Course Description

This course will focus on teaching "real-world" legal research skills to prepare students for the challenges they will face in legal practice. Students will develop effective research skills, and an in-depth knowledge of research tools. Specifically, this course will expose students to research methods and strategies that are employed in practice to effectively and efficiently research using secondary sources, statutes, cases, regulations, legislative materials, and practice materials, utilizing both current and emerging legal research tools and technology. The course will also review legal authority, how it is organized, and how to access it efficiently with particular attention on evaluating information and conducting cost-effective research.

Grades will be based on assignments (exercises, first draft overview and encyclopedia sections) (20%), a group presentation (20%), class participation (10%), and a research guide on a topic of the student's choosing (50%). (Points are awarded for every assignment, except topic selection, and the optional draft of the research guide.)

You must review and abide by the School of Law's Honor Code for all assignments. Do not accept assistance, give assistance, or collaborate on assignments except as expressly permitted in writing in the instructions for the assignment.

Conditions permitting, the class will meet from 3:30-4:45pm on Thursdays in Room F309.

You will need to use a computer in every class. If you own a laptop or tablet, please bring it to class. If you do not own a laptop or tablet, please contact me before the first day of class, so we can make the necessary arrangements for you.

Learning Outcomes

By the end of the course, students should be able to:

• Understand how to evaluate and search legal information sources
• Develop a research plan that maximizes accuracy and efficiency based on the facts of a situation
• Recognize legal information sources and how they work within the legal system
• Identify and use the most appropriate secondary and practice related sources effectively
• Locate and assess authoritative sources of federal and state law (legislation, regulations and cases)
• Conduct effective and cost-saving research using advanced tools available to legal practitioners

The recommended text is Kent C. Olson, Legal Research in a Nutshell (13th ed. 2018 or 14th ed. 2021). Recommended readings/recordings are on the class schedule where appropriate. There is also a copy of the Nutshell on Reserve in the Law Library, and it is available as part of the West Academic Study Aids package to which the law library subscribes on your behalf. Some required readings/recordings will be designated as such on the class schedule.

E-mail

E-mail use is required of all students in the class. E-mail will be used for announcements, questions and changes in the syllabus.

Office Hours

I am typically in my office during regular business hours, and I am happy to meet with you in-person whenever the door is open. Or, you can email me to set-up an appointment for us to meet in-person or online--whichever you prefer.

Assignments

1. Exercises

Most exercises will be available on the Blackboard. Some will be stand alone assignments, and some will be questions included within required recordings. The type of exercise will vary. Answers should be uploaded to Blackboard. Points will be lost for any exercises not turned in by the appropriate time.

2. Group Presentation

I know many do not prefer group projects, but lawyers increasingly need to collaborate with other lawyers and nonlawyers, and they are ill-prepared to do so. There are increasing calls for legal education to help students develop teamwork skills. So, in small groups (of about 4-5), you will be creating a video presentation on a research tool not being covered elsewhere in class. The presentation should be about 10 minutes long and have a corresponding (print-based) brochure. Part of your grade for the presentations will be based on feedback provided on other presentations. More detail will be provided..

3. Overview and Legal Encyclopedia Sections

To get initial feedback on your research guide, you will be required to turn in the overview section of the research guide. (See a discussion of the overview below.) And, you will turn in what is usually the first research section of the research guide, covering legal encyclopedia information on your topic. (See discussion of research guide below.)

Research Guide

The research guide is a description of effective techniques and useful resources for researching a specific legal issue. It is intended to guide a researcher to the material he or she would need to do research on a specific subject. The point of a research guide is to describe the research process and to evaluate all relevant resources, not to reach any specific answer. It is basically a comprehensive instruction manual for another person researching the legal topic you select.

The research guide should include all relevant sources, not just cases and statutes but also regulations, treatises, periodicals, practice materials, databases, internet sites, search strategies, non-legal resources, and more. Moreover, all formats should be discussed. (More detail on formats-to-be-included will be provided later in the semester.) Of course, the subject of the research guide will determine what types of resources are relevant.

Begin the research guide with an overview of the legal issue being researched. The overview is basically an explanation of the legal issue itself. The overview should also set out any boundaries to the material covered in the research guide. For ease of use, the research guide should also include a table of contents and any other finding aids you deem useful.

You will be selecting the legal issue for the research guide. The legal issue may be on any area of United States law, but you must receive prior approval of the subject. The subject selected must be on a very specific real-life LEGAL ISSUE (not a theoretical criticism of the law). I expect the final product to be about 15 (double-spaced) pages (more detail to follow). Topic submission is due by September 16. You may submit the proposed topic to me on the course web page. I strongly recommend that you make an appointment to discuss your topic with me. Be sure to pick a topic in which you are interested. It will make the research more appealing.

Masks are mandatory
According to University and Law School policy, masks are required at all times, including in our classroom. Students must maintain adequate physical distancing and comply with all signage in and around the building. Everyone is expected to behave in a manner that is beneficial to the health and safety of all students, faculty, and staff. Appropriate masks cover the entire nose and mouth, fitting snugly over the face. Students without an appropriate face covering will not be permitted in the classroom.

Recordings
Students are expressly prohibited from recording any part of this course. Meetings of this course might be recorded by the University. Students are expected to follow appropriate University policies and maintain the security of passwords used to access recorded lectures. Recordings may not be reproduced, shared with those not enrolled in the class, or uploaded to other online environments. If the instructor or a University of Miami office plans any other uses for the recordings beyond this class, students identifiable in the recordings will be notified to request consent prior to such use.

Disability and Accommodation
If a student has a disability, or suspects that he or she may have a disability, please contact Jessie Howell, Director of Accessibility, for information about available opportunities, resources, and services.  Her phone number is 305-284-4551, and her email address is access@law.miami.edu.

Title IX
The University of Miami seeks to maintain a safe learning, living, and working environment free from all types of sexual misconduct including but not limited to: Dating Violence, Domestic Violence, Sex- or Gender-Based Discrimination, Sexual Assault (including Sexual Battery), Sexual Exploitation, Sexual Harassment, and Stalking.  For additional information about the University’s efforts to prevent, stop, and address sexual misconduct, including resources and reporting options, please visit www.miami.edu/titleix or contact the University’s Title IX Office at titleixcoordinator@miami.edu.

Intellectual Property
The course professor is the copyright owner of the courseware, Specifically, pursuant to the University’s Policy on Inventions, Intellectual Property, and Technology Transfer, “courseware” includes: course syllabi, assignments, assessments, and/or other materials that are first created and made available to students as part of the educational curriculum at the University.