Research for Law Reviews and Journals

Transcription

1 Research for Law Reviews and Journals OVERVIEW Law reviews and journals are student-run law school organizations whose primary purpose is to publish journals of legal scholarship. Some law journals focus on specific areas of law, like business law or international law. Most law reviews and journals publish articles by outside authors, (professors, judges, and practitioners), as well as short articles, (called notes or comments ), by the member students. Students can become members of their school s law review or journal staff through a variety of methods, including writing competitions or fulfilling grade requirements. Every law review and journal has an editorial board, comprised of third-year law students, and includes an Editor-in-Chief and other editors, (Managing Editor, Membership Editor, Executive Editor, and Notes and Comments Editor). DEFINITIONS Bluebooking: the process by which you determine if citations conform to the standards set forth in The Bluebook. The Bluebook: A Uniform System of Citation: relied upon by legal scholars and practitioners as the definitive source of rules for citation in legal documents and law journals. (from the Introduction to The Bluebook) Case notes or comment: publishable-quality work submitted by a member of a law review or journal. Preemption check: the process of checking to be sure that a topic has not been the subject of a previously published work. Notes or comments should have original ideas which enhance the scholarship value of the publication. Source collection: the electronic or manual collection of all materials referenced in a submitted article. This collection is done to verify propositions and check cited sources for accuracy. Tier edit: the editorial process by which a number of members edit a submission for content. Cite check: verification that the author s submission accurately reflects or credits the referenced material.

2 RESEARCH TACTICS FOR LAW REVIEWS AND JOURNALS WHEN YOU HAVE GO TO DO THIS a citation for a particular law The Get a Document Type the citation for the article you wish to review or journal article that by Citation tab. retrieve, e.g., 7 am j l med 61, choose you need to read. the Full Text radio button, click Get. a citation that you need Shepard s Type the citation in the open field, to verify. e.g., 410 us 113, and click Check. Click Custom to use Custom Restrictions to preview potential negative treatment from citing references. a quote or proposition The source collection that At the search template, type the from a submitted article. No has the area-of-law materials phrase you wish to verify: preventing source is given and you need which the article is based tobacco use among young people. to verify the statement, (e.g., upon; e.g., Area of Law - Click Natural Language, then click preventing tobacco use By Topic > Healthcare Search. among young people). U.S. & Canada Law Reviews, Combined a quotation that you need to The Get a Document Type the citation of the document; e.g., check in a document for by Citation tab. 61 fr 44396, choose the Full Text radio which you have the citation. button, click Get. Then, click FOCUS and enter the quotation you need to verify. Click FOCUS to find the quotation in the document. to find advance, expert Federal Legal - U.S. > Supreme Type the date restriction as your Terms & analysis of the issues, facts, Court Cases & Materials > Connectors search request, e.g., and significance of cases Preview of United date is 3/2004 argued before the U.S. States Supreme Supreme Court. Court Cases Research for Law Reviews and Journals - LexisNexis

3 WHEN YOU HAVE GO TO DO THIS an idea for your note or Lexis Search Advisor, Type terms relevant to your issue, comment, (e.g., the potential Option 1: Find a Legal Topic (e.g., privacy, school, metal detector) invasion of privacy when in the open field under Option 1: schools require students to Find a Legal Topic. Click Find. pass through metal detectors), and you need to do a preemption check. Select topics from those displayed on your screen, (e.g., Criminal Law & Procedure > Search & Seizure > Warrantless Searches > School Searches). Select the Analytical Materials tab for documents pertinent to your topic, (e.g., Criminal Law Review Articles). a note or comment to write Lexis Search Advisor. Select the Analytical Materials tab and and you are looking for ideas Select a topic from Option 2: click the displayed link to read Constitutional on topics to cover. Explore Legal Topics, Law Reviews for related law review articles. e.g., Constitutional Law. Then, select subtopics under this area; e.g., Constitutional Law > Search & Seizure > Exclusionary Rule a note or comment to write Federal Legal - US > Federal Type a Terms & Connectors search request, and you want to find current Cases Within 2 Years, e.g., circuit /2 split! or disagree! topics by searching for Combined in the open field. To find cases decided circuit splits, i.e., cases in past 6 months, select Previous 6 months dealing with the same issue from the pull-down date menu. Click Search. which have produced opposing opinions among different circuits. Click FOCUS to narrow your results to only those cases which discuss a particular issue, e.g., the use of tobacco settlement funds. Type tobacco /2 settle! in the open field and click FOCUS. an exemplary source and you The document containing Highlight 2 3 sentences of text that best need to find additional sources the on-point text represent the issue you are researching. to use as authority. Click More Like Selected Text. Select a source to search and click Search. an on-point headnote and The headnote listed in Click More Like This Headnote. you need to find all relevant your document Select a jurisdiction for the cases you headnotes, even those with wish to search and click Go. Your results different classification labels. include a Digest View that provides a list of cases, along with headnotes OR other significant portions of text.

4 Research Shortcuts for Law Reviews Navigate to specific pages with STAR PAGINATION The star pagination feature allows you to navigate to specific pages within case-law documents, law review articles, public laws, and other documents that are paginated online. Go directly to a specific page in a particular reporter: 1. Select a reporter from the pull-down menu In the Select a Reporter box at the bottom of the screen. 2. Type the page number; click Go Update your research automatically with ECLIPSE Use the ECLIPSE feature to set up your own personal electronic clipping service and receive automatic updates on materials such as: Cases on appeal that might affect the outcome of a case that is central to your research New court opinions, agency decisions, laws, regulations or other events that may affect a case you are using and Where and when your law review or journal is mentioned in the news and in other publications To set up an ECLIPSE search: 1. Select a source and run a search that produces satisfactory results. 2. Click Save as ECLIPSE at the top of any document in your results. 3. Specify the update frequency and delivery method then, click Save Restricting your search by Segment Segments are divisions or sections within a document. Searching in segments allows you to be more precise in your research by looking for terms in specific parts of a document rather than in the whole document. Frequently used segments in various documents include: CASES: NAME, DATE, COURT, OPINION, JUDGE LAW REVIEWS: TITLE, AUTHOR, PUBLICATION STATUTES: TITLE, SECTION, CHAPTER, UNANNO NEWS ARTICLES: TITLE, PUBLICATION, BYLINE, HLEAD To include a segment in your search: 1. Select a source at the source page. 2. When you see the Enter Search Terms template, click the + next to Restrict Search Using Document Segments. 3. Select the segment to search from the list displayed in the drop-down menu. 4. In the open field next to the selected segment name, enter the term or phrase you are searching for within that segment. 5. Click Add If you know the segment name in which you want to search, you can simply enter the segment search just as you would any other search request. In the open field of the search template, type, for example, court(second circuit). Note: When adding segments to other search terms, be sure to use the and connector. For example, court(second circuit) and fourth amendment and date aft 8/1/1998. Research for Law Reviews and Journals - LexisNexis

5 Listed below are some useful segment search examples for law reviews: WHEN YOU NEED: Law review articles written by a particular person. SEARCH: author(john /3 doe) OR author(doe) A law review article when you know the title. SEARCH: title(expatriation and the american citizen) A case when you know one or more party names. SEARCH: name(roe and wade) OR name(roe) All opinions written by a particular judge. SEARCH: opinionby(thomas) A statute when you know the name. SEARCH: title(americans with disabilities) A newspaper article when you know the title. SEARCH: title(bush and afghanistan) LexisNexis Get & Print LexisNexis Get & Print is a fast and easy way to retrieve the full text and/or Shepard s reports for multiple citations. To access Get & Print: 1. Click the Get a Document by Citation or Shepard s tab. 2. Click the Get & Print link on the template. Once you have accessed Get & Print, complete the template by providing the following information: Identify the research session Enter citations separated by hard returns or commas Click Citation Formats if you need to check the correct citation format Select Report Services Select Delivery method Click Get to process the Get & Print request LexisNexis Citation Tools: CheckCite 8.4 and LEXLink CheckCite The CheckCite software program is an efficient way to check the validity and accuracy of your work. It automatically generates a comprehensive report for each citation, including a summary report that tags problem cites. CheckCite not only retrieves Shepard s reports for each citation, but also identifies potential errors in citation content, (e.g., case names, parallel citations, year of decision) and verifies direct quotes. LEXLink The LEXLink feature streamlines the drafting process as you prepare a brief, memorandum, or other researchbased document using a word-processing program. The LEXLink feature: Makes a copy of your word-processing document or lays links on top of an html document; then, Counts the recognizable citations; and, with a single click Adds hyperlinks to LexisNexis and to the Shepard s Citations Service. Use the LEXLink feature to create links to cases, federal and state statutes, federal rules, law review articles, and important tax material citations without altering your original Microsoft Word, WordPerfect, or html document. Additionally, you can use the LEXLink feature to: Get a case, statute or other document from LexisNexis; Find Shepard s citing references for a case, statute, or other document; Navigate through a list of hyperlinked citations. Highlight text and utilize the More Like Selected Text feature on LexisNexis; For more information on these citation tools, ask your LexisNexis Law School Representative. Research for Law Reviews and Journals - LexisNexis

6 Tax Law OVERVIEW The practice of tax law encompasses broad-based tax planning, specialized tax planning, tax controversy work, and compliance work. Tax law can easily be divided into two main categories: 1. Federal tax law 2. State tax law Federal tax law is governed by the Internal Revenue Code (IRC), which is the codification of the rules and regulations promulgated by the United States Congress, and enforced by the Internal Revenue Service (IRS). State tax law is governed by the rules and regulations enacted by the lawmaking body of each state. The LexisNexis services offer an extensive collection of tax information that includes: the Internal Revenue Code, IRS regulations, General Counsel Memorandum, the Internal Revenue Bulletin, Private Letter Rulings, Revenue Rulings, Tax Analyst publications, and legislative history materials with coverage back to 1956, as well as Shepard s for validation. DEFINITIONS Adjusted Gross Income: an individual s gross income less allowable deductions, 26 U.S.C. 62. Corporations: corporations are required to file income tax returns as governed by an intricate body of rules specific to corporations. The Corporate Tax Rate schedule can be found at 26 U.S.C. 11. Federal Estate Tax: the tax imposed on the right to transfer property as the result of a death. This tax is levied on the estate of the deceased and not on the person receiving the gift. Computation of Taxable Income, definitions: Gross Income (26 U.S.C. Sec. 61, ) LESS deductions from Gross Income (26 U.S.C. Sec. 62) EQUALS Adjusted Gross Income (26 U.S.C. Sec. 62) LESS Personal Exemptions (26 U.S.C. Secs. 63(b)(2), ) LESS Standard Deduction(s) (26 U.S.C. Sec. 63 (c) ) OR, IF GREATER, LESS Itemized Deductions (26 U.S.C. Sec. 63 (d), (e) ) EQUALS Taxable Income (26 U.S.C. 63 (a) (b) ) TIMES Tax Rates Based on Status (26 U.S.C. Sec. 1, 2 (b), 7703 (a) ) EQUALS Income Tax MINUS Tax Withheld (26 U.S.C. Sec. 31) MINUS Other Credits (26 U.S.C. Sec ) EQUALS Final Income Due, PLUS (if any), Alternative Income Tax (26 U.S.C. Secs ). General Counsel Memorandum: the IRS internal memos prepared in connection with the review of proposed Private Letter Rulings, proposed Technical Advice Memos, and proposed Revenue Rulings. These memos (GCMs) analyze the legal issues involved and make recommendations but have no precedential value. GCMs are seldom used now as the IRS moves toward the use of Private Letter Rulings (PLRs). Gift Tax: the tax imposed on the gift transfer of property. The tax is imposed on the donor of the gift and is based on the fair market value of the gift. Gross Income: all income regardless of the source from which the income is derived. See 26 U.S.C. 61. Tax Law - LexisNexis

7 Income Tax: the authority to tax comes from the 16th amendment of the U.S. Constitution. All citizens of the U.S. are subject to federal income tax in order to generate revenue for the federal budget, but not all citizens are subject to state income tax; e.g., Nevada has no state income tax. Internal Revenue Bulletin (IRB): the official weekly publication of the IRS. Documents released in the IRB include Revenue Rulings, Revenue Procedures, Notices, Announcements, and Treasury Decisions. Internal Revenue Code: the full body of federal tax law, including income, estate, gift, excise, etc., comprising the entirety of Title 26 of the USCS. These laws are implemented by the Treasury Regulations and Revenue Rulings. See 26 U.S.C. Sec.1 et seq. IRS Notice: a notice sent from the IRS to the taxpayer regarding tax liability, an error, etc. The notice sets forth the issue the IRS wants the taxpayer to address. Private Letter Ruling: a written statement issued to individual and corporate taxpayers and outlines the tax consequences of proposed transactions. The Tax Reform Act of 1976 requires disclosure of these letters. PLRs are used to spot trends in the IRS practice but have no precedential value. Regulations: provide the Internal Revenue Service s interpretations of particular U.S. code sections. Final regulations have the force and effect of law. Title 26 of the CFR comprises the Internal Revenue s regulations, while Title 26 of the U.S. Code Service contains the Internal Revenue Code. The CFR section numbers for many regulations will correspond directly to the IRC section number they interpret. However, many CFR section numbers do not track a corresponding IRC section number, often because they relate to administrative matters not properly addressed through legislation. See 26 C.F.R. 1.1 et seq. and 31 C.F.R. 101 et seq. Revenue Procedure: an official statement of procedure from the IRS that addresses the administration of tax laws. A Revenue Procedure is first published in the Internal Revenue Bulletin, then transferred to the Cumulative Bulletin. Revenue Ruling: issued by the National Office of the IRS and expresses an official interpretation of the tax law. Published in the Internal Revenue Bulletin, it is the conclusion of the service on how the law is applied to an entire set of facts. Revenue Rulings are intended to fill in the substantive gaps not covered by specific IRC sections or regulations. Revenue Rulings, though not as authoritative as regulations, are the commissioner s interpretation of the law as it relates to a given set of facts and the IRS is bound by it. Taxable Income: either the gross income of a business or the adjusted gross income of an individual minus deductions and exemptions. See 26 U.S.C. 63 (a) and (b). Technical Advice Memoranda (TAMs): initiated by taxpayers through IRS field auditors when questions arise in the course of an audit. TAMs are directed only to the taxpayer it addresses, have no precedential value and may not be cited as precedent. Technical Memoranda: the internal documents prepared in connection with proposed Treasury regulations that summarize the proposed rule, provide background information, identify controversial legal or policy questions, and discuss reasons for the approach taken. A Technical Memoranda has no precedential value. Tax Law - LexisNexis

8 Finding information on the LexisNexis services When you know the citation: To get the full text of tax-related documents when you know the citation, use Get a Document by Citation. To validate case law or statutory/regulatory authority and various documents commonly released by the IRS, use the Shepard s Citations Service. Type of document Get a Document format Shepard s format Case Law U.S. Tax Court Decision 87 tc tc 983 U.S. Tax Court Slip Opinion 87 tc no tc no 63 U.S. Tax Court Memorandum Decision (official) tc memo tc memo U.S. Tax Court Memo (CCH) 55 tcm tcm 1736 Board of Tax Appeals 19 bta bta 1186 U.S. Tax Case 37-1 ustc us tax case 9236 American Federal Tax Reports (RIA) 28 aftr aftr 43 American Federal Tax Reports 2d (RIA) 46 aftr2d aftr2d 5430 U.S. Supreme Court Reports 500 us us 257 IRS Authorities Revenue Ruling rev rul 87-1 rev rul 87-1 Revenue Procedure rev proc rev proc General Counsel Memorandum gcm gcm Announcement announcement Use C.B. or I.R.B. citation Notice notice N/A Private Letter Ruling / Technical Advice Memo plr plr Technical Memo 1992 tm lexis1 N/A Code/Regulations IRS Code irc sec 422 or 26 usc usc 422 Treasury Regulation 26 cfr cfr Treasury Regulation (as published in the Federal Register) 46 fr 1165 N/A Legislative/Regulatory Materials Bill Tracking Report (House and Senate) 107 bill tracking hr 1836 N/A Committee Report (House and Senate) 107 h rpt 251 N/A Congressional Record (House and Senate) 147 cong rec h 4023 N/A Full-text Bill (House and Senate) 107 hr 1836 N/A Regulation, proposed or final, as published in the Federal Register 66 fr N/A U.S. Public Law 107 pl 16 N/A State ALS 2001 cal als 543 N/A Tax Law - LexisNexis

9 RESEARCH TACTICS FOR TAX LAW THE RESEARCH IS GO TO DO THIS a topic and you want to find a Lexis Search Advisor; Choose the Analytical Materials tab, broad spectrum of secondary Option 2: Explore Legal Topics; click the link for Tax Law Review sources, e.g., sin tax. e.g.,tax Law > Federal Excise Articles or Legal News Publications Tax > Alcohol, Tobacco & Related Excise Tax (IRC secs , , , , , 5881) a case, regulatory, or Legal > Area of Law - By Submit a Terms & Connectors search administrative decision and Topic > Taxation > Cases request, e.g., wrongful /5 disclos! you want additional documents and Court Rules > Federal > and except! or exempt! /2 that similarly address an issue, Federal Courts Tax section 6103 e.g., federal court cases Cases involving wrongful disclosure Highlight selected text of a retrieved of tax return information decision that illustrates your issue and that mention section 6103 of click the More Like Selected Text the Internal Revenue Code. feature to find like cases. a U.S. Code section and you Shepard s Click the Shepard s tab. Type the citation in want to find cases that refer the open field, e.g., 26 usc 7206, click the to this code section, e.g., Shepard s for Research (FULL) radio 26 U.S.C button and click Check. Click the Exact match citing references for this code citation, then use the FOCUS - Restrict By feature to find specific language or terms, e.g., willful! or know! /10 perjur! Revenue Procedures that address limited partnership. Legal > Area of Law - By Topic > Taxation > Administrative Materials & Regulations > Federal > Agency Decisions > IRS Cumulative Bulletin and Internal Revenue Bulletin Submit a Terms and Connectors search request, e.g., document (rev proc) and limited partnership Tax Law - LexisNexis

10 THE RESEARCH IS GO TO DO THIS Revenue Rulings outlining exceptions to the rule in code section 861(a) (3). Private Letter Rulings and Technical Advice Memos that the IRS has labeled with code section 355 and discuss the active business requirement of section 355(b). Legal > Area of Law - By Topic > Taxation > Administrative Materials & Regulations > Federal > Agency Decisions > IRS Cumulative Bulletin and Internal Revenue Bulletin Legal > Area of Law - By Topic > Taxation > Administrative Materials & Regulations > Federal > Agency Decisions > IRS Private Letter Rulings and Technical Advice Memoranda Submit a Terms and Connectors search request, e.g., document (rev rul) and section 861 a 3 /25 exception Submit a Terms and Connectors search request, e.g., heading (355) and 355(b) /10 active business Advance notice of IRS releases Several times each week, the IRS releases to the public selected Revenue Rulings, Revenue Procedures, Announcements, and Notices in advance of publishing them in the Internal Revenue Bulletin. The important advance notices are available within hours of their release by the IRS. Each advance release is available on LexisNexis for fourteen days following release. To learn of upcoming IRS releases, use this source path: Legal > Area of Law - By Topic > Taxation > Administrative Materials & Regulations > IRS Advance Releases Tax Law - LexisNexis

11 Environmental Law OVERVIEW This broad-based practice area covers everything from air/water quality to forestry, mining and other land/water uses as well as waste disposal. A body of state and federal statutes governs these issues, and gives individuals and groups the right to bring legal actions or seek court orders to enforce the protections specified in it. In addition to litigation and settlement agreements, environmental law practitioners often focus on due diligence; i.e., helping clients construe and comply with the law. DEFINITIONS Nuisance: conduct that unreasonably interferes with use and enjoyment of land. Trespass: physical invasion of another person s property. Injunction: an order issued by a court requiring someone to do something or prohibiting some act. Environmental Protection Agency (EPA): the federal agency responsible for implementing most federal pollution-control statutes. The EPA has the power to create regulations, issue permits, and enforce law. Administrative Procedure Act (APA): defines the procedures that federal agencies must follow when developing regulations or issuing permits. 5 U.S.C.S. 551 et seq. Standing: in order to challenge an agency action in federal court the litigating party must have a sufficient stake or interest. Cost/Benefit Analysis: compares the cost of a regulation with the regulation s benefits. National Environmental Policy Act (NEPA): requires agencies to prepare an Environmental Impact Statement for federal actions that may significantly affect the quality of the human environment. 42 U.S.C et seq. Environmental Impact Statement (EIS): the document which describes the environmental consequences of certain proposed governmental actions. Environmental Law - LexisNexis

12 Finding Information on the LexisNexis services Find it with Type of Document Get a Document Document Description by Citation Search with Sources EPA Consent A decree by the EPA that Not available for a Legal > Area of Law - By Topic > Decree sanctions a voluntary document in this Environment > Administrative agreement between source Materials & Regulations > parties in a dispute. Federal > Agency Decisions > EPA Consent Decrees Code of Federal Codified rules and 40 cfr Legal > Area of Law - By Topic > Regulations regulations enacted by Environment > Administrative EPA. Relevant titles include: Materials & Regulations > Title 21. Food and Drugs Federal > CFR - Title 29. Labor Environmental Titles Title 33. Navigation and 21, 29, 33, 40, 42, 43, Navigable Waters 49, 50 Title 40. Protection of Environment Title 42. Public Health Title 43. Public Lands, Interior Title 49. Transportation Title 50. Wildlife and Fisheries Federal Register Rules and regulations 63 fr Legal > Area of Law - By Topic > enacted by EPA are Environment > Administrative published in the Materials & Regulations > Federal Register. Federal > FR - Federal Register Segments are logically recognized sections in documents on the LexisNexis services. You can use segment searching in Terms and Connectors search requests to help you qualify the location of terms in a document, specifying a segment and placing the terms within parentheses. For example, in this sample search request in the Federal Register, retrieved documents can only be final actions from the Environmental Protection Agency. To search the full text, type agency (environmental) action (final) in the open field, choose the Terms & Connectors radio button, and click Search. Federal Environmental law cases 521 us 591 Legal > Area of Law - By Topic > Environmental from federal courts Environment > Cases > Cases construing the federal Environmental Cases, environmental laws. Federal Environmental Law - LexisNexis

13 RESEARCH TACTICS FOR ENVIRONMENTAL LAW THE RESEARCH ISSUE IS GO TO DO THIS a topic and you want to find a Lexis Search Advisor; Click the Analytical Materials tab, broad spectrum of secondary Option 2: Explore Legal Topics, then click the link for Environmental materials, e.g., standards for e.g., Environmental Law > Law Review Articles hazardous radon exposure Hazardous Wastes & Toxic and cleanup. Substances > Cleanup a case, regulatory, or Legal > Area of Law - By Submit a Terms and Connectors administrative decision and Topic > Environment > search request; e.g., you want additional documents Multi-Source Groups > lawyer or attorney /5 fee or that similarly address an Environmental cost /25 recover! or cleanup or issue; e.g., cases and agency Cases and Agency clean! up and date aft 2003 decisions that discuss the Decisions, Federal recovery of attorney s fees and cleanup costs. Highlight text of a retrieved decision that illustrates your issue and use the More Like Selected Text feature to find like documents. the citation for a statute Shepard s Click the Shepard s tab. Type the citation (e.g., the Clean Air Act, in the open field, e.g., 42 uscs 7401, (42 U.S.C.S. 7401)) and you choose the Shepard s for Research (FULL) want to find cases and other radio button, and click Check. documents that refer to it. Click the Exact match link to view the cases that have cited to this section, then use the FOCUS - Restrict By feature to find specific language or terms. state site records for cleanup liabilities on a specific property. EPA Guidance and Policy Documents for replacement guidelines and costs of underground storage tanks. Legal > Area of Law By Topic > Environment > Environmental Site Records > State > State Priority Lists Legal > Area of Law By Topic > Environment > Treatises & Analytical Matierals > Environmental Law Institute > Environmental Law Institute Guidance & Policy Documents Submit a Terms and Connectors search request, e.g., state (nc) and pesticide Click Go to Table of Contents and select Underground Storage Tanks To find specific language within the documents, type your terms, e.g., replac! /10 storage tank or ust in the FOCUS Terms box and click Go. Environmental Law - LexisNexis

14 THE RESEARCH ISSUE IS GO TO DO THIS recent decisions that have referred to a particular statute, e.g., the National Pollutant Discharge Elimination System (NPDES). all available EPA decisions that discuss wetlands development. U.S. Code sections that discuss radon levels. Legal > Area of Law - By Topic > Environment > Multi-Source Groups > Environmental Cases & Agency Decisions, Federal Legal > Area of Law - By Topic > Environment > Administrative Materials & Regulations > Federal > Agency Decisions > EPA Administrative Materials Combined Legal > Area of Law - By Topic > Environment > Statutes & Legislative Materials > Federal > USCS Environment Titles 7, 15, 16, 21, 30, 33 and 42 Submit a Terms and Connectors search request, e.g., national pollutant discharge or npdes or n.p.d.e.s. and date aft 2003 Submit a Terms and Connectors search request, e.g., wetlands /10 develop! Submit a Terms and Connectors search request, e.g., radon /5 level Environmental Legislation and Legislative Histories Retrieve the U.S. Code Service text of environmental acts, e.g., CERCLA, SARA, CWA, SDWA, etc.: Legal > Federal Legal - U.S. > United States Code Service (USCS) Materials > United States Code Service Titles 1 through 50 Gain greater understanding about environmental acts by getting legislative history compilations prepared by the Congressional Information Service: Legal > Area of Law - By Topic > Environment > Statutes & Legislative Materials > Federal > Legislative Histories Environmental Law - LexisNexis

15 Intellectual Property Law OVERVIEW Information and knowledge in their most tangible form are intellectual property patents, trademarks, copyrights, and trade secrets. A patent is the right to exclude others from making, selling, or using an invention. A symbol placed on a product by a manufacturer or vendor used to identify and distinguish the product from others is a trademark. A copyright is a right given to the original author or creator of a literary, musical, dramatic, choreographic, or artistic work. It is the exclusive right to publish and sell one s work. A trade secret is confidential information which gives a person or business an advantage over others who work in the same business. An attorney practicing in the area of intellectual property is responsible for properly obtaining, protecting, and utilizing a client s intellectual property portfolio. DEFINITIONS Patent: an exclusive right to the benefits of an invention or improvement granted by the U.S. Patent Office, for a specific period of time, on the basis that it is novel (not previously known or described in a publication), non-obvious (a form which anyone in the field of expertise could identify), and useful. There are three types of patents. Utility patent: a process, a machine (mechanism with moving parts), manufactured products, and compounds or mixtures (such as chemical formulas). Design patent: new, original and ornamental design for a manufactured article. Plant patent: new variety of a cultivated asexually reproduced plant. Patent Infringement: making, using, or selling a device within claims of previous patent. Trademark: a distinctive design, picture, emblem, logo or wording (or combination) affixed to goods for sale to identify the manufacturer as the source of the product. U.S. Patent and Trademark Office (PTO): the federal entity which administers the laws relating to patent and trademark. Lanham Act: the federal statute which provides nationwide protections for trademarks. 15 U.S.C Copyright: the exclusive right of the author or creator of a literary or artistic property (such as a book, movie or musical composition) to print, copy, sell, license, distribute, transform to another medium, translate, record or perform or otherwise use (or not use) and to give it to another by will. As soon as a work is created and is in a tangible form (such as writing or taping) the work is eligible for federal copyright protection. The U.S. Copyright Act: the federal statute which protects writings, architectural design, software, graphic arts, motion pictures, and sound recordings. 17 U.S.C. 101 et seq. Fair Use Doctrine: the non-competitive right to use copyrighted material without giving the author the right to compensation or to sue for infringement of copyright. 17 U.S.C Trade Secret: any type of information that is kept confidential and also gains economic value from not being generally known. Trade secret protection comes in part from contract law and in part from state law. Thus the outcome of a trade secret dispute is influenced by the wording of the contract, if any, and by the particular state law being asserted. Intellectual Property Law - LexisNexis

16 Finding Patent Information on the LexisNexis services Find it with Type of Document Get a Document Document Description by Citation Search with Sources Patent, Full-text utility, plant and patno Legal > Area of Law - U.S. Patent design patents from 1971 By Topic > Patent Law > present. Updated online Patents > U.S. Patents > within 12 hours of publication. Utility, Design and Plant Patents Patent, Published, unexamined ep-a Legal > Area of Law - European applications with complete By Topic > Patent Law > Union (EPO-a) descriptions and claims Patents > Non-U.S. from 1986 forward. Full text Patents > European in the original language of Patents Full-Text publication. Patent, European Granted, examined patents ep-b Legal > Area of Law - Union (EPO-b) with complete descriptions By Topic > Patent Law > and claims, if available, Patents > Non-U.S. from 1991 forward. Full text Patents > European in English, German and Patents Full-Text French. Patent, Japanese English-language bibliographic jp-a Legal > Area of Law - Abstracts data and searchable abstracts By Topic > Patent Law > of published, unexamined Patents > Non-U.S. Patents (KOKAI) patent applications > Patent Abstracts (includes one main drawing of Japan when available). Patent, The LexisNexis version of inp de Legal > Area of Law - INPADOC Patent the International Patent By Topic > Patent Law > Families Documentation Center Patents > Non-U.S. (INPADOC) database brings Patents > INPADOC together families, i.e., all Patent Family and equivalent patents that share Legal Status common priorities for a Database particular invention. The database covers patents issued in 67 countries and patenting organizations. Intellectual Property Law - LexisNexis

17 Finding Trademark and Copyright Information on the LexisNexis services Find it with Type of Document Get a Document Document Description by Citation Search with Sources Trademark, Information includes fed tm reg no Legal > Area of Law - By Topic U.S. federal, by trademark name, status, > Trademarks > Trademark registration registration, goods and Registrations & Manuals > number services, current and prior Federal Trademarks owners, TTAB actions and current and prior assignment codes. Trademark, See above. fed tm ser no Legal > Area of Law - By Topic U.S. federal, by > Trademarks > Trademark serial number Registrations & Manuals > Federal Trademarks Trademark, Thorough information on al tm reg no Legal > Area of Law - By Topic U.S. state, trademark name, status, > Trademarks > Trademark by registration registration, goods and Registrations & Manuals > number services, and current and State Trademarks prior owners. Trademark, See above. st tm ser no Legal > Area of Law - By Topic U.S. state, by > Trademarks > Trademark serial number Registrations & Manuals > State Trademarks Copyright, U.S. Each record includes: title reg no sr Legal > Area of Law - By Topic of the work; owner s name; > Copyright Law > Copyright registration number; whether Registrations > the work is published or U.S. Copyrights unpublished; class and Combined Files retrieval code assigned by the U.S. Copyright Office; and other pertinent information regarding the work and nature of the registration. Intellectual Property Law - LexisNexis

18 RESEARCH TACTICS FOR INTELLECTUAL PROPERTY THE RESEARCH ISSUE IS GO TO DO THIS a topic and you want to find Lexis Search Advisor, Choose the Analytical Materials tab secondary materials, e.g., Option 2: Explore Legal and click the link for Intellectual Property law review articles on the Topics, e.g., Copyright Law > Law Review Articles constitutional basis for Constitutional Protections > copyright under federal law. Copyright Clause Nimmer on Copyright for treatise information, e.g., copyright renewal of films or screenplays. Legal > Area of Law - By Topic > Copyright Law > Treatises & Analytical Materials > Matthew Bender > Nimmer on Copyright Select the Full-text of source documents radio button and submit a Terms and Connectors search request, e.g., renew! /10 film or movie or screenplay /20 public domain a case, regulatory, or Legal > Area of Law - By Topic Submit a Terms & Connectors search request, administrative decision and > Trademarks > Administrative e.g., geographic! /5 misdescript! you want additional documents Materials & Regulations > that similarly address an issue, Agency Decisions > Highlight text of a retrieved decision that e.g., decisions from the US Trademark Trial illustrates your issue, and use the More Trademark Trial and Appeal and Appeal Board Like Selected Text feature to find Board that interpret the Decisions like documents. principle of a trademark. the text of a particular trademark, e.g., Just do it. Legal > Area of Law - By Topic > Trademarks > Trademark Registrations & Manuals > Federal Trademarks Select New Search and submit a Terms and Connectors search request, e.g., name (just do it) a U.S. patent and you want to Shepard s Click the Shepard s tab. Type the patent find cases and other releases citation in the open field, e.g., patno that refer to this document, , choose the Shepard s for e.g., patno Research (FULL) radio button, and click Check. To view the text of the patent, click the link with the patent citation at the top of the report. To view the text of a case that cited this patent, click the link with the underlined case name. Intellectual Property Law - LexisNexis

19 THE RESEARCH ISSUE IS GO TO DO THIS patents issued to a particular company or individual, e.g., Starbuck s. Legal > Area of Law - By Topic > Patent Law > Patents > U.S. Patents, European Patents, Patent Abstracts of Japan, PCT Patents and U.K. Submit a Terms and Connectors search, e.g., assignee (starbuck s) Now use the FOCUS feature to find a specific term, e.g., beverage cup, within your search results. Type and beverage cup after assignee (starbuck s) in the FOCUS Terms box at the top of the page, Search Within All Documents, and click Go. To view drawing sheets for the beverage cup patent, display results in the Full view format and link to Get 1st Drawing Sheet of 3. Chisum on Patents, a Matthew Bender treatise, for information about joint and sole inventors. Legal > Area of Law - By Topic > Patent Law > Treatise & Analytical Materials > Matthew Bender > Chisum on Patents Select the Full-text of source documents radio button and submit a Terms and Connectors search request, e.g., joint /5 sole /10 inventor Intellectual Property Law - LexisNexis

20 Research Tip on Patent Segment Searching Segments are recognized on the LexisNexis services as logical divisions of information within documents. Use segments in Terms and Connectors search requests to retrieve more relevant, precise search results. Commonly used segments for patent information are: ABST patent abstract summarizes technical information abst (underwater vehicle) ASSIGNEE name(s) and address(s) of current and previous assignee (whittle or holders of patent rights kidde fire protection) DATE issuance date for a patent bath tub and date = november 1995 PATNO patent number issued for a patent patno = SUM invention s summary, i.e., background of subject sum (whirl! or jet! or area, the problem the invention solves, and how sauna /2 bath tub) other inventions failed to solve the problem TITLE patent s title title (concentric /5 cylinder /5 assembly) Intellectual Property Law - LexisNexis

21 Corporate and Securities Law OVERVIEW Corporate and Securities attorneys perform due diligence checks, register offerings, assist with mergers, prepare takeover defenses and handle other matters related to business entities. This practice area includes selecting the proper form of business entity ensuring client compliance with the numerous federal and state laws. The decision regarding the type of business entity is influenced by a number of factors including taxation, management control and shareholder liability issues. Securities attorneys also prepare and review SEC filings and counsel corporations on structuring transactions within the boundaries of SEC rules and regulations. Federal statutes govern the majority of corporate and securities issues and transactions. DEFINITIONS Agency: a fiduciary relationship that results from the manifestation of consent by one person (principal) to another person (agent) for the agent to act on the principal s behalf and subject to her control. (Restatement [Second] of Agency section 1.) Authority: the power of the agent to affect the legal relations of the principal by acts done in accordance with the principal s manifestations of consent to him. (Restatement [Second] of Agency section 7.) There are three types of authority under which the agent may act for the principal: Actual authority: requires written or spoken words or any other conduct by the principal that causes the agent to reasonably believe that the principal wants the agent to act on her behalf. It can be implied by conducting acts incidental to it, accompanying it or are reasonably necessary to accomplish it. (Restatement [Second] of Agency section 35.) Apparent authority: requires written or spoken words or any conduct that causes a third party to reasonably believe the principal consents to having the agent act on her behalf. (Restatement [Second] of Agency sections 8 and 27.) Inherent authority: principal is bound by the agent s act regardless of agent having actual authority to act if principal entrusts the agent with ongoing responsibilities. This type of authority makes a principal responsible for an agent s certain unauthorized acts and certain false representations. (Restatement [Second] of Agency section 8A.) Due Diligence: establishes the reputation and determines the business ethics of a company and its principals, and demonstrates the propensity for future problems. Due diligence research includes the following types of inquiries: Determine if a company maintains appropriate registration as a corporation, limited partnership or limited liability company. Identify stock ownership. Develop information provided by the subject company to business reporting agencies in order to make comparative analyses. Verify professional licensing of companies and principals of companies. Litigation searches (civil and criminal) as well as bankruptcy searches. Real and personal property searches. Regulatory agency sanctions searches. Securities and Exchange Commission securities filings. Conduct media research and analysis. Develop additional business interests. Corporate and Securities Law - LexisNexis

22 Corporation: a separate and distinct legal entity from those who own it (shareholders) and those who manage it (directors and officers) created and governed under authority of state law. Fiduciary Duties Duty of Care and Business Judgment Rule: directors and officers must perform their corporate functions in good faith; in a manner they reasonably believe to be in the best interest of the corporation and with the care of an ordinarily prudent person in a like position and under similar circumstances. The business judgment rule creates a rebuttable presumption that directors perform their functions in good faith and that their decisions are rational and informed. Partnership: an association of two or more persons to function as co-owners of a business for profit. Partners are jointly and severally liable and share control unless otherwise agreed. Limited Partnership: one or more general partners and one or more limited partners. General partners are jointly and severally liable and control the business while limited partners liability is limited to the amount of their investment and have no control over the business. Articles of Incorporation: while requirements vary by state, the following are required: corporate name, amount and types of shares, name of incorporators and name/address of registered agent/office. They document the formation of the corporation. Promoters: individuals who raise capital and organize the new business before the Articles of Incorporation are filed. Promoter Liability: concerns actions taken prior to incorporation. The general rule is that promoter is personally liable. Three doctrines address this issue: De Jure Corporation: promoter substantially, but not entirely, complied with legal requirements. De Facto Corporation: good faith attempt to incorporate and the corporate form is used. Corporation By Estoppel: no good faith attempt to incorporate, but third parties who assume corporation exists are estopped from contesting its existence. Securities Act of 1933: regulates how corporate securities are issued and sold and prohibits material misrepresentation, falsity and other fraudulent or manipulative acts and practices in connection with the sale of securities. 15 U.S.C.S. 77a et seq. Securities Exchange Act of 1934: supplements the disclosure requirements of the Securities Act of 1933 ( 1933 Act ) by compelling publicly held corporations to furnish to the record holders and prospective purchasers of their securities information about their corporate affairs substantially comparable to that required of issuers under the 1933 Act. The second purpose of the 1934 Act is to regulate the markets for post-distribution purchases and sales of securities. 15 U.S.C.S. 78a et seq. Securities and Exchange Commission (SEC): administers the acts. The Commission exercises its authority through its operating divisions, including the Division of Corporation Finance, which administers the regulation of financial reporting and disclosure and the standards regarding debt securities indentures under the Trust Indenture Act of Rule 10(b)(5) of the Securities Exchange Act of 1934: prohibits any person from making deceptive, untrue or inaccurate statements or failing to disclose necessary information in connection with the purchase or sale of any security. Standing is limited to purchasers and sellers. Section 12 of the Securities Exchange Act of 1934: to fall under Section 12 a corporation must be registered with the Commission if the issuer has over $10 million in total assets and 500 shareholders of record. If a corporation qualifies under Section 12, proxies must conform to Section 14 regarding federal proxy regulations. Rule 16(a) of the Securities Exchange Act of 1934: a disclosure requirement that directors, officers, and shareholders hold more than 10% of the stock of a corporation registered under Section 12 and must report all share transactions. Rule 16(b) prohibits the purchase and sale or sale and purchase of the corporation s own securities by the above-named within a six-month period. Strict liability offense and damages are paid to the corporation. Tender Offer: an outside party seeks to gain a controlling number of shares by inviting shareholders to tender their shares in exchange for a premium price. Disclosures are regulated by federal law. The Williams Act, 15 U.S.C.S. 78m. Blue Sky Laws: every state, as well as the District of Columbia, Guam, and Puerto Rico, has some form of securities regulation known as blue sky law. The goal of blue sky laws is to protect the investing public from fraud and insubstantial speculative offerings. Corporate and Securities Law - LexisNexis

23 Finding Information on the LexisNexis services Find it with Type of Document Get a Document Document Description by Citation Search with Sources SEC Release Statements from the SEC Available only Legal > Area of Law - By Topic > on various topics related when using the Securities > Administrative to securities and Lexis citation. Materials & Regulations > corporate law. Federal > Agency Decisions > Combined SEC No-Action Letters and Releases SEC No-Action An SEC letter, sent in Available only Legal > Area of Law - By Topic > Letter response to a written when using the Securities > Administrative request for clarification, Lexis citation. Materials & Regulations > indicating that no civil or Federal > Agency Decisions > criminal action will be taken SEC No-Action, against an individual Exemptive & engaging in a particular Interpretive Letters activity. A No-Action letter has no precedential value and cannot be cited in a court of law. CFTC Decision Decisions on matters Available only Legal > Area of Law - By Topic > argued before the CFTC, when using the Securities > Administrative the federal agency created Lexis citation. Materials & Regulations > by Congress in 1975 to Federal > Agency Decisions > regulate futures trading and Commodity Futures protect participants against Trading Commission manipulation and fraud. (CFTC) Decisions U.S. Code Section Federal statutes governing 15 uscs 77aa Legal > Area of Law - By Topic > securities regulation: Securities > Statutes & Titles 7, 12, 15, 18, and 31 Legislative Materials > of the U.S. Code. Federal > USCS - Securities - Titles 7, 12, 15, 18 and 31 Corporate and Securities Law - LexisNexis

24 Find it with Type of Document Get a Document Document Description by Citation Search with Sources Code of Federal Codified rules and 17 cfr Legal > Area of Law - By Topic > Regulations regulations promulgated Securities > Administrative Section by the SEC and CFTC: Materials & Regulations > Title 12 (Banking) Federal > CFR - Titles Title 17 (SEC and CFTC Rules and Regs). 12 (Banks & Banking) and 17 (SEC & CFTC Rules & Regs) Federal Register Rules and regulations 63 fr Legal > Area of Law - By Topic > promulgated by the SEC and Securities > Administrative CFTC are published in the Materials & Regulations > Federal Register. Federal > Federal Register, including SEC and CFTC Proposed Rules and Regs Federal Securities cases from 521 us 642 Legal > Area of Law - By Topic > Securities federal courts construing Securities > Cases & Court Case Law the federal securities laws. Rules > Federal Securities Cases Corporate and Securities Law - LexisNexis

25 RESEARCH TACTICS FOR CORPORATE AND SECURITIES LAW THE RESEARCH ISSUE IS GO TO DO THIS a topic and you want to find a Lexis Search Advisor, Choose the Analytical Materials tab and broad spectrum of secondary Option 2: Explore Legal Topics, click the link for Securities Law sources, e.g., the definition of e.g., Securities Law > Initial Techniques security under the Security Public Offerings & the Exchange Act of Securities Act of 1933 > Definitions a case, regulatory, or Legal > Area of Law - By Topic > Submit a search request, e.g., to find references administrative decision and Securities > Administrative to qualified institutional buyers and Rule 144A. you want additional documents Materials & Regulations > qualif! institut! buy! or qib /10 144a that similarly address an issue, Federal > Agency e.g., SEC decisions, orders Decisions > SEC Highlight text of a retrieved decision that and releases that review the Decisions, Orders & illustrates your issue and use the More Like resale of securities to qualified Releases Selected Text feature to find like documents. institutional buyers or investors under the provisions of Rule 144a. an SEC release and you want to Shepard s find cases and other releases that refer to this document, e.g., SEC Rel No Click the Shepard s tab. Type the release citation in the open field, e.g., sec rel no , choose the Shepard s for Research (FULL) radio button, and click Check. understanding a topic related to Securities Law e.g., initial public offering or ipo. Legal > Area of Law - By Topic > Securities > Treatises & Analytical Materials > Matthew Bender > Securities Law Techniques Select the Full-text of source documents radio button and submit a Terms and Connectors search request, e.g., initial public offering or ipo the definition of a phrase used in takeovers, e.g., due diligence. Legal > Area of Law - By Topic > Corporate > Treatises & Analytical Materials > Matthew Bender > Corporate Acquisitions and Mergers Select the Full-text of source documents radio button and submit a Terms and Connectors search request, e.g., heading (glossary and takeover) and due diligence Corporate and Securities Law - LexisNexis

26 THE RESEARCH ISSUE IS GO TO DO THIS find a particular release under one of the securities acts, e.g., Securities Exchange Act of 1933 Release No locate a company s SEC filings. review federal statutes that discuss insider trading under Title 15. Legal > Area of Law - By Topic > Securities > Administrative Materials & Regulations > Federal > Agency Decisions > SEC Decisions, Order and Releases Legal > Area of Law - By Topic > Securities > SEC Full-Text Filings > SEC Filings Full Text Only Legal > Area of Law - By Topic > Securities > Statutes & Legislative Materials > Federal > USCS Securities Titles 7, 12, 15, 18 and 31 Submit a Terms and Connectors search request, e.g., release-no (33 or 1933 and 7289) Submit a Terms and Connectors search request, e.g., company (starbucks corp) Submit a Terms and Connectors search request, e.g., heading (title 15) and insid! /5 trad! Corporate and Securities Law - LexisNexis

27 International Law OVERVIEW International law addresses a broad range of interests from private transactions to the public law aspects of international economic transactions, dispute settlement between sovereign states, immunities, humanitarian law and armed conflict. As a result of the codification process, treaties typically prevail over custom as a source of international law. However, do not underestimate the role of custom in international law as a customary rule may crystallize more quickly than a treaty can be ratified. DEFINITIONS Conventional: international law that arises from international agreements. Customary: international law that develops from state practice. Foreign Sovereign Immunities Act: maintains immunity from suits for foreign sovereign with limited exceptions. Geneva Convention: international law of human rights that is applicable to situations involving armed conflict. The Geneva Convention outlines the rules and treatment of prisoners of war, wounded and disabled members of all armed forces and civilians. International Court of Justice: as the principal judicial organ of the United Nations, the International Court of Justice interprets and applies international conventions, establishing rules recognized by contesting states. International custom is generally accepted as law. International Jurisdiction: takes place in a permanent court and follows fixed rules of procedure and jurisdictional standards. Regional Organizations: created by international agreements that specify functions and structure typically dealing with regional matters, i.e., Organization of American States (O.A.S.). Supranational Organization: composed of different communities, e.g., European Economic Community (EEC), with more governmental authority and legislative powers than international organizations. Treaties: international agreements concluded between states and governed by international law. Treaties are binding upon their parties and must be followed in good faith. Domestic law is not a defense to non-performance. Tribunal: a quasi-judicial method of dispute resolution consisting of one member from each party and an agreed-upon third party. United Nations: came into being on October 24, 1945, upon the entry of the UN Charter, and is responsible for peacekeeping duties, the development of friendly relations, and the promotion of human rights. UN Charter: a multilateral treaty and constitution. Universal Declaration of Human Rights: provides a catalog of human rights and freedoms as proclaimed by the UN General Assembly in Vienna Convention on Diplomatic Relations: foreign diplomatic personnel are immune from local actions and proceedings. This immunity ostensibly contributes to friendly relations between visiting nations. International Law - LexisNexis 1

28 Finding Information on the LexisNexis services Find it with Type of Document Get a Document Document Description by Citation Search with Sources North American These documents contain Not available Legal > Area of Law - By Free Trade the text of the North American for a document Topic > International Law > Agreement Free Trade Agreement in this source Treaties & International between the United States, Agreements > North Canada, and Mexico. The American Free Trade Agreement is separated into Agreement 33 documents consisting of Chapters 1 22, Annexes I VII and Click a link to view: Annex 401. All North American Free Trade Agreement Also available are three Documents Supplemental Agreements NAFTA Supplemental on Labor, Environment and Agreements Emergency Actions and the NAFTA Administrative NAFTA Administrative Action Statement Action Statement, dated All of the above NAFTA September 13, documents American Publications of the American American Society of Area of Law - By Topic > Society of Society of International Law: International Law, International Law > International Law the American Journal of Basic Documents Treaties & International International Law, International of International Agreements > American Legal Materials, Basic Economic Law Society of International Documents of International 1994 bdiel ad Law Publications Economic Law and ASIL lexis 54 Newsletter. American Society of International Law, International Legal Material 36 ilm 908 International Law - LexisNexis 2

29 Find it with Type of Document Get a Document Document Description by Citation Search with Sources International Law Selected law review articles Michigan Journal of Legal > Area of Law - By Topic Review Articles relating to international law. International Law > International Law > Law 21 mich j intl l 527 Reviews & Journals > International Law Review Articles, Combined European EC Treaties, Legislation, 2002 ojc 78 Legal > Area of Law - By Communities Law Preparatory Documents, (Series C) Topic > International Law > National Provisions Treaties & International or Implementing Directives, and Agreements > CELEX EU Parliamentary Questions as 2000 ojl 93 Law Database, provided by CELEX the (Series L) Combined Files computerized documentation system on community law. Sources include Series C and L of the Official Journal of the European Communities, SEC and COM final documents. International Federal International Law 285 f3d 398 Legal > Area of Law - By Law, Federal cases are selected from the Topic > International Law > Court Cases U.S. Supreme Court, the Cases > International Law, U.S. Courts of Appeal, the U.S. Federal & Court of Appeals for the Special Court Cases, Federal Circuit, the U.S. Combined District Courts, the Court of Customs and Patent Appeals, the Court of International Trade, the Customs Court, the Claims Court, the Court of Claims and the U.S. Tax Court. International Law - LexisNexis 3

30 Find it with Type of Document Get a Document Document Description by Citation Search with Sources Code of Federal Selected titles from the Code 8 cfr sec Legal > Area of Law - By Regulations of Federal Regulations as they Topic > International Law > relate to international law. Administrative Materials Title 8 Aliens and Nationality & Regulations > CFR - Title 15 Commerce and Selected Titles Foreign Trade Title 16 Commercial Practices Title 19 Customs Duties Title 22 Foreign Relations Title 25 Indians Title 32 National Defense Title 33 Navigation and Navigable Waters Title 43 Public Lands, Interior Title 46 Shipping Title 49 Transportation Federal Register The Federal Register (FR) is 67 fr Legal > Area of Law - By the official vehicle for making Topic > International Law > public the regulations and Administrative Materials legal notices issued by the & Regulations > FR - federal agencies and Federal Register departments. These include federal agency documents, such as regulations (proposed, temporary, amended and final) having general applicability and legal effect, documents required to be published by act of Congress, federal agency documents of public interest, meeting notices, and Presidential proclamations and executive orders. International Law - LexisNexis 4

31 RESEARCH TACTICS FOR INTERNATIONAL LAW THE RESEARCH ISSUE IS GO TO DO THIS a topic and you want to find a Lexis Search Advisor, e.g., Choose the Analytical Materials tab broad spectrum of secondary International Law > Sovereign and click the link for International Law materials, e.g., deportation. States & Individuals > Review Articles, Combined or Deportation & Removal Legal News Publications. a case, regulatory, or administrative decision and you want additional documents that similarly address an issue, e.g., U.S. federal appellate case-law decisions discussing international laws about war crimes. Legal > Federal Legal - U.S. > US Courts of Appeals Cases, Combined Submit a Terms and Connectors search request, e.g., war crime or torture or genocide or rape /25 international law Highlight text of a retrieved decision that illustrates your issue, and use the More Like Selected Text feature to find like cases. a U.S. Code section Shepard s Click the Shepard s tab. Type the and you want to find cases citation in the open field, e.g., 18 uscs that refer to this code, e.g., 2339a, click the Shepard s for Research 18 U.S.C.S. 2339A. (FULL) radio button and click Check. Click the Exact match citing reference link in the displayed list of results. Click FOCUS - Restrict By and use the FOCUS Terms box to find specific language, e.g., detain! or captiv! or hijack! or hi-jack! treaties that discuss a particular issue, e.g., the protection of intellectual property rights for software. Legal > Area of Law - By Topic > International Law > Treaties & International Agreements > American Society of International Law Publications Submit a Terms and Connectors search request, e.g., protect! /10 intellectual property or copyright /5 software International Law - LexisNexis 5

32 THE RESEARCH ISSUE IS GO TO DO THIS legislative documents about a global economic issue, e.g., anti-dumping measures for imported steel. recent news articles on a particular issue, e.g., The Hague and its role in Bosnian war crimes. U.S. federal cases since 2003 that address an international issue, e.g, denial of diplomatic immunity. Legal > Area of Law - By Topic > International Law > Treaties & International Agreements > International Legal Materials Legal > Area of Law - By Topic > International Law > General News & Information > EC News International Law Legal > Area of Law - By Topic > International Law > Cases > International Law, US Federal Court Cases, Combined Submit a Terms and Connectors search request, e.g., dump! or antidump! or anti-dump! /25 import! /10 steel Submit a Terms and Connectors search request, e.g., hague /25 war crim! /25 bosnia! or serb! and date aft 2003 Submit a Terms and Connectors search request, e.g., diplomat! /s immune! /p revok! or revers! or deny! or deni! and date aft 2002 International Law - LexisNexis 6

33 Bankruptcy Law OVERVIEW The federal bankruptcy law known as the Bankruptcy Reform Act of 1978, and codified in Title 11 of the U.S. Code, allows debtors to obtain relief from the majority of their debts. Relief is available to most debtors individuals, corporations, partnerships, other business entities, labor unions, and nonprofit institutions. A primary purpose of the Bankruptcy Reform Act is to relieve the honest debtor from the weight of oppressive indebtedness. (Williams v. U.S. Fidelity & G. Co., 236 U.S. 549, ). The debtor who surrenders for distribution the property which he owns at the time of bankruptcy is given new opportunities unhampered by the pressure and discouragement of pre-existing debt. (Local Loan v. Hunt, 292 U.S. 234, 244). The extensive bankruptcy resources available on the LexisNexis services include: Federal Case Law, including decisions from the U.S. Bankruptcy Courts Bankruptcy Statutes, including the entire Bankruptcy Code (Title 11 of the USCS) Bankruptcy Rules Additional legislative materials, including the Bankruptcy Reform Act and legislative history materials Additionally, to help maximize the efficiency of your research, the LexisNexis Bankruptcy Research Tasks page offers several easy-to-use search templates for many frequently used bankruptcy resources. DEFINITIONS Automatic Stay: the filing of any bankruptcy will stay the completion of the following legal proceedings: litigation, repossession, foreclosure, and creditor harassment. This does not include criminal proceedings or collection of domestic obligations. Chapter 7 Liquidation: the straight liquidation of the debtor s nonexempt assets. Chapter 11 Reorganization: the debtor in this situation is a business entity and is known as a debtor-in-possession (DIP) acting in essence as its own trustee. The debtor will file a disclosure statement and a plan of reorganization with the Bankruptcy Court. Creditors must then approve the filed plan of reorganization. This plan will detail a payment structure typically impairing the rights of many, if not all, of the creditors. However, the plan still allows some return on the debt/investment. Typically, this is a better alternative for the creditor than a petition under Chapter 7. Chapter 13 Reorganization: a reorganization for individual petitioners with a regular income, having unsecured debts of less than $250,000 and secured debts of less than $750,000. A plan of repayment must be submitted within 15 days of filing the petition and not exceed five years in duration. Debtor: the individual or entity seeking either discharge or reorganization of existing debt. Discharge/Dischargability: the primary relief sought by an individual debtor, it is the legal relief from debt. Exemption: items of property that individual debtors may retain free of claim of unsecured creditors and the trustee. Fraudulent Conveyance: the transfers made within one year of filing by a debtor to hinder, delay, or defraud creditors, or which render a debtor insolvent, or the debtor receives less than a reasonably equivalent exchange. Backruptcy Law - LexisNexis

34 Preferential Transfer: a transfer of property to or for the benefit of a creditor made while the debtor is insolvent resulting from antecedent debt within 90 days of filing a petition that enables a creditor to receive more than its fair dividend from the estate. Relief from Automatic Stay: filed by the creditor with the Bankruptcy Court, this motion lifts the stay related to a particular proceeding. Secured Creditor: a creditor who is entitled to their collateral or to payment from the proceeds of their collateral irrespective of order. Title 11: codification of the Bankruptcy Reform Act of Trustee: the duties of a trustee are to investigate nonexempt assets, liquidate, litigate, distribute dividends, and reorganize. A trustee is automatically appointed in all Chapter 7 and Chapter 13 cases, and appointed by motion in Chapter 11. Unsecured Creditor: creditors are paid in a set order of priority-entitled classes. The claims in each class are paid on a pro rata basis until the class has been paid in full before the next class receives a dividend. Finding Information on the LexisNexis services Find it with Type of Document Get a Document Document Description by Citation Search with Sources U.S. Bankruptcy Decisions from the 245 br 478 Legal > Area of Law - Court Cases United States Bankruptcy By Topic > Bankruptcy > Courts and United States Cases and Court Rules > Bankruptcy Appellate US Bankruptcy Panels from October Court Cases 1979 to present. Bankruptcy Selected Titles of the 11 uscs 503 Legal > Area of Law - Code United States Code from By Topic > Bankruptcy the United States Code Statutes & Legislative Materials > Service: Title 11. Bankruptcy, USCS - Bankruptcy Title 18. Crimes and Criminal - Titles 11, 18, 28 Procedure, and Title 28. Judiciary and Judicial Procedure. Code of Federal The CFR is a codification 12 cfr Legal > Area of Law - By Topic > Regulations of the general and Bankruptcy > Administrative permanent rules and Materials & Regulations > regulations published CFR - Code of originally in the Federal Federal Regulations Register by executive Type your search request departments and in the open field of the form, agencies of the federal government. searching the full text of the CFR or only the Table of Contents. Backruptcy Law - LexisNexis

35 Find it with Type of Document Get a Document Document Description by Citation Search with Sources Federal Register The Federal Register (FR) is 62 fr Legal > Area of Law - By Topic > the official vehicle for making Bankruptcy > Administrative the regulations and legal Materials & Regulations > notices issued by the federal FR - Federal Register agencies and departments available to the public. Collier on Collier on Bankruptcy, Not available for a Legal > Area of Law - By Topic > Bankruptcy, 15th Edition Revised contains document in this Bankruptcy > Treatises & 15th Ed. Rev. comprehensive analysis of source Analytical Materials > statutory and procedural bankruptcy law. Matthew Bender > Collier on Bankruptcy 15th Edition Revised Bankruptcy The legislative history of the Not available for a Legal > Area of Law - By Topic > Reform Act Bankruptcy Reform Act of document in this Bankruptcy > Statutes & of includes Acts, Bills, source Legislative Materials > Committee Reports and Public Laws. Bankruptcy Reform Act of Acts, Bills, Reports & Public Laws Legal news Selected publications Not available for a Legal > Area of Law - By Topic > related to provide timely information document in this Bankruptcy > Legal News > bankruptcy on bankruptcy developments source Bankruptcy Law law and include: Newsletters Consumer Bankruptcy News Bankruptcy Court News Mealey s Litigation Reports: Insurance Insolvency Combined The Combined Uniform Not available for a Legal > Area of Law - By Topic > Uniform Commercial Code Liens document in this Bankruptcy > Filings > Commercial source is a group source source Combined Uniform Code Liens of UCC filings from all 50 Commercial Code Filings states, the District of Columbia Liens Filings and the Virgin Islands. The information for this file is Click New Search at the top obtained from the financing of the source page to access statement information the search template. (UCC-1) and any amendments to the financing statements (UCC-3) filed with the office of the Secretary of State or other appropriate offices. Most documents contain: Debtor and secured party name(s) Original filing number Filing date and time History (not available from all states) Backruptcy Law - LexisNexis

36 RESEARCH TACTICS FOR BANKRUPTCY LAW THE RESEARCH ISSUE IS GO TO DO THIS a topic and you want to Lexis Search Advisor Choose the Analytical Materials tab and find a broad spectrum of Option 2: Explore Legal Topics, click the link for Collier on Bankruptcy, secondary sources, e.g., e.g., Bankruptcy Law > Legal News Publications, Pennsylvania debtor s eligibility to liquidate Chapter 7 (Liquidation) > Transaction Guide: Legal Forms or or the relief afforded by the Eligibility Bankruptcy Law Review Articles bankruptcy laws involving collection, liquidation, and distribution of the property of the debtor. a case, regulatory, or Area of Law - By Topic > Submit a Terms and Connectors search administrative decision Bankruptcy > Cases and request, e.g., compensat! or and you want additional Court Rules > USCS - reimburs! /10 expens! documents that similarly Bankruptcy Rules address an issue, e.g., and Official Highlight text of a retrieved decision bankruptcy rules that Bankruptcy that illustrates your issue and click discuss reimbursement Forms More Like Selected Text to for expenses. find like cases. a U.S. Code section and Shepard s Click the Shepard s tab. Type the citation you want to find cases that in the open field, e.g., 11 usc sec 503(a), refer to this code section, choose the Shepard s for Research (FULL) e.g., 11 U.S.C radio button, and click Check. Display the citing references for this specific code subsection. Next, use the FOCUS - Restrict By feature to find specific language or terms, e.g., terminat! /10 agreement Backruptcy Law - LexisNexis

37 THE RESEARCH ISSUE IS GO TO DO THIS cases that discuss the Legal > Area of Law - Submit a Terms and Connectors search statute of limitations By Topic > Bankruptcy > request, e.g., limit! /25 preferen! or avoid! within which a trustee Cases and Court Rules > /25 convert! or conversion /25 trustee must bring a preference US Supreme Court, action after conversion USAPP, DIST, and from Chapter 11 to Bankruptcy Chapter 7. Court Cases statutes concerning Legal > Area of Law - Submit a Terms and Connectors search request, requirements for a trustee By Topic > Bankruptcy > e.g., trustee /20 assum! or reject! in assuming or rejecting Statutes & Legislative Materials > /20 execut! /5 contract! an executable contract. USCS - Bankruptcy - Titles 11,18, 28 CFR regulations that discuss Legal > Area of Law Select the Full-text of source documents the calculation of net equity - By Topic > Bankruptcy > radio button and submit a Terms and Connectors claims based on commodity Administrative Materials & search request e.g., net equity /25 contracts. Regulations > CFR commodity contract - Code of Federal Regulations Note: For CFR research issues, you may also explore the CFR Table of Contents expandable hierarchy of topics. cases that construe Legal > Area of Law - By Submit a Terms and Connectors search the meaning of Topic > Bankruptcy > request, e.g., b-5 /20 misrepresent! misrepresentations Cases and Court Rules > /20 defin! or interpret! or constru*** or made in bankruptcy US Supreme Court, mean! or expla! proceedings under USAPP, DIST and 17 CFR b-5. Bankruptcy Court Cases *Sample search requests use Terms and Connectors unless noted otherwise. Backruptcy Law - LexisNexis

38 News & Business and Public Records on LexisNexis Searching for News Information Turn to the News sources when knowing what has been written in the court of public opinion is important to your legal research topic. For example, it would be helpful to know what has appeared in major newspapers regarding the interception of personal and the potential for invasion of privacy. To find this information: 1. Click the News & Business tab. 2. Click the Major Newspapers link. 3. Click the radio button for Natural Language. A - B C How extensively you need to research your topic will dictate the news source(s) you select for your research. You may want to start with a comprehensive source, e.g., News, All (English, Full Text), if you re not certain of the type of media coverage you want (newspapers, magazines, transcripts, press releases, news wires). For a specific news source, click the link for the listed source or use Find a Source to locate the news source you need. A B C Type your search phrase in the open field (e.g., judgment for invasion of privacy when personal is intercepted). Under Restrict using Mandatory Terms type , privacy in the Anywhere in retrieved documents field. Click the down arrow at Restrict by Date and highlight Previous 5 Years. 4. Click Search. 5. View your search results. 6. Click the underlined heading/headline publication to select it and to view the full text of the article. News & Business and Public Records - LexisNexis

39 The following Terms and Connectors sample search request uses the previous Natural Language search example to demonstrate usage of connectors and universal characters. Useful Terms and Connectors Search Techniques The nature of news information sometimes makes it challenging to find definitive articles. The volume of information alone can be overwhelming. A loosely constructed search request may locate innumerable articles that use your search terms, but more than half of those may only use your terms in a casual reference that has nothing to do with your research topic. The connectors and universal characters are search techniques recognized on the LexisNexis services that can help you refine your Terms and Connectors search request in news materials, honing results to a more precise and finite answer set. CONNECTORS AND UNIVERSAL CHARACTERS Asterisk * Exclamation mark! Placing an asterisk in a search word allows any letter to appear in that space (one letter for each asterisk, i.e.,wom*n finds woman and women). Placing an exclamation mark at the end of a word allows for all word endings (i.e., harass! finds harass, harassing, harassment, harassed). judg*ment The asterisk, one letter for each asterisk, in a search word allows any letter or spelling variation to appear in that space, e.g., judgement or judgements. /n This connector finds documents in which your search terms appear within the stated number of words of each other. The value of n can be any number up to 255. intercept! or invad! An exclamation mark placed at the or invas! end of a root word allows for any spelling variation or word ending, e.g., - ed, -ion, -ing, -e, -es, -ive. or and The or connector finds documents that contain either of both of the terms or phrases linked by or. Connects two words or phrases that appear in the same document, and always connects a date restriction to the rest of the search request. News & Business and Public Records - LexisNexis

40 Searching for Public Records Information The reasons to search public records are as varied and numerous as the reasons for filing a lawsuit. For example, you may want to: determine who owns a real estate site verify the registered owner of an oil tanker ascertain your opponent s approximate net worth in order to make a realistic request for damages Marriage, Divorce, and Death records now available with your law school ID. Keep in mind that your law school ID will not access the more extensive public records information available to you as a practicing attorney. *Fictitious names and addresses used for the purpose of illustration only. For example, determine who owns the property at 1234 Boardwalk Ave. in Atlantic City, NJ.* 1. Public Records > Public Records > Real Property Locator > Tax Assessor Records by State > New Jersey > Combined NJ Tax Assessor Records All Counties 2. Click New Search and type your Terms and Connectors search request, e.g., address (1234 boardwalk and atlantic city) 3. Click Search. View the results and note the owner. With the owner s name, you can now identify other properties owned by this individual or company/corporation. Use the Business sources SEC filings and company reports, financials to help develop a comprehensive report on businesses and on those individuals involved in the businesses. News & Business and Public Records - LexisNexis

41 To search for other New Jersey properties with the same owner of record: 1. Click (Edit Search) 2. Make sure the Terms and Connectors radio button is selected. 3. Delete your previous search request from the Search Terms template. 4. Type your search request, e.g., name (abc property management).* 5. Click Search. 6. Review the retrieved documents. To view the full text of a document, click the underlined name. Sample document not representative of your online results *Fictitious names and addresses used for the purpose of illustration only. News & Business and Public Records - LexisNexis

42 Treatises and Analytical Materials OVERVIEW For efficiency and practicality, lawyers consult treatises and analytical materials because no one wants to re-invent the wheel when proven methods for conducting this work have been successful. The skilled legal professionals who have done this work provide what, for the sake of simplicity, could be called cookbooks of analyses and processes for step-by-step information and procedures for virtually every type of case. On the LexisNexis services, this material is organized by area-of-law topical classifications with more than 50 areas of law represented, and by jurisdiction of more than 25 U.S. states and the District of Columbia. Although material may be divided into more complex categories, concentrate on your research issue and try to keep research uncomplicated. In many instances the area-of-law sources you select will have a section on procedures and law as well as a section with useful forms. If you find this is not the case, you can easily link to forms from the source list of Matthew Bender materials. Retrieve Treatises Authoritative Matthew Bender treatises on the LexisNexis services make expert legal analyses readily available to you. The easy-to-use sources display as tables of contents and you can conduct your research by two different methods. The Explore Method allows you to select increasingly specific levels through the expandable hierarchy. This method presents potentially unconsidered but pertinent aspects that may add value to your investigation. 2. Click the plus sign (+) to select each level of the source hierarchy most relevant to your research issue, e.g.: Part 1 Emergency Medicine Chapter 2 Medical Malpractice in the Emergency Room 2.03 Obtaining and Analyzing Records 3. Click an underlined topic to select. This explore example looks for treatises that speak to the issue of medical negligence in emergency rooms. 1. Select your source, e.g., Legal > Secondary Legal > Matthew Bender > By Area of Law > Torts > Medical Malpractice: Guide to Medical Issues

43 The Search Request Method requires you to formulate a search request to find key terms within the table of contents or within the full text of the source documents. This method lends itself to those research issues where you have a fairly well-developed sense of the topic and know what you need to retrieve. This search request example employs key terms to search the full text of documents for treatises that speak to the issue of medical negligence in emergency rooms. 1. Select your source, e.g., Legal > Secondary Legal > Matthew Bender > By Area of Law > Torts > Medical Malpractice: Guide to Medical Issues 2. Type your search request in the open field, e.g., negligen! /15 emergency /5 room 3. Select the radio buttons for Terms and Connectors and Search Full text of source documents. 4. Click Search. Retrieve Forms After reviewing the results of your treatise research and finding material germane to your research issue, obtain the forms for notices, complaints, and other legal documents. Generic forms This example illustrates how to find generic forms for medical malpractice cases in Matthew Bender Key Forms & Agreements, a source that contains thousands of federal and state-specific forms drawn from Matthew Bender s award-winning collection of treatises. 1. Select your source, e.g., Legal > Secondary Legal > Matthew Bender > By Area of Law > Forms > Matthew Bender Key Forms & Agreements 2. Type your search request in the open field, e.g., heading(medical malpractice) and negligen! or malpractice /10 physician or doctor or patient 3. Select the radio button for Terms and Connectors. 4. Click Search. Treatises and Analytical Materials - LexisNexis

44 Jurisdictional forms Using a medical malpractice complaint in New York, this example demonstrates the efficiency of research performed in the table of contents for jurisdictionally specific forms. 1. Select your source, e.g., Legal > States Legal U.S. > New York > Treatises & Analytical Materials > All Treatises & Analytical Materials > Bender s Forms of Pleading of the State of New York 2. Type your search request in the open field at the top of the table of contents, e.g., negligen! or malpractice and complaint and physician or hospital 3. Select the radio buttons for Terms and Connectors and Table of Contents only. 4. Click Search. 5. Click an underlined form to view the contents. Download forms Since a form may not speak to every detail of your case, you can easily download forms and can conveniently tailor them to your particular case s facts and requirements. 1. Click in the open box to the left of each form to place a checkmark and select it. 2. Click the Download link in the upper right corner of the screen. 3. Complete the Download Documents template. 4. Click the Download button LexisNexis, a division of Reed Elsevier Inc. All rights reserved. LA