varies)
Westlaw (coverage varies)

Journals & Law Reviews
  • In-depth scholarly articles by law faculty or law students
  • Tend to analyze current issues
  • Published by law schools
  • Use periodical index or full text database to find articles
  • + Provides critical legal analysis and policy arguments
  • + Discusses emerging trends in law
  • - Rarely provides a general explanation or overview of the law
  • - Law school journal editorial boards are students; few peer-reviewed law periodicals
  • - Articles are not updated
Southern California Law Review (S. Cal. L. Rev.)
Stanford Law and Policy Review (Stan. L. & Pol’y Rev.)

Full text: Print, Lexis, Westlaw, Hein Online (dates of coverage vary)


Subject indices: LegalTrac, Index to Legal Periodicals

Looseleaf Services
  • Single-subject focus, heavily-regulated areas
  • Updated frequently, as often as weekly
  • Practitioner audience
  • Compile primary materials and analysis
  • Newsletter or interfiled-page format
  • + Exhaustive coverage of complicated areas of law
  • + Provides most current information available
  • + In-depth explanations often accompany primary materials
  • - Not as useful for how-to guidance
  • - May be overwhelming if unfamiliar with the area of law

Standard Federal Tax Reporter (CCH)

U.S. Law Week (BNA)

Checkpoint (tax titles)
CCH Intelliconnect (coverage varies)
BNA (coverage varies)

Practice Guides
  • Single-subject focus in a particular jurisdiction
  • Practitioner audience—written by and for practicing attorneys
  • Court rules included
  • May contain checklists, tips, sample forms
  • + Provides how-to guidance in plain language
  • + Includes many practice-oriented tools
  • - Updated less frequently, often annually
  • - Primary law only highlighted if relevant for practice
CA Practice Guides (“Rutter Guides”) Print
Westlaw 
CA Continuing Education of the Bar (“CEB”) Print
OnLaw
Matthew Bender Print
Lexis
Treatises
  • Detailed analysis on one subject
  • Scholar authors
  • Often updated by pocket parts and/or supplements
  • Available in multiple formats
  • Single or multi-volume with index
  • + Exhaustive analysis
  • + Discusses many jurisdictions
  • + Fair amount of discussion of cases
  • - May not cover your jurisdiction 
  • - Not all treatises are authoritative, comprehensive, current, and well-organized

Corbin on Contracts  

McCarthy on Trademarks and Unfair Competition

Print
Lexis (coverage varies)
Westlaw (coverage varies)

Treatises at UCI Law

Using Secondary Sources in Print

See instructional videos on using print encyclopedias and treatises.

Features of Secondary Sources Online

Searching and Browsing Tools Lexis Westlaw WestlawNext
Browse next & previous sections Book Browse Next Section & Previous Section Next Section & Previous Section
Browse table of contents Table of Contents (ToC) Table of Contents Table of Contents
Search an index Sometimes not available Index, if available
Under Tools & Resources, if available
Search within results (narrow a set of results, without paying for a new search) FOCUS Locate in Results Search within Results
Last Modified: Jan 25, 2013

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