How to Find the Law

1980 ◽  
Vol 1 (10) ◽  
pp. 5-5
Author(s):  
George J. Annas

The purpose of this column is not to teach you how to use the law library to perform legal research (something very few lawyers know how to do efficiently), but to give you enough information so that you can locate the legal materials cited in Nursing Law & Ethics. To locate most references cited in this newsletter, you will have to use a law library. The first rule of research in any unfamiliar library is, of course, to ask the reference librarian for assistance.All law schools have substantial libraries, as do many local bar associations. To obtain admission to the law library of your local law school, you may need special permission from the school or the assistance of a law student. Once inside, you will discover the principal problem with writing about “the law” in the United States: each of the 50 states has its own court system and legislature, and therefore, each has its own set of statutes and case reporters. Superimposed on this structure is a system of federal district courts and federal appeals courts.

2012 ◽  
Vol 12 (4) ◽  
pp. 284-289 ◽  
Author(s):  
Ruth Bird

AbstractThe Bodleian Law Library has only existed as an entity in its own right for less than 50 years. Yet part of the collection dates back to the days before the founding of the Bodleian Library in 1602. The rise and fall in fortunes of the teaching of law at Oxford is closely tied to the establishment of the law library. A lesser known aspect of the history includes the ties between Oxford and the United States, especially its oldest law school, William and Mary Law School. In this paper, Ruth Bird offers a brief history of the University of Oxford and then looks at the history of law teaching, before moving on to the evolution of the Law Library itself, and some links with our cousins across the pond.


Author(s):  
Robert A. Burt

This chapter illustrates the Supreme Court's approach to school desegregation. It argues that the Court changed from a hierarchical institution to a more egalitarian or conversational democratic model that recognized the work of others outside the court system (such as psychologists whose views outlined the unequal feeling of segregated black school children) and largely left enforcement of desegregation to local federal district court judges. Overall, the Court adopted an impressive strategic approach to school desegregation. After acknowledging the democratic deficit for blacks in their exclusion from legislative representation, the chapter proposes that the local federal district courts served as surrogate democratic chambers for whites and blacks to work out their differences peaceably.


2012 ◽  
Vol 24 (4) ◽  
pp. 308-320 ◽  
Author(s):  
Nancy J. King

In 2007, researchers from the National Center for State Courts and Vanderbilt University Law School reported the findings from a study of litigation in 2384 randomly selected, non-capital habeas cases, approximately 6.5% of the non-capital habeas cases commenced in federal district courts in 2003 and 2004 by state prisoners. In this article, I update that report, including the cases that were pending when the 2007 report was prepared, following the study cases into the federal courts of appeals, and back into the state courts. Even after appellate review of denials and dismissals, the percentage of non-capital petitioners receiving federal habeas relief remains less than the 1% rate reported prior to AEDPA. Descriptive findings include appeals and requests to file successive petitions by circuit, and rulings on certificates of appealability by circuit. Detailed information regarding each case receiving relief in federal court is also included.


2013 ◽  
Vol 52 (4) ◽  
pp. 966-984 ◽  
Author(s):  
Chimène I. Keitner

Kiobel v. Royal Dutch Petroleum is the United States Supreme Court’s second decision interpreting the Alien Tort Statute (ATS), 28 U.S.C. § 1350, which was enacted by the First Congress as part of the Judiciary Act of 1789. The ATS provides that federal district courts “shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” Absent the ATS, such claims could only be brought in state, not federal, courts.


2020 ◽  
Vol 45 (3) ◽  
pp. 567-589
Author(s):  
Mark D. Gough ◽  
Emily S. Taylor Poppe

There is widespread concern among scholars, court actors, and policy makers that the number of pro se litigants is increasing. However, we have little empirical evidence of the scope of pro se litigation, especially in the federal court system. Using data from the Administrative Office of the U.S. Courts on all civil case filings since 1999, we investigate the prevalence and rate of pro se litigation in federal district courts. We find no evidence of a dramatic rise in pro se litigation, but we document substantial variation in rates of pro se litigation by type of case and circuit of filing. The results have implications for our understanding of self-representation and for the development of policies addressing access to civil justice.


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