Researching for a Seminar Paper
You should now have your topic, thesis and outline ready. Feel free to adjust the outline as you conduct research and learn more.
How to Start Researching for a Seminar Paper:
- Make sure you keep a research log. This log might be a detailed chart recording different keywords used and resources reviewed, or notes written down and saved in a notebook or computer about what sources were useful and which were not.
- Create a Research Plan: To create a research plan consider the following three questions
- What is the question/legal issue/topic/problem that you are trying to address?
- How does your position or thesis differ from other related legal issues and topics?
- What sources are you going to start with to begin research?
- Create a list of keywords and search terms.
- If one word isn't working, try synonyms.
- Note what terms are being used in secondary sources to find more key terms.
- Start simple, and do NOT use strings of sentences.
- Use Boolean Operators (you can find them listed in Westlaw and Lexis when you pull up Advanced Search).
- Start Consulting Secondary Sources
- Consider the following sources for secondary sources:
- Westlaw
- Lexis +
- Hein Online
- SSRN - Legal Scholarship Network
- If your topic or legal issue intersects with a social issue, consider looking at information from large reputable Advocacy Groups or Social Justice Organizations for new information on cases and news. Remember to check their sources though.
- Start Reviewing Primary Sources
- Statutes - Review the "Notes of Decision" tab in Westlaw and "Notes to Decision" on Lexis to find cases where the court discussed and interpreted the statute. This is a great way to find relevant case law and discussion on statutes.
- Caselaw - Remember to check Key Cite Flags in Westlaw and Shepardize in Lexis.
- If a case is being appealed, find out why.
- Make sure you read the cases you cite to, don't just quote headnotes.
- Check the "More Like This" tab to find related case law.
- Government Websites - Check here for census statistics and studies as well as administrative efforts regarding social issues that intersect with your legal issue. Agency websites can provide data as well as details about relevant regulations.
- Review Proposed Legislation or Legislative History - Review legislative history or proposed legislation of statutes by selecting the "History" tab in Westlaw.
Hit a Roadblock? Here are Three Possibilities . . .
- You Still Don't Know Enough About This Area of Law
- If this is the case it is necessary to go back and consult more secondary sources and discuss your topic with others. In order to write a paper and explain an issue and propose a solution to a reader you need to fully understand the topic and issue yourself.
- The Topic is New and/or There is Limited Research or Caselaw on it. - If you are having a hard time finding research regarding a new or novel legal issue, consider related legal issues and topics. You may be able to use legal analysis from related issues or topics to form an argument for a new and novel legal issue.
- For example: A student is writing a paper on the possibility of trademarking a celebrity's voice to protect from advances in AI. This is a new legal issue and there are less primary and secondary sources to use. The student can look instead at related legal issues (AI and Personal Image or Art Replication) and what arguments have succeeded in courts. The student can also look at the discussion of the legislature when creating the trademark statutes to make an argument for or against trademark of voice.
- You Are Unsure What You Are Looking For. There may be a possibility that you don't fully understand the assignment and may need to ask clarifying questions with your professor to get guidance or talk to another faculty member to help you sort your thoughts and maybe gain a different perspective on the assignment or legal topic.
