Criminal Research

Law reviews (scholarly, legal theory)

Bar journals (shorter, more practical)

Commercial legal newspapers (current awareness, legal news and notices, recent decisions, etc.)

Newsletters & Blogs (short, emerging issues)

Am. Jur. 2d or C.J.S. for a general overview.
Use for general background information and limited citations to primary authority.
Arranged topically
Broad coverage, but not very deep
Not authoritative

An extended, serious, and usually exhaustive book on a particular subject.
More scholarly in nature than a practice manual.
Citations to primary authority

Similar to treatises, but,
They tend to address practical concerns
Less student-oriented, more practiceoriented
(Helpful when you are working on a practice simulation exercise)
American Bar Association and Practicing Law Institute are major publishers

Promulgated by the American Law Institute
Restatement section consists of: Rule Comments Illustrations Reporter's Notes Annotations

Use Restatements to: research common-law subjects locate mandatory and persuasive authority from other jurisdictions through annotations

West's Arkansas Practice Series:
Law of Damages, 6th
Arkansas Civil Practice and Procedure, 5th
Trial Handbook for Arkansas Lawyers
Probate and Estate Administration
Family Law and Practice
Arkansas Model Jury Instructions, Civil

1. Who 2. What? 3. Where? 4. When? 5. Why?

Generate Search Terms
Consult Secondary Authority
Search for Primary Authority
Expand and Update Primary Authority
Analyze and Organize Information

Individual laws (called slip laws) are numbered as they are approved.

Published in chronological order

The official print compilation of the session laws in Arkansas

Federal session laws (called Public Laws) are compiled in chronological order in the U. S. Statutes at Large.

Current official Arkansas compilation of statutory code

United States Code

United States Code Annotated (U.S.C.A.)
United States Code Service (U.S.C.S.)

Arranged by subject into 28 titles

Two print versions Same statutory text Annotated Volumes updated every other year by pocket parts

Online at General Assembly, not annotated, not official

Published under government authority. For example, U.S.C. and Ark. Code Ann. (Lexis).

May or may not contain research references (annotations). U.S.C. is not an annotated code

Published by a commercial publisher without government authorization (e.g., U.S.C.A. and U.S.C.S.).

Usually contains research references (annotations). Selected notes of decisions (case notes), law review citations & other research aids.

Historical Notes
Cross-references to related provisions of the code
Notes of Decisions are summaries of cases interpreting the statute
References to Key Numbers (West), secondary sources
Code of Federal Regulations references
Citations to law review articles

Emergency clause
Specified effective date
Ninety days after adjournment sine die of the session at which they were enacted

Generally on date of enactment (typically the date the president signs the bill)
There can be a specified effective date
A bill can become law without a presidential signature

red flag or stop sign indicates that the statute or regulation has been amended by a recent session law or rule, repealed, superseded, or held unconstitutional or preempted in whole or in part

yellow flag or caution symbol indicates existence of proposed legislation

Legislative history is the term used to describe the documents generated by a legislature during the process of enacting legislation

Bills Committee Reports Committee Hearings Congressional Debates Committee Prints Congressional Research Service (CRS) Reports

Bills are the major source for the text of pending or enacted legislation. Comparing different versions of a bill may lead to useful conclusions about the scope or meaning of enacted provisions.

Generally considered as the most important legislative history documents - they contain: A content analysis of the meaning and purpose of the bill's provisions The committee's rationale for its recommendations

Not required and legislation frequently enacted without them May provide useful background information but not considered persuasive Not all published

Also not influential, but sometimes all you have Found in the Congressional Record

Material published by committees, such as staff studies Not widely available, less frequently consulted

Produced at the request of members of Congress or staff. CRS produces reports, legal and policy analyses, economic studies, statistical reviews and issue briefs. Non-partisan, highly respected, and very useful for background information. A provision requiring public access to CRS reports was included in a 2018 omnibus appropriations law.

Documents that might aid in statutory interpretation are hard to find for most states, Arkansas included. Committee reports, hearings and most other documents are not published. Differences from state to state Easy to find - current bills and acts and related status information (bill tracking)

Agencies are: A section of the Executive Branch Most often created by the Legislative Branch Purpose: Enforce or implement legislation Can be either federal, state or local Focus today is on federal

Agencies are created by Congress or the President to deal with specific issues. An Enabling Statute passed by Congress is most frequent method. Agencies provide the expertise to deal with a distinct area of law.

Creates the agency Identifies scope of authority - what types of conduct can be regulated Articulates purpose & goals - what the legislature wants to accomplish Grants power to implement statute

Agencies may have the following powers; not all agencies have all powers:

Rulemaking - promulgate rules

Adjudication - decide disputes between government and private persons

Prosecute - enforce regulatory guidelines Awarding benefits - determine eligibility for benefits (e.g. Social Security, VA benefits)

Investigative - collect information, issue directives, guidance documents

A regulation is promulgated by an agency acting in its rulemaking capacity. It is primary authority. It looks like a statute. It must conform to the enabling statute.

Draft proposed regulation
Publish in Federal Register
Public submits comments
Final Rule published with statement of purpose and effective date, or agency redrafts rule and process begins again

Proposed regulations are published in the Federal Register (FR) and on agency and other websites.

Final regulations are published in FR and the Code of Federal Regulations (CFR) and on agency and other websites.

govinfo.gov Regulations.gov FederalRegister.gov Agency websites HeinOnline Westlaw LexisNexis

Federal regulations that are open for public comment (proposed rules) and closed for comment (final rules) as published in the Federal Register. Additional supporting materials, preambles & public comments.

Regulations currently in force Arranged topically into 50 titles (looks a lot like the U.S. Code) Some titles are the same as U.S. Code

govinfo is official
e-CFR is not official

Executive Orders are official docs President issues to manage operations of federal government Text of an Executive Order first appears in the Federal Register. Beginning with Executive Order 7316 of March 13, 1936, the text also appears in the annual edition of Title 3 of the Code of Federal Regulations (CFR). Executive Orders can be found through .govs, Lexis, Westlaw, and in comprehensive print from CI

The process for promulgating an executive order is relatively simple: The President issues and signs the order Executive orders must be published in the Federal Register Orders are eventually compiled in Title 3 of the Code of Federal Regulations (C.F.R.)

The CRA (5 U.S.C. §§801-808) allows lawmakers to overturn certain agency actions imposed during the final months of the previous administration. Congress has 60 legislative days to undo regulations enacted by the executive branch. Overturn is accomplished via a Joint Resolution of Disapproval with a simple majority vote in each chamber of Congress.

Most agencies are governed by the Arkansas Administrative Procedure Act (APA)

The APA definition of "agency" includes boards, commissions, departments, offices and other authorities of state government.* Ark. Code Ann. § 25-15-202 (2)(A)

General Assembly passes an Enabling Statute The enabling statute Creates the agency Identifies scope of authority - what types of conduct can be regulated An agency can act only within the scope of that authority

Agencies may have following powers; not all agencies have all powers: Rulemaking - promulgate rules Adjudication- decide disputes Prosecute - enforce regulatory guidelines Awarding benefits - determine eligibility for benefits (e.g. unemployment, workers' compensation) Investigative - collect information, issue directives

The Secretary of State compiles, indexes and publishes "The Arkansas Register." It should contain: A copy of each rule, including an emergency rule, proposed by an agency; A financial impact statement for the proposed rule; The notice for the adoption, amendment, or repeal of any rule required to be published on the internet under § 25-15-204; A statement setting forth the reason for the proposed rule; and A summary of the proposed rule.

Currently there is no official subject compilation for Arkansas rules. A print subject compilation, Weil's Code of Arkansas Rules, is published by Lexis. Lexis and Westlaw contain subject compilations as well. Agency websites

The authority of a state agency to promulgate a rule when so empowered by an act of the General Assembly shall be narrowly interpreted by the state agency. (2) As part of the narrow interpretation of its rulemaking authority under subdivision (b)(1) of this section, a state agency shall without limitation: (A) Limit its rulemaking to only those areas or subject matters that are absolutely necessary to fulfill its statutory duty or obligations; and (B) Not promulgate a rule that is inconsistent with the legislative intent of an act empowering a state agency to promulgate a rule

A significant change to rule promulgation process in Arkansas, Constitutional Amendment 92 was implemented by amended Ark. Code Ann. § 10-3-309: Provides for legislative review of administrative rules before they go into effect. Proposed or amended rules are reviewed by the Legislative Council of the General Assembly with assistance of the Bureau of Legislative Research.

That before submitting proposed rules or regulations for review by a legislative committee of the General Assembly, proposed rules and regulations must first be approved by the Governor

Public international law - rules and principles governing the relationships of sovereign states and international organizations

Private International law - focuses on individuals from more than one country, often involved in business or commerce

International conventions* International custom* The conduct of nations when consistent with the rule of law Established by evidence of state practices General principles of law recognized by civilized nations Basic principles articulated in classic texts of international law Judicial decisions and scholarly writings Cases generally not binding precedent, but can aid in interpreting treaties and in defining custom

Definition from the Vienna Convention of the Law of Treaties: International agreement Concluded between/among states or international organizations In written form Governed by international law Regardless of designation

Four general categories: The collection, preservation, processing, and presentation of physical evidence. Interviews with suspects, witnesses, and complainants. The use of records. Surveillance and plants

Prosecutors will get information from law enforcement, have investigators have to share information with defense may do some investigation on their own Defense will often want to hire their own investigator Defendant may know of witnesses, evidence that prosecution is unaware of.