proposal for legal research

Legal Research Strategy

Preliminary analysis, organization, secondary sources, primary sources, updating research, identifying an end point, getting help, about this guide.

This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

How to Strategize

Legal research must be comprehensive and precise.  One contrary source that you miss may invalidate other sources you plan to rely on.  Sticking to a strategy will save you time, ensure completeness, and improve your work product. 

Follow These Steps

Running Time: 3 minutes, 13 seconds.

Make sure that you don't miss any steps by using our:

• Legal Research Strategy Checklist

If you get stuck at any time during the process, check this out:

• Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process, by Marsha L. Baum

Understanding the Legal Questions

A legal question often originates as a problem or story about a series of events. In law school, these stories are called fact patterns. In practice, facts may arise from a manager or an interview with a potential client. Start by doing the following:

• Read anything you have been given
• Analyze the facts and frame the legal issues
• Assess what you know and need to learn
• Note the jurisdiction and any primary law you have been given
• Generate potential search terms

Jurisdiction

Legal rules will vary depending on where geographically your legal question will be answered. You must determine the jurisdiction in which your claim will be heard. These resources can help you learn more about jurisdiction and how it is determined:

• Legal Treatises on Jurisdiction
• LII Wex Entry on Jurisdiction

This map indicates which states are in each federal appellate circuit:

Getting Started

Once you have begun your research, you will need to keep track of your work. Logging your research will help you to avoid missing sources and explain your research strategy. You will likely be asked to explain your research process when in practice. Researchers can keep paper logs, folders on Westlaw or Lexis, or online citation management platforms.

Organizational Methods

Tracking with paper or excel.

Many researchers create their own tracking charts.  Be sure to include:

• Search Date
• Topics/Keywords/Search Strategy
• Citation to Relevant Source Found
• Save Locations
• Follow Up Needed

Consider using the following research log as a starting place: 

• Sample Research Log

Tracking with Folders

Westlaw and Lexis offer options to create folders, then save and organize your materials there.

• Lexis Advance Folders
• Westlaw Edge Folders

Tracking with Citation Management Software

For long term projects, platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful. These are good tools to keep your research well organized. Note, however, that none of these platforms substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

• Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Sep 12, 2023 269 views this year

Types of Sources

There are three different types of sources: Primary, Secondary, and Tertiary.  When doing legal research you will be using mostly primary and secondary sources.  We will explore these different types of sources in the sections below.

Secondary sources often explain legal principles more thoroughly than a single case or statute. Starting with them can help you save time.

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

Consider the following when deciding which type of secondary source is right for you:

• Scope/Breadth
• Depth of Treatment
• Currentness/Reliability

For a deep dive into secondary sources visit:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Apr 12, 2024 4599 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

Legal dictionaries are similar to other dictionaries that you have likely used before.

• Black's Law Dictionary
• Ballentine's Law Dictionary

Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.  

Here are the two major national encyclopedias:

• American Jurisprudence (AmJur) This resource is also available in Westlaw & Lexis .
• Corpus Juris Secundum (CJS)

Treatises are books on legal topics.  These books are a good place to begin your research.  They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

It is important to check the date when the treatise was published. Many are either not updated, or are updated through the release of newer editions.

To find a relevant treatise explore:

• Legal Treatises by Subject by Catherine Biondo Last Updated Apr 12, 2024 3618 views this year

American Law Reports (ALR)

American Law Reports (ALR) contains in-depth articles on narrow topics of the law. ALR articles, are often called annotations. They provide background, analysis, and citations to relevant cases, statutes, articles, and other annotations. ALR annotations are invaluable tools to quickly find primary law on narrow legal questions.

This resource is available in both Westlaw and Lexis:

• American Law Reports on Westlaw (includes index)
• American Law Reports on Lexis

Law Reviews & Journals

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers. They also contain comments, notes, or developments in the law written by law students. Articles often focus on new or emerging areas of law and may offer critical commentary. Some law reviews are dedicated to a particular topic while others are general. Occasionally, law reviews will include issues devoted to proceedings of panels and symposia.

Law review and journal articles are extremely narrow and deep with extensive references. 

To find law review articles visit:

• Law Journal Library on HeinOnline
• Law Reviews & Journals on LexisNexis
• Law Reviews & Journals on Westlaw

Restatements

Restatements are highly regarded distillations of common law, prepared by the American Law Institute (ALI). ALI is a prestigious organization comprised of judges, professors, and lawyers. They distill the "black letter law" from cases to indicate trends in common law. Resulting in a “restatement” of existing common law into a series of principles or rules. Occasionally, they make recommendations on what a rule of law should be.

Restatements are not primary law. However, they are considered persuasive authority by many courts.

Restatements are organized into chapters, titles, and sections.  Sections contain the following:

• a concisely stated rule of law,
• comments to clarify the rule,
• hypothetical examples,
• explanation of purpose, and
• exceptions to the rule  

To access restatements visit:

• American Law Institute Library on HeinOnline
• Restatements & Principles of the Law on LexisNexis
• Restatements & Principles of Law on Westlaw

Primary Authority

Primary authority is "authority that issues directly from a law-making body."   Authority , Black's Law Dictionary (11th ed. 2019).   Sources of primary authority include:

• Constitutions
• Statutes 

Regulations

Access to primary legal sources is available through:

• Bloomberg Law
• Free & Low Cost Alternatives

Statutes (also called legislation) are "laws enacted by legislative bodies", such as Congress and state legislatures.  Statute , Black's Law Dictionary (11th ed. 2019).

We typically start primary law research here. If there is a controlling statute, cases you look for later will interpret that law. There are two types of statutes, annotated and unannotated.

Annotated codes are a great place to start your research. They combine statutory language with citations to cases, regulations, secondary sources, and other relevant statutes. This can quickly connect you to the most relevant cases related to a particular law. Unannotated Codes provide only the text of the statute without editorial additions. Unannotated codes, however, are more often considered official and used for citation purposes.

For a deep dive on federal and state statutes, visit:

• Statutes: US and State Codes by Mindy Kent Last Updated Apr 12, 2024 2981 views this year
• 50 State Surveys

Want to learn more about the history or legislative intent of a law?  Learn how to get started here:

• Legislative History Get an introduction to legislative histories in less than 5 minutes.
• Federal Legislative History Research Guide

Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations. However, many areas of law are affected by regulations. So make sure not to skip this step if they are relevant to your question.

To learn more about working with regulations, visit:

• Administrative Law Research by AJ Blechner Last Updated Apr 12, 2024 574 views this year

Case Basics

In many areas, finding relevant caselaw will comprise a significant part of your research. This Is particularly true in legal areas that rely heavily on common law principles.

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

Up to  86% of federal case opinions are unpublished. You must determine whether your jurisdiction will consider these unpublished cases as persuasive authority. The Federal Rules of Appellate Procedure have an overarching rule, Rule 32.1  Each circuit also has local rules regarding citations to unpublished opinions. You must understand both the Federal Rule and the rule in your jurisdiction.

• Federal and Local Rules of Appellate Procedure 32.1 (Dec. 2021).
• Type of Opinion or Order Filed in Cases Terminated on the Merits, by Circuit (Sept. 2021).

Each state also has its own local rules which can often be accessed through:

• State Bar Associations
• State Courts Websites

First Circuit

• First Circuit Court Rule 32.1.0

Second Circuit

• Second Circuit Court Rule 32.1.1

Third Circuit

• Third Circuit Court Rule 5.7

Fourth Circuit

• Fourth Circuit Court Rule 32.1

Fifth Circuit

• Fifth Circuit Court Rule 47.5

Sixth Circuit

• Sixth Circuit Court Rule 32.1

Seventh Circuit

• Seventh Circuit Court Rule 32.1

Eighth Circuit

• Eighth Circuit Court Rule 32.1A

Ninth Circuit

• Ninth Circuit Court Rule 36-3

Tenth Circuit

• Tenth Circuit Court Rule 32.1

Eleventh Circuit

• Eleventh Circuit Court Rule 32.1

D.C. Circuit

• D.C. Circuit Court Rule 32.1

Federal Circuit

• Federal Circuit Court Rule 32.1

Finding Cases

Headnotes show the key legal points in a case. Legal databases use these headnotes to guide researchers to other cases on the same topic. They also use them to organize concepts explored in cases by subject. Publishers, like Westlaw and Lexis, create headnotes, so they are not consistent across databases.

Headnotes are organized by subject into an outline that allows you to search by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic. This can help you identify particularly important cases on the relevant subject.

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

• Topic Navigator (Lexis)
• Key Digest System (Westlaw)

Start by identifying a relevant topic in a digest.  Then you can limit those results to your jurisdiction for more relevant results.  Sometimes, you can keyword search within only the results on your topic in your jurisdiction.  This is a particularly powerful research method.

One Good Case Method

After following the steps above, you will have identified some relevant cases on your topic. You can use good cases you find to locate other cases addressing the same topic. These other cases often apply similar rules to a range of diverse fact patterns.

• in Lexis click "More Like This Headnote"
• in Westlaw click "Cases that Cite This Headnote"

to focus on the terms of art or key words in a particular headnote. You can use this feature to find more cases with similar language and concepts.  ​

Ways to Use Citators

A citator is "a catalogued list of cases, statutes, and other legal sources showing the subsequent history and current precedential value of those sources.  Citators allow researchers to verify the authority of a precedent and to find additional sources relating to a given subject." Citator , Black's Law Dictionary (11th ed. 2019).

Each major legal database has its own citator.  The two most popular are Keycite on Westlaw and Shepard's on Lexis.

• Keycite Information Page
• Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

For step-by-step instructions on how to use Keycite and Shepard's see the following:

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• KeyCite Video Tutorial
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary

Using Citators For

Citators serve three purposes: (1) case validation, (2) better understanding, and (3) additional research.

Case Validation

Is my case or statute good law?

• Parallel citations
• Prior and subsequent history
• Negative treatment suggesting you should no longer cite to holding.

Better Understanding

Has the law in this area changed?

• Later cases on the same point of law
• Positive treatment, explaining or expanding the law.
• Negative Treatment, narrowing or distinguishing the law.

Track Research

Who is citing and writing about my case or statute?

• Secondary sources that discuss your case or statute.
• Cases in other jurisdictions that discuss your case or statute.

Knowing When to Start Writing

For more guidance on when to stop your research see:

• Terminating Research, by Christina L. Kunz

Automated Services

Automated services can check your work and ensure that you are not missing important resources. You can learn more about several automated brief check services.  However, these services are not a replacement for conducting your own diligent research .

• Automated Brief Check Instructional Video

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• Last Updated: Sep 21, 2023 2:56 PM
• URL: https://guides.library.harvard.edu/law/researchstrategy

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Legal research and writing

• Problem analysis

Research plan

• Legal encyclopedias and digests
• Legal dictionaries
• Annotated statutes
• Articles and papers
• Law reform commissions
• Blogs and website secondary sources
• British Columbia
• Finding case law
• Judicial treatment
• Legal writing
• Research guides
• Citation help
• Indigenous legal research methodology
• Research management

This page will help you analyze the legal problem you are going to research and help you identify the points your research will need to address.

Below  is a sample research plan template:

• Research Plan Format Sample (Nayyer) 2018

Planning your legal research

Once you have a handle on what your legal problem is you can plan your research accordingly.

The depth and focus of your plan will likely vary depending on the issues and your familiarity with the subject area.

Start with secondary materials

Start with secondary sources – discussions of the law – to get a grounding on the developed law and an idea of relevant legislation and leading cases on your topic. You'll find detail on secondary sources , including help in finding them, in the next section of this guide.

Legal dictionaries, legal encyclopedias, textbooks, annotated statutes, law reform commission reports, websites and blogs are all examples of secondary materials. Include these steps in your plan:

• Record the titles and dates of the material you look at
• Note down any legislation and cases that look relevant
• Make note of any potential keywords of search terms you come across

Identify relevant primary materials

Legislation is often the first primary source to consider as many legal research problems centre on the interpretation of legislation. Statutes, regulations and by-laws are all examples of legislation. Your research plan should include these steps:

• Write down the names of any potentially relevant legislation you are already aware of
• Add other legislation to this list as you conduct your research
• Update your legislation for currency
• Research your legislation for judicial interpretation

The other key primary source is case law . Be sure to pay attention to court level and jurisdiction. Your research plan should include these steps:

• Consider any leading cases you already know about for this issue
• Add other important cases to this list as you research secondary sources
• Add any cases you uncover as you note up legislation for judicial treatment
• Update or research the history of your cases for currency
• Note up your key cases for judicial treatment
• << Previous: Problem analysis
• Next: Secondary sources >>
• Last Updated: May 7, 2024 3:28 PM
• URL: https://libguides.uvic.ca/lrw

Legal Research: An Overview: Introduction

• Introduction
• Secondary Sources
• Courts, Case Reporters & Publication of Cases
• Mandatory v. Persuasive Authority
• Caselaw Searching
• Validating Your Research
• Statutory Codes
• Searching in the Codes
• Regulations
• Search Techniques

Legal Research: Getting Started

• Before You Start
• Suggested Research Strategy
• Knowing When Your Research Is Done

Good research begins with knowing what it is you are researching. New attorneys often overlook the importance of their initial communications with those assigning them projects. In their zeal to impress their employers and to appear informed, new attorneys may draw their own assumptions about the objectives for the research, neglect to ask clarifying questions, or may even appear disinterested in the assignment. Good communication skills are vital to having a solid understanding of your assignments and that those giving you assignments know they can count on you. Keep these tips in mind when you get new assignments:

Clarify the nature and scope of the project . For assignments given to you via e-mail, read the e-mail thoroughly, and for assignments given to you during a meeting, listen carefully and take detailed notes. When you receive an assignment, ask questions to clarify the scope of the project and anything that is confusing. Your questions should include asking for recommendations for key sources to consult; clarifying the format that your work product should take (i.e. research memorandum, hard copies of relevant material, draft insert for document, etc.); and confirming the deadline for completion of the assignment.

Reiterate your understanding of the project . After you have been given an assignment, send a follow up e-mail confirming your understanding of the assignment, including the key issue(s) to be researched, the format your work product will take, and the deadline.  This provides a good roadmap for you of the project and also gives your supervisor the opportunity to clarify any additional details.

Maintain good communication throughout the process . As you work on the project, check in regularly to let your supervisor know of your progress, to confirm that you are on the right-track, and to get additional guidance. If you are unsure about the extent of communication your supervisor desires, consult with other attorneys who have successfully worked with your supervisor. 

Timely respond to e-mails . It is important to timely acknowledge e-mails that your receive, even if you cannot get to the substance of the e-mail right away. For example, if you are sent an e-mail asking for a bit of research, respond to the e-mail at your earliest opportunity to let the sender know that you received their e-mail and advise the sender of when they can expect to receive at least some preliminary work on the project.

Project confidence . As a new attorney, it is natural to feel overwhelmed and unsure of your abilities when given a new assignment. Do not let these feelings compromise your professionalism when communicating with your supervisor. Show enthusiasm for the project and ask appropriate questions about deadlines and suggestions for getting started. Should you feel confused or overwhelmed as you work on a project, identify what it is you need guidance on, such as help prioritizing research items or confirmation that you are researching in the right sources, and go to your supervisor with specific questions.

Your research strategy will vary depending on your legal issue and the nature of your project. While there is no one path that works for every research question, these steps are a useful starting point:

Determine the relevant jurisdiction . Before you begin your research, you need to determine which law is controlling for your issue. Is the issue governed by state or federal law? For state law questions, what state(s) law is at issue? For federal law questions, what are the relevant Circuit and District courts?

Identify the legal issue and determine keywords to describe the issue . It is common for those new to legal research to go directly to a search engine and start typing away, hoping to find an answer quickly. Taking some time to step back from the search engine and think through the issue to be researched will save you time in the long run, as it will make your searching more efficient and effective. Identify what area(s) of the law are implicated by your issue, what is the question to be researched, what topics are implicated by that question, are there sub-issues that should be considered? You may find it helpful to write out the question(s) that you are researching. Also, think through keywords that describe your issue that would be useful for generating good searches. For those keywords, think through synonyms that may be used in lieu of those words.

Begin your research by consulting a secondary source . Secondary sources offer guidance on legal topics and questions. They are a critical resource to help you get a "lay-of-the-land" regarding your issue and will identify statutes and leading cases to jump start your research.

Locate relevant statutes . If there is an on-point statute for your issue, look up that statute in an annotated code. Take note not just of the language of the specific statute but also review the rest of the "chapter" in which the statute appears to identify other related and relevant statutes. For each relevant statute, review the annotations for citations to cases and secondary sources.

Find relevant cases . If you have identified relevant cases by looking at secondary sources and/or annotated codes, review those cases. Use the on-point headnotes of each case to search for other relevant cases in your jurisdiction, and use the citator (Shepard's in Lexis, KeyCite in Westlaw, and BCite in Bloomberg) to identify cases that have cited to your cases. Also, do additional keyword type searches to find other relevant cases.

Confirm that your authority is still good law . Use a citator (Shepard's in Lexis, KeyCite in Westlaw, or BCite in Bloomberg) to confirm that your cases and statutes are still good law.

One of the trickiest research tasks is knowing when your research is completed. Legal analysis is nuanced, and thorough research involves looking at a number of sources and types of materials. Finding one on-point authority does not mean your research is complete. However, it also is simply not possible to run every conceivable search in every conceivable resource and review every conceivable search result. Good legal researchers find the sweet-spot between one-and-done and scorched-earth type research.

The following may signal that you have found a good spot to conclude your research:

Your searches keep turning up the same set of relevant authorities. If you are no longer finding relevant new sources, you have probably found the bulk of what is available.

You have searched in a variety of available sources (i.e. secondary sources, cases, etc.) and resources (Westlaw/Lexis/Bloomberg, government websites, other available resources).

You have searched using a variety of keywords.

You have searched using a variety of methods (using secondary sources to find primary authority, keyword searching, mining headnotes to explore Topics/Key Numbers, reviewing citing references, etc.).

For your most relevant search results, you have reviewed both the sources they cite and sources that cite to those materials.

Other Useful UCLA Legal Research Resources

Law Library Home Page . The Law Library home page provides access to a wide array of research resources and information.

Law Library Research Guides . The Law Library has prepared more than 80 research guides to assist UCLA Law students with their research needs. Guides of particular interest for law students include: Guide for First Year Law Students; Law School Study Aids; Mobile Applications for Law Students and Lawyers; and Career Planning, Job Search and More for Law Students.

How to Access UCLA Databases . This guide provides instructions for UCLA Law students on how to access UC, UCLA, and UCLA Law licensed databases remotely.

Law Library Digital Collection . The Digital Collection page provides links to commonly used legal databases.

UC Library Search . Use the Catalog to search for books and other library materials available at UCLA and the other UC libraries.

UCLA Library A-Z Databases List . The UCLA Library system provides access to non-legal databases and other research resources available at UCLA.

• Next: Secondary Sources >>
• Last Updated: Feb 2, 2024 1:31 PM
• URL: https://libguides.law.ucla.edu/researchoverview

© The Regents of the University of California. UCLA School of Law. All Rights Reserved.

Writing a law school research paper or law review note

• Books and articles

Basics of Format & Content

Research papers are not as strictly structured as legal memos, briefs, and other documents that you've learned about in legal writing and drafting courses. For example, there is no prescribed content/format similar to to the Questions Presented, Brief Answers, etc. that you learned for a legal memo.

A general approach to thinking about the content of a research paper is:

• Introduction in which you give some background and a clear statement of your thesis
• Status quo -- what is the existing law and why is it a problem
• Proposals for change

See this blog post by Jonathan Burns , an IU McKinney alum, for more on basic content.

If you're writing for a law review or seminar, you should get formatting instructions regarding things like margins, font size, line spacing. If you don't, or if you're doing an independent study, here are some basic guidelines to follow:

• Times New Roman or similar, 12 pt font.
• Double spaced lines.
• One inch margins all around.
• Footnotes in academic Bluebook style (use the rules on the main white pages instead of the light blue pages at the front of the Bluebook).
• Footnotes in same font as text, 10 pt font.
• Use Roman numerals and/or letters on headings and subheadings or style the fonts so that the difference between headings and subheadings is clear.   
• Page numbers in the footer, preferably centered, especially on first page. You could do bottom center on first page and then upper right in the header thereafter. Use the header and footer functions for this. If you don't know how to use headers and footers in Word, here is help:  https://edu.gcfglobal.org/en/word2016/headers-and-footers/1/ . 

Headings and subheadings

Research papers should have headings and subheadings. These help your reader follow your logic--and a logical structure is very important. Headings and subheadings can also help you keep your thoughts organized. Just don't overuse them--you don't want every paragaph to have a subheading. 

Road map paragraph

Often, research papers will also include a paragraph at the end of the introduction that narrates the road map the paper will follow.   Here is an example of this kind of paragraph:

"The section that follows [this introduction] sets the stage by recounting two scenarios from the Indiana University Robert H. McKinney School of Law, with discussion of the knowledge and implementation of accessibility features in online instructional materials. The next section provides an overview of various impairments and their effects on a user's experience of the online environment. Next is a review of the laws relevant to accessibility with attention to their potential application to online instruction, along with standards used to guide accessibility compliance. The article then explores the concept of universal design and its guiding principles, followed by a discussion of how to use the universal design principles to organize and better understand accessibility standards and practices. The final section briefly summarizes the discussion and encourages law librarians and professors to become knowledgeable and skilled in universal design for online materials to benefit all their students."

Table of Contents

A table of contents can also be helpful, though it's not necessary. If you add a table of contents to your papers, put it right at the beginning, before the introduction. Here's part of the table of contents for the same paper the paragraph above was taken from--it really just lays out the heading and subheadings with page numbers: 

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LEGAL RESEARCH PROPOSAL AND ITS ENTAILS Written by Saphy Lal Bullu Lecturer

This article addresses the essential elements which are required for writing reference with specific focus to the legal research proposal. An author intends to articulate organised structure and methods as required to appear in to any legal proposal research which at the end of the intended work; a student shall be able to present findings and conclusion through broken and clear steps which were taken at the beginning of the thesis/dissertation.

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Legal research, a vital player in the course of development of a society, underpins the pressing need for quality research in the country. Legal research is not essentially different from other types of research. This is too searching for authority to substantiate some hypothesis and is a probable outcome. Its issues of enquiry naturally relate to pure law or law in relation to society. India has an important role to play in the world community, especially in the Asian and African regions. The need for research in inter-American law was emphasised in the U.S.A. in 1945 and the U.S.A. is bringing out a separate literature on the subject. Moreover, till now, India has been completely tied down to the chariot wheel of the English Common law. The Legal research in India can only be understood in the context of restraints under which it is produced. With notable exceptions, Indian academic legal scholars are generally ignored by the legal profession, the government and lay public. Deprived funds and resources, they struggle for efficiency, style and effect. Independent India has demonstrated a very strong commitment to law and the development of legal doctrine. Opinions vary on whether this was intended to achieve distributive justice or to conceal patterns of legal suppression. There was a new Constitution but only a 'scissor and paste' cosmopolitan jurisprudence to interpret it. Mature legal research has largely been produced under the support of endowment lectures, of which the most celebrated are the Tagore Law Lectures, begun in the latter part of the 19th century. As new law schools were established throughout the country, there were new possibilities for research. The least productive area of research was the codified part of private and commercial law. Personal law produced some research as it interacted with the framework of the Hindu Code. The codification of Indian law in the 19th century created a tribe of digest and practitioner textbook writers. The textbook writers included well-known names like Pollock, Mulla (later in the Privy Council), Hari Singh Gaur and Ameer Ali. These classics, reflecting an Indian 'black letter' law tradition, continue to be edited by eminent judges and practicing lawyers. Legal scholars and lawyers were always interested in legal reform and development and adaption of law in accordance with the changing needs of society. This paper focuses on how legal research has been evolved in the society and its effects in the development of legal system.

Jahlan Remtula

Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation."

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Legal Research Methodology: Guide to Scientific Approach for Nigerian Law Institutions" was developed to fill the perceived methodology gaps I encountered during the process of writing my LL.B project. This book offers an exhaustive assessment of the scientific and methodological aspects of legal research, underscoring its significance to contemporary legal investigators. The book examines all aspects of legal writing and is designed to be a hands-on guide for law researchers at different academic stages, including LL.B, LL.M (Masters), PhD, and those writing for journals and conferences. It primarily aims to illuminate the scientific aspects of legal research, facilitating their application to scholarly inquiries, and rendering legal research more systematic, universally acceptable, and enduring.

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Bakti Bakti

This paper is intended to understand the description and characteristics of legal research produced by law faculty students and developed by law scientists and researchers at Syiah Kuala University as a sample case. Does the description of the research results of legal researchers, including students and legal scientists, follow the characteristics and legal paradigms that tend to be classical or have they led to the development of contemporary legal theories.

The writer looked at the problems involved in writing a legal research proposal by identifying some of the basic challenges such as the choice of topic, resource materials, methodology and the theoretical framework to be adopted for the research. The aim is to take a holistic overview of a legal research methodology. The primary and secondary sources of material selection were used through the use of the law libraries and the internet as well as journals and periodicals to gather information for this study. The study shows that legal research works are still much being conducted under the doctrinal method which is not empirical in view of the fact that analysis of statistical data or qualitative methodology is often viewed as the concern of the pure scientist rather than in the humanities. In conclusion, it was observed and recommended that the need to embark on empirical legal research methodology cannot be over emphasized as it is the only panacea by which the sociological effect of the law could be attained in the 21 st century. Introduction The development of the law will to a great extent be subjected to obsolete and archaic postulation and outdated rules that may be out of tune with those the laws supposed to govern if there is no consistent research that is being conducted from time to time to evaluate its operation within a particular geographical legal system. Therefore, this underscore the essence of a legal research not only in law but virtually in all other subjects in order to better the lot of the people the world over. For example, a research could have the aims of probing into the causes of plane crashes and the like globally with a view to steming the tide. The concomitant effect of this may at the end of the day be geared towards the total eradication of plane crashes globally or at least to bring it under a bearable condition. Aside, it may be conducted on the causes of the recent religion ‗sect' called ‗Boko Haram' in Nigeria that had been taking it tolls on the lives of the citizenry in the country with a view to finding a lasting solution to it by way of offering some necessary recommendations to the government of the day. These hiccups are problems which pose great challenges to human existence and therefore, they are meant to be solved in order to ensure safety of every individual and to guarantee the Fundamental Human Rights of all Nigerians as enshrined under chapter IV of the 1999 Constitution 76 of the Federal Republic of Nigeria. Before going into the ‗nitty gritty' of this topic, it is imperative that one need to define what a research is in order to fully comprehend the scope of this paper.

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Legal research proposal Sample PDF 2024

• 3 January, 2024

This is a legal research proposal sample.

This sample of the legal research proposal will guide law students and lawyers in the course of conducting legal research and report writing.

Learn how to write a legal research proposal here

Read also: How to conduct legal research and write your research report

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Legal research proposal Sample

List of statutes, list of abbreviations and acronyms, list of international instruments, list of cases, chapter one, introduction, background to the problem, statement of the problem, hypotheses of the study, general objective, specific objective, significance of the study, literature review, research design, library research, field research, area of the study, sample population, sample size, sampling technique, questionnaire, data presentation and analysis techniques, legal research proposal sample pdf.

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The following is a sample of the legal research proposal.

AAA UNIVERSITY

FACULTY OF LAW

RESEARCH PROPOSAL

ROLE OF COPYRIGHT AND NEIGHBOURING RIGHTS ACT IN PROTECTING OWNERS OF LITERARY WORKS IN THE DIGITAL ENVIRONMENT

REGISTRATION NO. 111111/T.00

SUPERVISOR:  PROF. BBBB

A COMPULSORY RESEARCH PAPER SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF THE BACHELOR OF LAWS (LL.B) DEGREE OF THE AAAA UNIVERSITY

Constitution

The Constitution of the United Republic of Tanzania, 1977

International instruments

Agreement on the Creation of the African Regional Industrial Property Organization 1979

Berne Convention for the Protection of Literary and Artistic Works (1971)

Patent Cooperation Treaty, 1970

Universal Declaration of Human Rights of 1948

World Intellectual Property Organisation Performances and Phonograms Treaty, 2002

World Intellectual Property Organisation Copyright Treaty, 1979

Legislations

Copyright Ordinance, CAP 218

Digital Millennium Copyright Act (1998)

The Copyright and Neighbouring Rights Act [CAP 218 R.E 2002]

ARIPO                        African Regional Industrial Property Organisation

CANRA                      Copyright and Neighboring Rights Act

CAP                            Chapter

CDPA                         Copyright Design and Patent Act

CERT                          Computer Emergency Response Team

Co.                              Company

Corp.                           Corporation

COSOTA                    Copyright Society of Tanzania

CURT                         Constitution of the United Republic of Tanzania

DMCA                        Digital Millennium Copyright Act

DRM                           Digital Rights Management

Ed                               Editor

ed.                               Edition

G.N.                           Government Notice

http                              hypertext transfer protocol

Ibid                             ibidem(in the same place)

ICT                              Information and Communication Technology

IP                                Intellectual property

IPRs                            Intellectual property rights

LL.B                           Lex  Legum Beccalareus

Ltd                              Limited

NEC                            Nippon Electricity Company

No.                              Number

P.                                 Page

Pvt                               Private

R.E                              Revised Edition

REG.                           Registration

TRIPS                         Trade-Related Aspects of Intellectual Property Agreements

U.S.A                          United States of America

UK                              United Kingdom

UNESCO                     United Nations Educational, Scientific and Cultural Organization

V                                  Versus

Vol.                             Volume

W.T.O                         World Trade Organisation

WCT                           WIPO Copyright Treaty

WIPO                          World Intellectual Property Organisation

www                           World Wide Web

Agreement on Trade-Related Aspects of Intellectual Property Right, 1994

Berne Convention for the Protection of Literary and Artistic Works, 1886

Directive on Electronic Commerce, Directive 2000/31/EC

Directive on Enforcement of Intellectual Property Rights, Directive 2004/48/EC

Directive on the Harmonization of Certain Aspect of Copyright and Related Rights in Information Society, Directive 2001/29/EC

European Convention on Cybercrimes, No. 1885 of 2001

WIPO Copyright Treaty, 1996

LIST OF LEGISLATIONS

Foreign Legislation

Copyright Designs and Patents Act, 1988 (U.K)

Digital Millennium Copyright Act, 1998 (U.S.A)

Domestic Legislation

Constitution of the United Republic of Tanzania, [CAP 2 R.E 2002]

Copyright and Neighboring Rights Act, [CAP 218 R.E 2002]

Cybercrime Act, No. 4 of 2015

Regulations

Copyright (Licensing of Public Performances and Broadcasting) Regulations, GN No. 328 of October 2003

Copyright and Neighbouring Rights (Production and Distribution of Sound and Audiovisual, Recordings) 2006 GN No.18 of January 2006

Copyright and Neighbouring Rights (Registration of Members and Their Works) Regulations, GN No. 6 of January 2006

Electronic and Postal Communications (Computer Emergency Response Team) Regulations, G.N. No. 419 of December 2011

Electronic and Postal Communications (Licensing) Regulations, G.N No. 430 of December 2011

Electronic and Postal Communications (Telecommunications Traffic Monitoring System) Regulations G.N. No. 208 June 2013

Exxon Corporation v Exxon Insurance [1982] RPC 69

NEC Corp. v. Intel Corp. (1989) 10 U.S.P.Q.2d 1177

Pastel Software (Pty) Ltd v Pink Software (Pty) (1991) Ltd 409

Torkington v Magee [1902] 2 KB

University of London Press v University Tutorial Press [1916] 2 Ch 601

BACKGROUND AND THEORETICAL INFORMATION

This research will deal with the role of the Copyright and Neighbouring Rights Act[1](CANRA) in protecting the economic rights of owners of literary works in a digital environment.

It arises from the need of protecting the economic rights of owners of original literary works from online piracy and other related online illegal activities and a desire to consider whether CANRA recognizes and guarantees the protection of economic rights of owners of literary works in a digital environment.

It is important in this research to define what is literary works and the digital environment. According to Black’s law dictionary[2] literary works mean “a non-audiovisual work that is expressed by verbal, numerical, or other symbols such as words or musical notation and embodied in some physical object.[3]”

In University of London Press Limited v University Tutorial Press Limited[4] Peterson J at p. 608 stated that “literary work cover work which is expressed in print or writing, irrespective of the question whether the quality or style is high.

The word “literary” seems to be used in a sense somewhat similar to the use of the word “literature” in political or electioneering literature and refers to written or printed matter. That does not say that anything written or printed is a literary work.” In Exxon Corporation v Exxon Insurance[5], it was held that a literary work is one that conveys information or instruction. Also in the case of Pastel Software (Pty) Ltd V Pink Software (Pty) 1991 Ltd 409 literary work was defined as any combination of letters and/or numerals that embody the results of a measure of intellectual effort or skill.

A digital environment is a simulated place made through the use of one or more computers, records or evidence of an individual’s interaction with a digital environment constitute their digital footprint[6].

Also, it is worthwhile to know the economic rights which are entitled to the owners of original literary works.

Economic rights are pecuniary benefits the owner of original literary work gets from his work. The owner has to derive fair and sufficient financial reward from the use of his work. Economic rights are exclusive rights of the author to authorize reproduction of the work, distribution of the work, rental of the work, public exhibition of the work, translation of the work, an adaptation of the work, public performance of the work, broadcasting of the work, and importation of copies of the work.[7]These rights can be transferred to another person by the author.[8]

With digitalization and the internet, literary works are highly affected by digital copyright violations for example through file-swapping, copying and pasting, file sharing, uploading and downloading, and other related online illegal activities, these activities keep the economic rights of owners of literary works at risk.

In response to that, CANRA under Section 44 legitimizes the application of technical means of protection and rights management information so as to allow owners of original literary works to protect their economic rights from digital copyright violations. According to this section, specifically under subsection 1 (c) read together with subsection 2, it is unlawful and it shall be assimilated to infringements of CANRA to remove or alter any electronic rights management information without authority.

This is necessary because in absence of technical measures, implementation of CANRA prohibitions is hard to archive on the global internet.[9]

Despite that response, CANRA does not have clear and specific provisions for the protection of exclusive rights of owners of literary works from digital copyright violations compared to traditional or analogy infringement where it provides for offenses and remedies for infringement.

Traditionally once original literary work is entitled to copyright protection, the author shall have the exclusive right to carry out or to authorize; reproduction of the work, distribution of the work, public exhibition of the work, translation of the work, an adaptation of the work, other communication to the public of the work and importation of copies of the work[10].

Therefore traditionally a person is termed to infringe copyright when direct or aid to conduct any of the acts above activities without authorization of the author. Any person who knowingly violates, or causes to be violated, the rights protected, commits an offense [11].

Also, it provides that any person whose rights under the Act are in imminent danger of being infringed or have been Infringed, may institute proceedings in the United Republic of Tanzania for an injunction to prevent the infringement or to prohibit the continuation of the infringement.[12]

Digitalization emerge to have upset the traditional means of copyright protection, as it leads to the new forms of copyright infringements as it supports the conversion of literary works which are hardcopy to softcopy, its allows illegal copying of original literary works without affecting their quality and makes the illegal copies to be distributed over networks.

Therefore there is a need for the CANRA to be adequate in protecting economic rights of owners of literary works in a digital environment.

Noteworthy that the protection of the property is a constitutional right. As it has been stated in The Constitution of the United Republic of Tanzania 1977[13](CURT) that

Every person is entitled to own property and has a right to the protection of his property held in accordance with the law and it shall be unlawful for any person to be deprived of his property for the purposes of nationalization or any other purposes without the authority of the law which makes provision for fair and adequate compensation[14].

This study will examine the adequacy of CANRA in protecting the economic rights of owners of literary works in a digital environment. It inspects the extent to which CANRA recognizes and guarantees protection of economic rights of owners of literary works in a digital environment.

Copyright is a property right that subsists (exists) in the various works, for example, literary works, artistic works, musical works, sound recordings, films, and broadcasts.[15]

In relation to literary work, in the case of NEC Corp. v. Intel Corp[16], it was stated that “for a particular literary work to be copyrightable, two requirements must be satisfied: the work must be “fixed in any tangible medium of expression,” and it must be “original”. In Tanzania, copyright protection began as soon as the existence of colonialists. It can be traced to the British era. The British copyright law is often seen as a gift that was bequeathed to colonial countries.

The Copyright Ordinance[17] was introduced as an extension of the United Kingdom (imperial) Copyright Act 1911. It was applied in colonial territories and was the model for most of the early copyright legislation in Commonwealth countries[18].

After the independence of Tanganyika, the Copyright Ordinance of 1924 was replaced by the Copyright Act No. 61 of 1966[19]which improved on copyright matters. The 1966 Act provides the automatic protection of copyright materials. Cinematographic, musical, and artistic works qualified for protection.

However Act No. 61 of 1966 had challenges that, it lacks provisions on criminal offenses and their sanctions, the term of copyright protection was short.[20]

Development of technology, absence of the copyright organization for the protection and management of copyright, an increase of copyright infringement activities, most often, involves a claim of improper copying or creation of a new work based upon the original, made Act No. 61 of 1966  not effective.

As the result, in 1999 CANRA was promulgated to repeal Act No. 61 of 1966. This Act was enacted to make better provisions for copyright and neighboring rights in literary, artistic works, folklore and for related matters.[21]

To protect the moral and economic interests of authors (creator) relating to their works, to provide protection for the expression of folklore, to protect the interests of performing artists, producers of cassettes and broadcasting organizations, to provide for civil remedies and criminal sanctions against infringers and pirates[22].

It introduced new provisions included, such as enhanced provision on criminal offenses and sanctions[23], protection for the expression of folklore[24], computer programs[25], phonograms and related rights[26]and composition of Copyright Society of Tanzania (COSOTA)[27]  which were not included in Act No. 61 of 1966.

In addition to the traditional acts of infringement, the Act has also expanded the spectrum of infringing practices by faulting those who import or own contrivances, which may be used to facilitate copyright infringement[28].

In relation to digital infringement, CANRA legitimized the use of technical means of protection and rights of management information so as to enable the owners of literary works to safeguard their economic rights from digital copyright violations[29]. CANRA managed to adhere to the rules and principles of some conventions such as the Berne convention[30] and the TRIPS Agreement of the World Trade Organization[31]for example protection of computer programs and software.[32]

In the 2000s several regulations were made to ensure effective implementation of CANRA, it includes; The Copyright (Licensing of Public Performances and Broadcasting) Regulations[33] which deals with licensing of public performance and broadcasting of copyrighted works, as provided under Regulation 3 “that no person shall hold public performances or broadcasting a copyrighted work except under the license from the society”

The Copyright and Neighbouring Rights (Registration of Members and Their Works) Regulations[34], which deals with the registration of artistic work and membership of COSOTA, as provided under Regulation 3 that “author or another owner of the copyright may apply for membership of COSOTA.

The Copyright and Neighbouring Rights (Production and Distribution of Sound and Audiovisual Recordings) Regulations[35], which deals with the protection of sound recordings or audio-visual recordings, as provided under Regulation 2 that “A person shall not produce, distribute or import for distribution sound recordings or audio-visual recordings in Tanzania except under a license issued by the Copyright Society of Tanzania under these Regulations are referred to as the “Society”.

Nevertheless, contemporarily, there is no regulation that is made to ensure effective implementation of CANRA towards the protection of literary works in a digital environment.

Since the year of 1990s when Privatization and investment took the role, it gave away for the development of Information Technology as things like computers were highly engaged.

These technologies are both promising and potentially harmful to various parties interested in the use and the exploitation of works of authorship[36]and thus, enhance copyright infringement through the digital environment.

Activities such as caching, scanning, file-swapping, browsing, copying and pasting, downloading, and uploading of literary works, cause violation of the copyright owner’s exclusive rights, such as the right to make copies[37].

To control infringement of copyright in the digital environment, international organizations, directives, and several nations began to introduce in their binding legislation regulations aimed to increase protection of works and rights of their authors’ organizations in a digital environment.

An example of an international organization, treaties are WIPO Copyright Treaty (WCT). The provisions of the WCT relating to digital technology covers storage of works in digital form in an electronic medium, transmission on digital networks, limitations, and exceptions in the digital environment, and technological measures of protection and rights management information, Berne Convention the impact of digital technology on copyrighted works has been considered through Article 20.[38]

Also Directive on Electronic Commerce[39], Directive on Enforcement of Intellectual Property Rights[40] and Directive on the Harmonisation of Certain Aspect of Copyright and Related Rights in Information Society[41], was made in European Union so as to ensure proper regulation and enforcement of IPRs in the digital era.

United States of America (USA) enacted Digital Millennium Copyright Act, 1998 (DCMA) Title I of the DMCA contains, among other things, provisions to implement obligations concerning technological measures and rights management information and United Kingdom (UK) enacted The Copyright Designs and Patents Act, this law prohibits copying in relation to Literary (which include software), dramatic, musical, and artistic work, including reproducing the work in any material form which includes storage in any medium by electronic means[42]

To control digital copyright infringements in Tanzania, CANRA allows the application of technical means of protection and rights management information so as to enable owners of original literary works to protect their economic rights from digital copyright violations. It is unlawful and it shall be assimilated to infringements of CANRA to remove or alter any electronic rights management the information which was set by the owners of literary works towards the protection of their economic rights without authority[43].

Despite that response, CANRA does not have clear and specific provisions for control of online piracy and other related online illegal activities compared to international instruments and copyright laws of other jurisdictions like the USA and UK which respond to the digital copyright via lotions by including clear and specific provisions for control digital copyright violations.

Absence of clear and specific provisions for control of online piracy and other related online illegal activities in CANRA may renders the enforcement of the Act in a digital environment very difficult.

Authors of original literary works shall be entitled to copyright protection for their works by the sole fact of the creation of such works [44]. In the case of the University of London Press v University Tutorial Press[45] it was stated that “The word “original” does not in this connection mean that the work must be the expression of original or inventive thought.

Copyright Acts are not concerned with the originality of ideas, but with the expression of thought, and, in the case of “literary work,” with the expression of thought in print or writing.

Due to the development of Information and Communication Technologies (ICTs) particularly digitalization, computerization and the internet, there have been various means on how original literary works can be copied or reproduced without affecting its quality, disseminated and obtained without authorization, for example through uploading or downloading literary works from the internet.

It becomes difficult for the owners of literary works to control dissemination or distribution of their works through the internet without law to provide for effective measures to protect their economic rights.

Digitalization, computerization and the internet facilitates rampant infringement of the economic rights of the owners of literary works which are conducted both offline and online environment. Mostly in offline environment infringement is done through copying, burning, scanning, distribution of literary works through flash disk and memory cards and any other similar means.

In a few instances infringement is also conducted through an online environment, it is done through file-swapping (peer-peer file sharing) whereby people can share literary works without permission from the owner.

In Tanzania the most applicable file swapping websites are; 4shared, Telegram, Mega upload, Media fire, Files tube, Rapid share and The Pirate Bay, also infringement via digital environment is conducted through, downloading, uploading, copying and pasting, and scanning of literary works.

Consequently, CANRA under Section 44 provides for the application of technical means of protection and rights management information so as to enable owners of original literary works to protect their economics rights from digital copyright violations, however, this section is not accommodated enough to ensure more effective protection and enforcement of CANRA in relation to the digital copyright infringement.

Therefore there is a need for the CANRA to be adequate in protecting the economic rights of owners of literary works in digital environment.

This study will examine the extent to which CANRA recognizes and guarantees the protection of economic rights of owners of literary works in a digital environment. The study further provides recommendations regarding the effective enforcement of CANRA in a digital environment.

This research will base on the following hypotheses:

• The emergence of the digital environment and lack of digital copyright law facilitate rampant infringement of economic rights of owners of literary works
• CANRA is ineffective in protecting the economic rights of owners of literary works in a digital environment.

Objectives of the Study

The general objective of this research is to explore the legal challenges in the protection of the economic rights of owners of original literary works in a digital environment.

• To examine the extent to which CANRA protects the economic rights of owners of literary works in a digital environment
• To explore the effectiveness of CANRA in protecting the economic rights of owners of literary works in a digital environment.
• The study will be useful to the law-making bodies to restructure the copyright legislation to meet the contemporary situation of science and technology.
• This study will make the general public awareness of copyright issues.
• The study will as well serve as reference material for further studies on the same area.
• Furthermore, the study will enable a researcher to qualify for an award of bachelor’s degree of laws (LL.B) of AAA University 2022.

The issue of infringement of intellectual property rights via the digital environment has been discussed by various persons both from Tanzania and outside of Tanzania.

The researcher reviewed the existing literature in order to know how other writers have dealt with the problem at hand and to discover the existing gaps which are left by them so as this research to deal with those gaps. Also, the existing literature gave the researcher a direction as to where to go after getting the starting point.

Fujita A.K. (1996) [46] in her article provides that, the new technology of digitization in our present Information Age has upset the delicate balance created and maintained by copyright law between the rights of authors, users, and the industries that collect the money. There is no doubt that the technology of digitization will have a profound effect on copyright law.

She further states that digitization allows copying to be done quickly, cheaply, and easily, with no loss in quality, and then distributed to potentially millions of people in a few seconds.

Because of the new Information Superhighway, it can be done in the comfort of one’s own home with just a personal computer and a modem. Copyright holders have always been worried about new copying technology.

Photocopy machines, cassette recorders, and video recorders have all been thought to be a threat to copyright. Digitization allows a user to easily remove an author’s name from a work, substituting his own name, another’s, or none at all.

It allows a user to alter text, insert words, delete paragraphs, etc. Digitization allows a user to easily remove an author’s name from a work, substituting his own name, another’s, or none at all. It allows a user to alter text, insert words, delete paragraphs, etc.

She proposed that we must now determine how to write the laws to create the appropriate balance of author, user, and publishing rights. A major criticism of laws regulating private behavior in a digitized environment centers on enforcement. It is believed that the laws cannot be enforced without strict monitoring that would violate the privacy rights of users.

This literature discloses various problems which have been brought by digitalization, also it proposes that the resort should be made to the law, although it pinpoints that a law cannot be enforced without strict monitoring that would violate the privacy rights of users.

However, in his literature, the author did not cover the protection of economic rights of literary works in a digital environment. The researcher intends to use this literature to show the importance of the copyright law to be strict in monitoring that would violate the economic rights of owners of literary works.

Szczepańska, B. (2004) [47] in his paper stated that the copyright issue has gained additional significance in the context of the information society, the development of which we can witness where access to broadly understood media and means of public and direct communication plays a key role.

Using digital technology to record, make available, store, archive, and transfer works triggered the change in methods and scope of their exploitation. Apart from obvious and undisputable positive consequences of those changes, there are risks related to the infringement of copyright and neighboring rights on an unprecedented scale by using the protected property without the consent of authorized entities or by “manipulating” the content of the works distributed in digital format.

This literature tries to show that, piracy for many years has been a serious problem especially in the traditional way in which literary works and other copyrighted works are distributed in digital format.

That with the advent of digitization the situation is worse. However, in his literature, the author says nothing about the protection of literary works in a digital environment.

The researcher will use it to show the importance of legal framework on protecting the economic rights of literary works in the digital environment and keep in pace with the development of new technology such as the internet and computer networks.

Mahingira, E. (2007) [48] in his paper states that, there is infringement and piracy of protected works. He points out the importance of IP in building a socio-economic positive growth of Tanzania by formalizing IP activities, having an IP Policy, and building up of the IP institution by the stakeholders of IP.

The author speaks generally about importance of IP activities and the importance of having an IP policy and institution dealing with IP without specifically concentrates on the protection of economic rights of owners of literary works in a digital environment. The researcher intends to use this paper since it supports the establishment of a system of protection which in turn will control copyright infringement in a digital environment.

Burgunder, M. (2007) [49] in his book states that, even if intellectual property protection is established by law overseas, it may be useless if the enforcement mechanisms are insufficient. It is one thing to state that something is wrong; it is quite another thing to do something about it.

This literature is useful in this research since it insists on the importance of sufficient enforcement of intellectual property protection. However, this literature does not specifically provide for enforcement of copyright law in protecting the economic rights of literary works in the digital environment, which will be covered in this research.

The researcher will use this literature to provide for an efficient copyright enforcement mechanism that will ensure the protection of the economic rights of owners of literary works in a digital environment.

Wangwe, S. (2009) [50] in his report notes that by 1966 the lack of effective intellectual property protection in Tanzania warranted significant improvement needing the adaptation and enlargement of legal, administrative and enforcement framework as well as human capacity.

He further observes that, although the legal framework and the necessary institutional framework for IP administration been established, the need for other IP implementing agents such as the police department, the customs office, and the judiciary needs adequate preparation in order to be able to curb the infringement of intellectual property rights.

Finally the author suggests   that extensive training is required to cause awareness of Intellectual field in general and put it into practice.

In his report, points out some administrative concerns and concentrates on the lack of effective IP protection in Tanzania.

He suggests for the importance of improving, adapting, and enlarging the legal administrative and enforcement as well as human capacity machinery for enforcement intellectual property protection in Tanzania. However, the author did not specifically discuss the issues facing copyright protection in the digital environment in Tanzania, particularly in literary works.

Therefore this research will use this literature to cover how legal and institutional frameworks will be outfitted so as to protect the economic rights of owners of literary works in a digital environment.

Mambi, A.J. (2010) [51] in his book points out that, the growth of the internet has had major implications for the treatment and protection of copyright materials and other related intellectual property rights that are published electronically.

He notes that one can clearly observe the difficulty faced by the intellectual property laws in Tanzania and other countries specifically copyright law-keeping in pace with changes in technology.

In his book specifically addresses the issue of difficulties on copyright protection on technological development which is the realm of this study, but he does not cover literary works. The research will use this literature to show the importance of copyright law to keep pace with the development of new technology such as digitalization and the internet.

Hargreave, I. (2011) [52] in his report states that IP law must adapt to change, digital communications technology involves routine copying of text, images, and data, meaning that copyright law has started to act as a regulatory barrier to the creation of certain kinds of new, internet-based businesses.

He also argues that the copyright regime cannot be considered fit for the digital age when millions of citizens are in daily breach of copyright, simply for shifting a piece of music or video from one device to another. People are confused about what is allowed and what is not, with the risk that the law falls into disrepute

He also pinpoints the reasons for supporting effective enforcement of IP rights by saying that a theme that connects all areas of IP is enforcement. IP rights cannot succeed in their core economic function of incentivizing innovation if rights are disregarded or are too expensive to enforce.

Ineffective rights regimes are worse than no rights at all: they appear to offer certainty and support for reliable business models, but in practice send misleading signals. Widespread disregard for the law erodes the certainty that underpins consumer and investor confidence. In the most serious cases, it destroys the social solidarity which enables the law abiding majority to unite against a criminal minority. These are powerful reasons for supporting effective enforcement of IP rights.

This report reveals that IP law must change to adapt digital environment situations and also insists on effective enforcement of IP rights.

However, it does not provide on how the law particularly copyright legislations, can be sufficient to protect owners of literary works in digital environment. The researcher intends to use this literature since it supports effective enforcement of IP rights and it shade the light on the need of changing the law so as to control the challenges brought by the development of science and technology.

Denton, A. (2011) [53] highlights that digital copyright infringement is ubiquitous. There are a number of technical approaches used by pirates to copy and share content. These techniques are increasingly sophisticated and have increasing scale and scope.

Industry is making efforts to work cooperatively to mitigate the risks and to help to enforce copyright. These efforts alone have clearly not managed to limit copyright abuse and there is an on-going debate on the role of different players in the ecosystem in enforcement.

This paper reveals how digital copyright infringement terrorizes copyright protection, it notes a number of technical approaches used by pirates to copy and share content and it tells that effort has been made to mitigate the risks.

However the literature does not cover on the issue of protecting owners of literary works in digital environment. The researcher intends to use this literature since it shows how the digital environment rampant copyright infringement and informs that effort has to be made so as to mitigate the risks.

Nyariki, D. et al. (2012) [54]  in their report notes that, another impediment to the development of creative industries is piracy, which is normally considered a serious challenge in developing countries. Piracy is because of the absence of adequate IP protection.

They argue that to strengthen and streamline the activities of the copyright industry, relevant policies should be put in place and existing policies should be reinforced to make them more effective in improving the operational efficiency of the industries. This will, in turn, encourage the development of the industries, by creating enabling environment for the government to harness the benefit that they provide, which will subsequently lead to greater recognition of their value in the creation of wealth.

This report is very important not only to this research but also to the government of Tanzania as it has pointed out various contributions of copyright-based industries to the economic growth.

It emphasizes that, the absence of adequate IP protection and proper policy would lead to the existence of unauthorized illegal works. However the issue of protection of copyright in digital environment, particularly economic rights of literary works is not covered. Therefore the research intends to use this study to cover that area, as it entails adequate IP protection and policy building.

Mwakaje, S. (2012) [55]in his report states that Tanzania does not have the national Intellectual Property Policy. The IP policy statements can be traced from national policies on industrial development, science, and technology, commerce, health, arts, and culture.

As the result, intellectual property policy statements are sometimes overlapping, contradictory and confusing. An obvious challenges is to coordinate these expertise and institutional organizations and agencies in enforcement of IP policy.

This literature reveals that, Tanzania does not have IP policy and the palpable challenge is how to coordinate expertise and institutional organizations and agencies in enforcing IP policy.

However the author does not cover how IP policy will be useful in the protection of owners of literary works in a digital environment. The researcher intends to use this report since it highlights the importance of having IP policy in protecting intellectual property rights.

Magalla, A. (2013) [56] in his research paper provides that the only problem here is the legal framework (Legislation). If the government would set new, efficient and sufficient principles, laws and regulations on the matter relating to information technology, then there would be no irregularities within it, and then the whole aspect intellectual property would be protected and promoted by the development of information technology.

The Act still it does not curter or gives legal framework governing the matters of information technology in Tanzania especially in intellectual property. He also says that, it is the duty of the government of the United Republic of Tanzania to ensure that its laws cope with the development of science and technology, and fully participates in intellectual property-specific legislation

He further claims that Tanzania is one among the country which is highly affected by copyright infringement through the internet.

There is no doubt that the CANRA does not have clear and specific provisions for management and control of online piracy and other related illegal activities, even though is a member of the Berne Convention for the Protection of Literary and Artistic Works and also ratified several multilateral instruments include World Intellectual Property Organization Conventions, 1967 (effective for Tanzania as of 30 December 1983); and Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) (Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization), 1994 which have a bearing to the protection of intellectual property not to exclude computer programs or software.

He blames that the government has to know that, few Tanzanians are awakening now over the concept of intellectual property in the digital age and requires change for that. It is not enough to transform the society technology from analog to digital while the laws and the society are still in analog form.

He proposes that, at this moment Tanzania is in a good position to prevent or reduce any copyright infringements. We have good examples from various countries with such a piece of legislation.

Then what is the problem? Does that means the government encourages the infringements rather than preventing it? Are the efforts employed to prevent it sufficient enough? It is time for a change because the future is in our hands; CANRA must develop to meets the requirements of the development of science and technology, thing like online piracy through downloading and other electronic activities that may affect the literary and artistic works.

The author in his paper touch some issues which are most helpful to this research, he showed the weaknesses in the legal framework and insisted that the law must develop to cope with the development of science and technology which affect literary and artistic works, also he proposed that Tanzania has to take examples from other countries with legislation that respond to the development of science and technology.

However, the author did speak generally on the weakness of the law to protect intellectual property rights in the digital environment without specifically touch on the protection of economic rights of owners of literary works, which will be dealt with thoroughly in this research.

Ubena, J. (2015) [57] in his dissertation argues inter Alia that transformation from analog to a digital representation of data or information contributed to delivery of data and text in many different networks and it supported mass digitalization of copyrighted literary and artistic works.

Moreover, the internet and the emergency of the peer to peer (P2P) file sharing facilitated illegal copying, streaming, uploading, downloading, or generally sharing of copyrighted works. This raises a question of whether the traditional copyright law means for example banning or legal restriction of peer-to-peer file sharing is an effective way of regulating ICT innovation and uses.

He further contends that the legislature reacted by enacting the law that criminalizes or bans peer to peer file sharing applications/technology that facilitates unauthorized sharing of copyrighted content. In addition, the law legitimizes the application of the Technical Measures of protection[58]example Digital Rights Management (DRM).

He argued that, despite the copyright balance achieved by the traditional statutory copyright safeguards, the translation of analog content into digital and general generally digitalization of literary and artistic work appears to have disturbed that copyright balance.

The author in his dissertation reveals some substances which are very supportive to this research; he showed the impact of digitalization and computerization in literary works and artistic work and how the law responded to that situation. However, author did not discuss the need for the copyright law to be more clear and specific so as to control digital copyright infringement which will be covered in this study.

Generally the researcher agrees that, the authors of the reviewed literatures states about the problems brought by the digital environment on intellectual property, the insufficient enforcement of the existing law to control those problems.

The authors also tried to propose some various measures to be taken by the government to curb the infringement of copyright through the digital environment. After a very critical analysis of the literatures, the researcher has discovered that, the issue concerning the role of CANRA in protecting the economic rights of owners of literary works has not been covered; it appears that the above literature speaks about copyrighted works generally without particularly touching literary works which will be the gist of this study.

Research Design and Methodology

Research methodology is a way to systematically solve the research problem. In it, we study the various steps that are generally adopted by a researcher in studying his research problem along with the logic behind them.[59]

This research will consist of information collected from library research as well as a field study. The research will be conducted by using various methods and approaches as elaborated in this part.

This research will employ a Case Study Design, because it is a fairly exhaustive method, thus it enabled the researcher to focus his study deeply and thoroughly on different aspects of a research phenomenon.

This design will enable a researcher to board on different relevant methods of collecting data from specific area like COSOTA in order to collect relevant data in relation to the material condition of the problem itself.

The researcher will employ both primary and secondary methods in collecting data to enhance the in-depth analysis of the phenomena under the study so as to give more accurate results.

Library research will be done so as to get relevant information concerning the topic, in order to build up more understanding to the problem, to get the theoretical information relating to the problem, also to know what has been addressed by other researchers so that should not repeat the same thing.

It will involve the collection of secondary data from books, research papers, newspapers, reports, brochures, articles, dissertations, journals, statutes, and electronic sources. This will be conducted in libraries specifically AAA University and ‘Home’ Regional library because all documents that will be reviewed are easily accessible from these libraries.

This study will involve the collection of primary data relating to the problem. Field research will allow the direct interaction between a researcher and respondents, thus it will enable the researcher to collect information which is current and most relevant to the problem under the investigation, so as to prove or disapprove the existence of the problem regarding the hypotheses formulated.

This study will be conducted in two geographical areas namely; ‘Home’ and ‘Away’. Because, in Home the researcher will be able to get the respondents including magistrates, advocates, police officers and state attorneys who have knowledge on the problem at hand. This will enable the researcher to get relevant and useful information concerning the problem.

In ‘Away’ the researcher was able to get respondents who are not available at ‘Home’ especially owners of literary works who are the victims of the digital copyright violations and COSOTA which is the institution deals with implementation of the copyright rights law in Tanzania.

For the purpose of this study, the researcher will collect data from; owners of literary works, because they are victims of infringement via the online environment, COSOTA because it established to implement the copyright rights law in Tanzania, the researcher specifically preferred Chief Executive Officer and Copyright Administrator, Head of Information and Communication Technology and head of legal unity in order to grasp the implementation of the copyright law in the digital environment, also researcher preferred magistrates, advocates, state attorneys  and law enforcers including police officers in order to grasp how CANRA has been interpreted and enforced when it’s come to the matters of digital infringement.

The study will target thirty-five (35) respondents to give opportunity and ensure good coverage of information. The sample was selected based on the population size, time, and financial factors. That is, Three (3) officers of COSOTA including Chief Executive Officer and Copyright Administrator, Head of Information and Communication Technology and Head of Legal Unity, seven (7) owners of literary works, six (6) magistrates, eleven (11) advocates, five (5) state attorneys and three (3) police officers.

The researcher will use the purposive sampling technique. This technique will enable a researcher to focus on a particular sample based on special knowledge of the research problem, which will be best to enable the researcher to prove or disapprove research hypotheses. This will be done by rejecting people who would be most likely not to contribute appropriate data, both in terms of relevance and depth.

Methods of Data Collection

Regarding to the nature of the problem, data will be collected through two methods, namely interview and questionnaire. The researcher preferred these methods because they are fair exhaustive means to acquire first-hand information concerning the problem so as to enhance profound investigation of the phenomena under the study. However, interviews will be the dominant method in terms of data collection.

An interview is basically an interaction, where questions are posed or a discussion takes place between two or more people with a specific purpose in mind.[60] This method is ultimate for providing first-hand information to the researcher. The interview was focused on; owners of literary works, magistrates, law enforcers including police officers, advocates and state attorneys who were available and willing to help the researcher to get direct and easily accessed information instantly. This method will involve direct contact with the respondents. The interview will be unstructured so as to allow flexibility of respondents and convenience of the researcher in accessing data.

The researcher will also use a questionnaire in collecting primary data because the tool is good where new facts are to be found, but also it gives respondents’ liberty to use their own knowledge and reasoning.

The questionnaire will be suitable for respondents who are literate, for providing in-depth information on the matter. This method will focus on the respondents who are officers but they are unable to provide information instantly because their very busy or when it might be difficult for researchers to face them due to the nature of their offices especially officers from COSOTA. The researcher will use an open mixed questionnaire where the question set was neither closed nor open.

In this study, data will be presented in a descriptive way, because, this study mainly contains qualitative data, that is, data that deals with descriptions of information. Data will be analyzed by sampling and comparison.

Analysis shows how many people in terms of percentage approve or disapprove of the existence of a problem in the light of formulated hypotheses. To clarify the respondents’ answers the analysis demonstrates the most useful statements made by respondents in response to the hypotheses. Also, the researcher notes down the number of people who have the same views and those with differing ones.

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[1] [CAP 218 R.E 2002]

[2] Garner, B.A (Ed) (2004) Black’s Law Dictionary  8th ed. West: West Publishing Co. p. 1637

[3]According to Section 5 (2) (a-b) of  CANRA literary works shall include books, pamphlets and other writings, including computer programs, lectures, addresses, sermons and other works of the same nature

[4] [1916] 2 Ch 601

[5] [1982] RPC 69

[6]John S. B. and Paul D. (2000) The Social Life of Information,  Boston: Harvard Business School press, at p.13

[7] Section 9 (1) (a)-(j) of CANRA

[8] Section 16 (1)

[9] John, U. (2015) How To Regulate Information And Communications Technology? A Jurisprudential Inquiry Into Legislative And Regulatory Techniques, Stockholm: Jure p.187

[10] CANRA section 9 (1)

[11] Ibid section 42

[12] Ibid section 36.-(l) (a)

[13] [Cap. 2 R.E 2002]

[14] Article 24 (1) and (2)

[15] David I. Bainbridge (2009). Intellectual Property, 7th  Edition, Pearson Longman, Ashford Colour Press Ltd, Gosport, Pp.5 and 31

[16](1989) 10 U.S.P.Q.2d 1177

[17] Cap 218 of 1st August, 1924

[18] Julien H. (2009). Introducing Copyright: A Plain Language Guide to Copyright in the 21st Century, Vancouver: Commonwealth of Learning, p.5.

[19] Came into operation on 1st October 1967

[20] Section 4 (2) (i)-(iv) (3).

[21]  Under Section 5(1) it provides for the exclusive right to authors of original literary and artistic works

[22] Ibid Section 2

[23]Ibid  section 42

[24] Ibid section 24

[25]Ibid  Section 5

[26] Part IV

[27] First Schedule para 1

[28] Part. VI  section 44and 45

[29] Section 44

[30]The Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 as last revised at Paris on 24 July 1971 and amended in 1979. Available at www.wipo.org .  Retrieved on 6th September 2014.

[31]Agreement on Trade-Related Aspects of Intellectual Property Rights, April 15 1994.

[32] Under Sections 4 and 5 (2) (a) CANRA

[33] GN No. 328  of  October 2003

[34] GN No. 6 of  January 2006

[35] 2006 G.N No.18 of February  2006

[36]George C. and Marybeth P. (2006).The Challenge of Copyright in Digital Age: U. S. Department of State Bureau of International Information Programs Focus on Intellectual Properties Rights, P. 50

[37] Vakul S. (2011). Information Technology-Law and Practice, 3rd ed. New Delhi: Universal Law  Publishing Co.Pvt. Ltd., P.466.

[38] Berne Convention for the Protection Of Literary And Artistic Works, 1886

[39] Directive 2000/31/EC

[40]Directive 2004/48/EC

[41]Directive 2001/29/EC

[42]Under section 17 (2) and (6)

[43] Section 44 (1) c and  (2)

[44] Section 5(1) of CANRA

[45] [1916] 2 Ch 601

[46] The Great Internet Panic: How Digitization is Deforming Copyright Law, Journal of Technology Law and Policy, Vol. 12, retrieved from http://jtlp.org/vol2/fujita.html on 19th June 2015

[47]“Digital is not different” – copyright in the digital environment, retrieved from here  on 5th July 2014

[48]Building Intellectual Property Institution In Tanzania: Paper presented at The Intellectual Property High-Level Meeting Kilimanjaro – Kempinski

[49] Legal Aspects of Managing Technology,4th  ed. Thomson/West Eagan, MN: the United States of America at p 27

[50] Case Study Report on Institutional Capacity in Intellectual Property Policy, Administration and Enforcement; Economic and Social Research Foundation: Dar es Salaam

[51] A Source Book for Information and Communication Technologies and Cyber Law in Tanzania and East Africa Community, Mkuki na Nyota Publishers: Dar es salaam at p.198

[52]Digital Opportunity; A Review of Intellectual Property and Growth, retrieved from here  on 28th May  2014

[53]Intellectual property rights in today’s digital economy, Discussion paper, retrieved from here  on May 28th, 2014

[54] The Economic contribution of Copyright Based Industries in Tanzania,  Report for World Intellectual Property Organization (WIPO) retrieved from http://193.5.93.81/edocs/pubdocs/en/copyright/1041/wipo_pub_1041.pdf   on 01 March 2015

[55]“National Study on Intellectual Property and Small and Medium-Sized Enterprises in Tanzania  The work has been commissioned by the World Intellectual Property Organization (WIPO) under the WIPO Development Agenda Project

[56]  The Impacts of ICT Evolution on Copyrights Protection in Tanzania, Research report; Tumaini University: Iringa  retrieved from here on 2nd July 2014

[57] How To Regulate Information And Communications Technology? A Jurisprudential Inquiry Into Legislative And Regulatory Techniques, Stockholm: Jure

[58] Section 44 of CANRA

[59]Kothari, C.R, (2004) Research Methodology: Methods and Techniques, 2nd Revised ed. New Age, p.9

[60] Majamba H. I. (2009) Fundamental of Legal Research: A Law Student’s Companion, Draft for Students at Law School

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What Will Adult-Use Marijuana Legalization Mean for Ohio?

Introduction.

On November 7, 2023, Ohio became the 24th state to legalize adult-use cannabis with 57% of voters voting in favor of Issue 2, also known as An Act to Control and Regulate Adult Use Cannabis. This site aims to address questions that many people may be asking, such as when will recreational dispensaries open their doors or how much product will an individual be allowed to purchase, as well as more complex questions, such as what is the expected tax revenue going to be and how might marijuana legalization affect public health and public safety.

The question-and-answer section of this resource is divided into the following subsections: adult-use recreational users, medical marijuana patients, cannabis industry, general questions, public safety impact and public health impact. Each subsection aims to help Ohioans better understand what cannabis legalization could mean for their communities.

It is important to note that the information below reflects the language of the initiated statute passed by Ohio voters. The Ohio General Assembly can make significant changes to any aspect of the statute at any time. 

Within days of the passage of Issue 2, various members of the Ohio General Assembly have proposed making legislative changes to a number of the provisions of the new law. Proposed reforms have been introduced in the General Assembly and legislative hearings continue to be conducted on some of the bills,  including  House Bill 86 ,  House Bill 168 ,  House Bill 341 , and  House Bill 354 .  The table below compares the four proposed legislations to each other, as well as to the currently enacted Ohio Revised Code Chapter 3780 created by Issue 2.

DEPC will continue to monitor legislative proposals, updating this page to reflect any changes that are passed by the Ohio General Assembly (OGA).

Key Takeaways from the Passage of Issue 2

When will ohioans be able to purchase recreational marijuana from licensed dispensaries.

Adult-use dispensaries are likely to begin operating sometime in the summer or early fall of 2024. The Division of Cannabis Control in the Department of Commerce will begin accepting applications for adult-use businesses and testing licenses within six months (early June) of Issue 2’s effective date. Licenses are then required to be allocated within nine months (early September) following Issue 2’s enactment, although the Department of Commerce could act in a speedier fashion.

Until the first recreational dispensary opens in the state of Ohio, Ohioans that do not have an Ohio medical marijuana card will not be able to lawfully purchase marijuana in the state of Ohio.

Key takeaways (if there are no changes by the Ohio General Assembly):

Please note: The Ohio General Assembly can make significant changes to any aspect of the statute at any time. The materials in this section were last updated November 8, 2023.

Additional resources

In addition to content below, DEPC  has produced both research and events that focus on marijuana reforms in Ohio and nationally. The center has produced reports on the estimated tax revenue of adult-use marijuana legalization in Ohio, the existing Ohio Medical Marijuana Control Program, lessons to draw from states that have transitioned from medical to recreational marijuana reforms, h ow to effectively incorporate social equity into cannabis laws and regulations, and more.

The Ohio Initiated Statute Process for An Act to Control and Regulate Adult Use Cannabis

The Coalition to Regulate Marijuana Like Alcohol launched its initiative for adult-use marijuana in summer 2021. Following initial endorsement by the Ohio Attorney General and the Secretary of State's ballot board, the Coalition fell short of the required 132,887 signatures in December 2021. However, by late January 2022, the Secretary approved the additional signatures, and the measure was passed to the Ohio General Assembly, which did not act. A legal tussle over the initial signatures occurring in spring 2022 eventually led to a settlement, allowing the Coalition a streamlined process for the 2023 election. After giving the General Assembly a second chance to act in early 2023, the group embarked on collecting the second round of signatures in early May. Though they initially missed the mark by 679 signatures, an additional 6,545 were approved on August 16, ensuring the measure's spot on the November 2023 ballot.

In an effort to better clarify the process through which an initiated statute can become law in Ohio, DEPC has produced both a visual and an accessible text outline.

Adult Recreational Consumers

Can i grow my own marijuana.

NO – patients and caregivers are not allowed to cultivate their own marijuana.

YES – as of December 7, 2023, adult users are  allowed to grow six plants per individual, with a limit of 12 plants total per residence where two or more adult-use consumers reside at one time.

The vast majority of states (17 of 23) that have legalized adult use allow their residents to grow a limited number of plants for personal use, ranging between two (Montana) and 12 plants (Michigan). In our previous research, we heard from regulators who stressed that effectively managing home grow is necessary for public safety and for limiting the possibility of diversion to the illicit market. Regulators suggested two strategies to limit the potential negative effects of home grow provisions: giving law enforcement agencies clear and enforceable directions and keeping the allowed number of plants relatively low while also incorporating residency limits (limiting the number of plants that can be grown in a residence regardless of how many adults reside there).

• Enables patients to grow their own supply to avoid the uninsurable cost of marijuana
• Consumers can grow specific strains that might otherwise be hard to find in dispensaries
• Potentially creates downward pressure on pricing in the market
• Home cultivation makes enforcement to prevent illegal grows in residential settings more difficult and creates uncertainty among law enforcement as well as the public
• Plants cultivated at home are not tested for harmful pollutants
• Access to marijuana by underage persons may be harder to prevent

For more information, see From Medical to Recreational Marijuana: Lessons for States in Transition .

How much marijuana can I possess?

Possession limits across legalized states vary, but they are generally between 1 - 2.5 oz of cannabis flower in public, with some states having higher limits for concentrates or cannabis infused solid products. The state with the highest permitted possession limit is New Jersey, which permits possession of 6 oz.

The amount of medical marijuana possessed by a registered patient shall not exceed a ninety-day supply:

• Tier I of med. marijuana – 8 oz (226.8g)
• Tier II of med. marijuana – 5.3 oz (150.3g)
• 26.55 grams of Tetrahydrocannabinol (THC) content in lotions, patches, creams, ointments
• 9.9 g of THC content in oil, tinctures, capsules or edible form
• 53.1 g of THC content in oil for vaporization
• Terminally ill patients have higher limits

2.5 ounces in any form except extract, 15 grams of adult use extract. May purchase 2.5 ounces from dispensary per day.

Are there restrictions on how I can consume marijuana?

The smoking or combustion of medical marijuana is prohibited. Any form or method that is considered attractive to children is prohibited. With respect to tetrahydrocannabinol content: plant material cannot have more than 35% of THC content, and extracts are limited to 70% THC content.

No limitation on how cannabis can be consumed. The Division of Cannabis Control will set rules regarding allowable THC content. T he language from the initiative provides additional detail:

• Section 3780.03. Establishment and authority of division of cannabis control; adoption of rules. (C) The division of cannabis control shall adopt, and as advisable and necessary shall amend or repeal, rules on the following: (21) Establishing a tetrahydrocannabinol content limit for adult use cannabis, which for plant material the content limit shall be no less than thirty-five per cent and for extracts the content limit shall be no less than ninety per cent, but that such content limits may be increased or eliminated by the division of cannabis control

Are there employment and other protections for marijuana users?

Employment protection for marijuana use is a complex issue, shaped partially by the continued federal prohibition on marijuana as well as the challenge of detecting how and when past marijuana use may impair job performance. In our annual survey of medical marijuana patients, the fear of losing one’s employment has consistently ranked high as a reason why people abstain from using marijuana. Ohio's employment rules are not unique; the majority of states that have legalized marijuana do not provide employment protections. Three states, Nevada, New York and New Jersey, have enacted laws preventing employers from taking action solely based on the presence of cannabinoid metabolites in the employee’s system or refusing to hire based on individual’s use of marijuana outside of the workplace. However, in all three states employers can continue with drug free workplace policies.

NO – employers are allowed to continue workplace drug policies prohibiting consumption.

However, Act creates additional protections for:

• Concealed Carry Licenses
• Adjudicatory hearings to determine shelter care placement
• Parental Rights and Responsibilities
• Parenting Time Orders
• Eligibility for any public benefit program administered by the state or locality
• Right to medical care and/or inclusion on a transplant waiting list
• Users cannot be rejected as a tenant but owner can prohibit smoking on premises.
• Officers must have an independent, factual basis giving reasonable suspicion that an individual is operating a vehicle under the influence or a test from the person's blood, blood serum, plasma, breath, or urine.

Medical Marijuana Patients

Under the current language of the ballot initiative, existing medical marijuana licensees would get preferential treatment in regard to adult use licenses. However, the question of whether there will be separate dispensaries for adult-use and medical use is not addressed, and neither is the question of whether separate cultivator locations will be required.

Under the current Ohio Medical Marijuana Control Program (OMMCP) patients are only required to pay existing state and local sales taxes usually ranging between 5.25% and 7.50%. Under the ballot initiative, an additional 10% tax would be levied on purchases of recreational marijuana. The initiative is silent in respect to medical patients, which presumably means that medical marijuana purchases would not be subjected to the additional excise tax. Most states that have legalized adult use marijuana recognize the different nature of use between medical and recreational user and do not impose any additional taxes on patients beyond the standard state sales tax.

Under OMMCP rules, plant material cannot exceed a THC content of more than 35% and extracts cannot exceed THC content of 70%. The initiative proposal would give regulators the power to regulate concentration levels but its text explicitly states that concentration limits cannot be set below 35% of THC content for plant material and 90%, which are the same or higher than the existing OMMCP rules. State regulators will have to make a decision as to whether they want to increase potency limits for medical marijuana patients (assuming that the Ohio General Assembly will not act to change the limits).

How many licenses will be issued and how long will it take?

• Cultivation - Level I Cultivator (25K sqf) & Level II Cultivator (3K sqf) - 37 licenses awarded, 23 Level I and 14 Level II. Initial cap was 12 licenses for each tier. As of August 17, 2023, 13 cultivators received permission to expand. This includes four Level I cultivators who can expand to up to 50,000 sq/ft, and nine Level II cultivators who can expand to up to 6,000 sq/ft.
• Processor – 44 operational processors, plus two with provisional license; initial cap set at 40.
• Testing Laboratory - No limit place on testing laboratory licenses.
• Dispensary – 92 operational dispensaries, plus 41 provisional licenses issued.

There are no official caps on the number of licenses, however, the Division of Cannabis Control will be able to decide whether to issue additional licenses based on the balance of supply and demand in the market. Licenses to current medical marijuana licensees should start being issued within 9 months of enactment.

States have varying regulations for different types of licenses with some limiting how many licenses one entity or one individual can hold at one time to mitigate fears of market domination by large actors. Of the previous 23 states that have legalized adult-use marijuana, ten have enacted license limits based on an established cap or contingent on county population. Arizona limits licenses relative to the total number of pharmacies operating in the state.

• Ability to charge higher licensing fees to support effective regulatory structure
• Because only well-capitalized businesses can enter market due to high fees, it may create a more stable market
• Ability to regulate supply of product and react to changing conditions in the market to prevent oversaturation
• Allows for preferential treatment of certain classes of applicants
• Limits how many entities can enter the industry
• Gives advantage to well capitalized individuals/business, limiting diversity in the industry
• By restricting supply, creates potential for higher prices to consumers
• Necessitates creation of government selection process which can create controversy

How much will licenses cost?

The licensing fees assessed by states for adult-use businesses vary widely from state to state and license to license. In some states, such as Alaska, fees can be as low as $1,000 while other states, such as New York, can assign fees as high as $200,000. There are many considerations that go into determining license fees – states want to ensure that their regulatory structures can be wholly funded by the proceeds from the marijuana industry while at the same time they also need to consider the barrier high fees can create for small and minority-owned businesses. Transparency about the costs of administering a marijuana program and how fees are spent can be helpful in ensuring that fees are not set too low or too high.

• Cultivator Level 1: $20,000 Application fee, $180,000 Licensure fee, and $200,000 Renewal Fee.
• Cultivator Level 2: $2,000 Application Fee, $18,000 Licensure Fee, $20,000 Renewal Fee.
• Processor: $10,000 Application Fee, $90,000 Licensure Fee, $100,000 Renewal Fee.
• Dispensary: $5,000 Application Fee, $70,000 Licensure Fee, $70,000 Renewal Fee.

The licensing and application fees have not been established. The responsibility to set fees upon implementation was given to the Division of Cannabis Control.

Will existing medical marijuana operators get a preference?

• Each medical dispensary will be issued one adult-use dispensary license
• Level I Cultivator shall be issued three adult use dispensary licenses and one Level I Adult use cultivator license
• Level II Cultivator shall be issued one adult use dispensary and one level II adult use cultivator license
• Each dispensary shall be issued one adult use dispensary license at different location if dispensary does not have common ownership or control of any Level I, II, or processor license
• Processor shall be issued one adult use processor license
• Testing lab shall be issued one adult use laboratory license

Most states that have undergone a transition from medical to recreational marijuana market have treated existing medical marijuana licensees as having a preferred status compared to the general population, whether by being able to submit applications ahead of others, having a fast-tracked approval process or being automatically eligible for licenses within the recreational sphere. As with any other policy choice, this carries with it both benefits, such as shorter implementation time, and drawbacks such as limiting the ability of new entrepreneurs and entrepreneurs from communities most affected by prohibition to get involved or be prioritized.

• Shorter implementation timeline due to already established growers and retailers
• Smoother start of adult-use regime due to greater levels of familiarity with marijuana regulations and established record of compliance
• Increases perceived legitimacy of the new industry as existing medical participants have already undergone public scrutiny
• Limits the ability of new entrepreneurs to get involved in the industry, possibly limiting involvement of underrepresented communities
• Possibility of greater concentration of the industry in fewer hands, limiting competitiveness of the market

Will there be any preference for in-state businesses?

The 2016 Ohio medical marijuana law required 15% of all licenses for growing, processing, and selling marijuana be awarded to minority-owned businesses. This part of the law was subsequently struck down in 2018 (for cultivators and processors) and in 2019 (for dispensaries). There are currently no provisions for preferential treatment for minority owned businesses.

Division of Cannabis Control shall issue up to 40 Level III adult use cultivator licenses with preference provided to applicants who have been certified as cannabis social equity and jobs program participants. Division of Cannabis Control shall issue up to 50 additional adult use dispensary licenses who have been certified as cannabis social equity and jobs program participants. The initiative does not appear to have any provisions giving preferential treatment based on residence alone.

Requirements for licenses have changed through the years with multiple states removing in-state residency requirements for their adult-use licenses. States were initially concerned with large corporations entering the market and leaving less economic opportunity for state residents. Currently, six states have provisions requiring resident status to qualify for a specific marijuana license. A majority of states have enacted license provisions granting social equity applicants preference for certain license types. Three states, New York, New Mexico and Connecticut, have implemented social equity programs that require 50% of all licenses must be allocated to a social equity registered applicant.

• Can limit the ability of out-of-state investors to enter the market
• Protects existing small businesses from capture by large players
• Provides opportunity for state residents
• Eliminates a potential red flag that could trigger federal enforcement action
• Limits the amount of capital available to the industry
• Can delay the growth of the industry in localities that lack sufficient capital
• Could expose states to legal challenges from out-of-state business owners

General Questions

How much will the state tax marijuana.

The taxation levels under the legalization initiative falls in the mainstream when compared to other states. Most states impose an excise tax on cannabis of 10-15% in addition to their regular sales tax. Based on available information, New Jersey appears to have the lowest tax burden of 6.625% plus a variable local tax of up to 2%; the state of Washington, on the other hand, levies a 37% excise tax, plus 6.5% state sale tax and additional local state tax.

No special tax levied on medical marijuana purchases. Patients are subjected to regular state (5.25%) and local sales tax (0.25 – 2.25%).

10% Excise tax, plus  regular state and local sales tax, totaling between 15.25% - 17.5% tax levy.

How much tax revenue would Ohio collect from adult-use marijuana?

Advocates for cannabis reform in Ohio and in other states often stress the tax revenue that can be raised through legalization. While predicting future tax revenue is always subject to unforeseen circumstances, our center estimates that by year five of operation, Ohio could see between $276 million to $403 million in annual tax revenues if the tax structure is not altered by the General Assembly . These numbers are small compared to the overall size of the state budget, which for fiscal year 2023 stands at $81.1 billion. In other words, similar to other legalized states, even if tax revenues exceeded our estimates, it is unlikely that they would reach beyond 1% of the overall state budget. 

For more information, see What Tax Revenues Should Ohioans Expect If Ohio Legalizes Adult-Use Cannabis? .

How will money be spent?

Every state with legalized adult-use marijuana has established a plan to allocate marijuana revenue generated through the tax and fee collection. The plans vary widely, with some states focusing on funding education and law enforcement, while others distribute resources to localities, substance abuse programs, social equity programs, research, veteran services and others.

Sales tax from marijuana products goes to the state general fund. There are no designated expenditure areas.

Adult Use Tax fund - all funds initially deposited in this fund and distributed quarterly as follows: 36% for the Cannabis Social Equity and Jobs fund, 36% for the Host Community Cannabis Fund, 25% for the Substance Abuse and Addiction Fund and 3% for the Division of Cannabis Control and Tax Commissioner Fund.

What social equity provisions are incorporated?

Over the last decade, social equity has slowly become a major concern. States whose initial regulations did not include social equity provisions have amended the original legislation to include provisions assisting communities and individuals disproportionately impacted by marijuana enforcement. Almost every state, besides Alaska and Maine, have implemented some form of expungement or record sealing for past marijuana offenders, with 16 states providing for some form automatic record relief for a marijuana-related offense. Additionally, some states have set aside licenses for social equity applicants and established funds to help communities negatively impacted. 18 states have established funds to assist these communities either through reduced licensing fees, loan programs, business assistance, or programs to aid youth development and violence prevention.

Though providing earmarked funds and a list of activities for the cannabis social equity and jobs program, the initiative does not create a clear set of instructions for the use of funds nor specific details on how various activities will be pursued.

No social equity provisions incorporated beyond the 15% set aside for minority-owned businesses that was subsequently struck down in court.

The initiative includes establishment of the cannabis social equity and jobs program in the interest of remedying the harms resulting from the disproportionate enforcement of marijuana-related laws and to provide financial assistance and license application support to individuals most directly and adversely impacted by the enforcement of marijuana-related laws who are interested in starting or working in cannabis business entities. Additionally, Division of Cannabis Control shall issue up to 40 Level III adult use cultivator licenses and 50 additional adult use dispensary licenses with preference provided to applicants who have been certified as cannabis social equity and jobs program participants.

Will my locality be able to prohibit marijuana businesses?

Almost every state has adopted laws enabling localities to completely prohibit or significantly limit adult-use marijuana establishments from operating within their jurisdiction. Localities can prohibit establishments through ordinances or opt-out through voter referendum. Unlike the rest of adult-use states, New Mexico is the only state where the legislation included provisions preventing local jurisdictions from completely prohibiting adult-use licenses from operating.

YES - The legislative authority of a municipal corporation may adopt an ordinance, or a board of township trustees may adopt a resolution, to prohibit, or limit the number of, cultivators, processors, or retail dispensaries licensed under this chapter within the municipal corporation or within the unincorporated territory of the township, respectively.

YES - Localities may adopt ordinances to prohibit adult-use dispensaries but may not prohibit or limit existing operational medical marijuana cultivators, processors, or dispensaries; or an adult use cultivator or an adult use processor, or an adult use dispensary who is co-located with adult use cultivator and an adult use processor, who have, or whose owner have, a medical marijuana certificate of operation at the same location as of the effective date of the act. A municipal corporation or township may vote to prohibit the operation of an adult use dispensary within 120 days of the dispensary license being issued.

Public Safety and Public Health

Marijuana reform, especially legalization for recreational purposes, raises important questions about how such policy change might impact public safety and public health. Because marijuana legalization is a new development and takes various forms in different locales, rigorous research into questions related to effects on crime, impaired driving, youth use of marijuana and other impacts on health and safety has only just begun. To date, research results do not yet paint a clear picture on most of these important questions. The small sample of studies presented in the sections below were selected to demonstrate that, while researchers are starting to explore these questions, data limitations and the relative recency of these changes means that continuing and sustained research is needed to help policymakers design regulations and policies to minimize potential harms and maximize potential benefits.

Will we see an increase in traffic accidents?

To date, researchers have found mixed results when looking at the question of whether marijuana legalization results in higher number of traffic accidents or higher rates of impaired driving.

To assess the effect of legalization on traffic fatalities in Colorado and Washington, a 2020 study by Hansen, Miller, and Weber used a synthetic control approach with data on fatal traffic accidents between 2000 and 2016. The authors found little evidence to support the idea that recreational legalization dramatically increased traffic fatalities. Specifically, synthetic control groups had similar changes in marijuana- and alcohol-related traffic fatality rates, as well as a similar change in overall traffic fatalities, despite not having legal marijuana.

On the other hand, a 2023 study by Adhikari, Maas and Trujillo-Barrera  found that legalization of recreational marijuana resulted in an increase of 1.2 traffic death per a billion of miles traveled, which translates roughly into 1000 excess fatalities on annual basis for all states that have legalized recreational marijuana.

Most studies that have looked at the question of road safety note important data limitations as well as lack of clear understanding of marijuana impairment. For example, Windle and co-authors  found that marijuana legalization and decriminalization were correlated with an increase in positive cannabis tests among drivers. However, they determined that many of these studies were at risk of bias due to potential confounders and measurement error. The authors also emphasized that while more drivers may have tested positive for cannabis, this does not necessarily mean they were driving impaired as tetrahydrocannabinol (THC) can be detected for long periods of time after consumption.

For more information, see Effects of Drug Policy Liberalization on Public Safety: A Review of the Literature .

Will we see an increase in crime rates?

Whether marijuana legalization is linked to an increase or decrease in crime is of great interest to policymakers and researchers. Unfortunately, this question is also very difficult to study due to data limitations that exist in our criminal justice system, the relative recency of legalization and the number of confounding factors present. Nevertheless, several studies have tried to ascertain the relationship between marijuana legalization and crime.

A 2019 study focusing on Colorado found that the opening of medical and recreational dispensaries decreased violent crime in nearby neighborhoods with incomes above the median although it had virtually no impact on aggregate rates of violent and property crimes overall. The authors also found a decrease in non-cannabis drug- and alcohol-related crimes near dispensaries. While they found that vehicle break-ins were elevated within a mile of dispensaries, they concluded that marijuana legalization had a net benefit with regard to crime rates. An additional study  focusing on recreational legalization in Washington and Oregon found that legalization likely caused a drop in crime. Specifically, the authors found that legalization resulted in a significant reduction in rape and property crime on the Washington side of the border compared to both the Oregon side and the pre-legalization years. Furthermore, while marijuana consumption increased, use of other drugs and alcohol decreased.

At the same time, some studies found increases in crime rates after cannabis legalization. For example, using UCR data from 2007 to 2017 to examine the effect of marijuana legalization on crime rates in Oregon, one study  found increases in crime rates for several types of offenses, including property and violent crime. In another study pertaining to crime in Oregon, Wu and Willits  found that the rate of simple assault had increased following legalization. However, they noted that their post-legalization time frame was fairly short and should be reassessed by future research.

Other research found no significant changes in crime following marijuana legalization. For example, using UCR data, Lu et al.  conducted a quasi-experimental study to examine crime rates in Colorado and Washington. They found no statistically significant effects of marijuana legalization on violent or property crime. Similarly, a review study  looking at data from several legalized states indicated that violent crime neither increased nor dropped dramatically following cannabis legalization.

Overall, the literature exploring the relationship between liberalization of marijuana policies and crime seems to suggest that legalizing marijuana is not a threat to public safety.

Will we see an impact on arrest rates?

Unlike other public safety questions around marijuana legalization, whether there is an impact on arrest rates is fairly straightforward. Numerous studies indicate significant drops in the number of arrests following the legalization as well as decriminalization of adult-use marijuana. Firth and co-authors used National Incident Based Reporting System (NIBRS) data on marijuana-related arrests and found that marijuana arrest rates among people over 21 fell dramatically after legalization of marijuana possession in Washington State, and that rates stayed at similar levels following the opening of the retail market. However, while marijuana-related arrest rates for both White and Black adults decreased, relative disparities increased. African Americans previously had an arrest rate 2.5 times higher than the White arrest rate, but this increased to 5 times higher after the opening of the retail market. Similarly, recent research on Colorado and Washington has also found that while cannabis-related arrest rates generally declined after legalization, racial disparities persisted. Thus, while legalization lessens the absolute number of people who come into contact with the criminal justice system overall, more needs to be done to specifically address racial disparities.

Will we see an increase in youth consumption of marijuana?

As with questions about public safety, the research findings on many questions related to public health are mixed. In respect to rate of use, some research indicates an increase in marijuana use overall, while other research shows decreased rates of use among teens. According to a 2021 study  that reviewed existing research on the topics, use in states where marijuana is legal tends to be higher than the average rate of use in the United States, however, this difference mainly pre ‐ ​dates legalization.

In a 2019 report  from the Journal of the American Medical Association, the enactment of adult-use legalization laws showed no significant association with marijuana use or marijuana use frequency among high school students. Similarly, medical cannabis laws did not impact youth usage rates. A 2020 study  that looked at teen use in California and Washington found that both states recorded a drop in teen use post-legalization, which was consistent with data from non-legalized states suggesting an overall national drop in teen use of marijuana. This was later supported by a 2023 survey by the Centers for Disease Control and Prevention, which highlighted that past 30-day cannabis use among U.S. high school students in 2021 was the lowest since 1991, with male teens experiencing a significant decrease from 26% in 2011 to 14% in 2021, and female students use remaining relatively stable with 18% using in 2011 and 16% reporting use in 2021.

As with previous questions, continued rigorous research focused on rates of use among adults and adolescents is needed to ensure that policymakers and regulators have the necessary information to effectively regulate legal cannabis markets. Special attention should be paid to harmful levels of use.

Will we see an increase in emergency room visits?

A number of studies have noted an increase in the number of cannabis-related emergency room visits over the last two decades. For instance, a CDC study from 2023  noted an increase in cannabis-involved emergency room visits for people under the age of 25 during the COVID pandemic, while also noting a statistically significant increase prior to pandemic. However, this study was not specifically focused on states with legalized recreational marijuana or on tracking the impact of such legalization on emergency room visits.

A recent study  looked at cannabis positivity rates in 17 emergency departments across the US with different stages of marijuana legalization. According to the authors, most states experienced a significant increase in cannabis positivity rates as legalization progressed, however, the positivity rates differed. In most states with no cannabis legalization, there was still a significant, albeit smaller, increase in cannabis positivity rates in emergency room visits. Additionally, a study  conducted at two Boston medical centers from 2012 to 2019 showed an increase in both positive THC IA results and cannabis-related ICD-10 codes in the ED, particularly among females, patients aged 30-39, older adults (>59 years), and the highest income bracket. Similarly, a 2018 study  from Colorado noted an increase in emergency room visits for patients between 13 and 21 years of age from 2005 to 2015.

In summary, there has been an observed increase in emergency room visits related to marijuana use in states that have legalized marijuana. It is important to keep in mind though that even states that have not legalized marijuana have seen an increase in emergency room visit, and studies that were conducted in legalized states had some significant limitations. While these limitations are worth noting, there also appears to be a consensus among scholars that regulators should pay specific attention to mandating child-proof containers for cannabis product and prohibiting marketing of products whose packaging mimics popular child-friendly snacks and candy.

Impact on the Workplace

The connection between marijuana legalization and the labor market is of great interest to employers and policymakers alike, prompting questions about changes to the prevalence of workplace incidents, changes in productivity and labor participation, and impact on worker compensation costs. But as with many other questions surrounding marijuana reform, the research to date provides mixed evidence, with very little research being available on the impact of recreational adult use legalization specifically.

In respect to workplace injuries, majority of research to date focuses on whether there is a link between use of marijuana and workplace accidents, rather than on the link between marijuana legalization and injuries. In a 1990 study , prior to any state legalizing an adult-use or medical program, researchers found that individuals that tested positive for marijuana through a urine analysis had 55% more industrial accidents, 85% more injuries, and a 78% increase in absenteeism. A 2023 study found that individuals that consumed marijuana on the job, were nearly twice as likely to experience some form of workplace injury, although there was no negative effect for consumption of marijuana outside of the workplace. In respect to medical marijuana legalization, some research actually showed a positive impact, with a 2018 study finding that legalization of medical marijuana was associated with a 19.5% reduction in expected workplace fatalities for individuals 25-44.

In regard to labor supply, a 2019 study found a positive relationship between medical marijuana laws and labor supply among older adults. For adults 51 years and older, the study showed an increase in probability of full-time employment as well as hours worked. Another study from 2018 found no changes in the labor market following medical marijuana legalization, with employment status, hours worked and wages remaining unaffected.

When it comes to research focused on recreational marijuana legalization, the results are also mixed. While a 2017 study by Maclean et al. found an increase in disability claim applications and longer disability periods after recreational marijuana legalization, another study from 2021 by Abouk et al. showed reductions in workers’ compensation claims and benefits.

Proposal to list pyramid pigtoe mussel withdrawn

In the wake of new genetic research indicating the pyramid pigtoe freshwater mussel is not a distinct species, rather is the same animal as the more common round pigtoe, the U.S. Fish and Wildlife Service withdraws its proposal to list the pyramid pigtoe as a threatened species under the Endangered Species Act (ESA). The pyramid pigtoe was proposed for listing in September 2021 .

“Science drives the decisions at the Service,” said Mike Oetker, the Service’s Regional Director. “We are thankful for the contributions of those conducting the research around this species. Their work enables the Service to make informed decisions.”

A paper on the research determining the pyramid pigtoe is not a distinct species was published in Oxford University Press’s Journal of Heredity this past January.

The pyramid pigtoe and far more common round pigtoe were previously considered separate species within the mussel genus Pleurobema. Mussels within this genus have long been notoriously hard to differentiate based on physical features, owing to the wide amount of variation in individual appearance and very similar shell characteristics. Additionally, they also have large, overlapping ranges in the Mississippi River basin. Whether the pyramid pigtoe is a distinct species has been a matter of debate for several years, based on shell shape and mitochondrial DNA. Consideration for protection under the ESA triggered a deeper, more comprehensive look at the species question.

Led by Dr. Nathan Johnson of the U.S. Geological Survey, a team of biologists set out to provide a definitive answer by expanding on past research in two important areas. First, they looked at specimens from across the range of the two species, whereas previous research had only looked at individuals co-occurring in limited portions of the overlapping range. Secondly, they used newer molecular tools and took a more in-depth approach to their genetic research than past studies, this time looking again at mitochondrial DNA, but also evaluating genetic differences using nuclear DNA sequences and a suite of other genetic markers distributed across the whole genome to look for patterns across all genes. 

The approach led to a coordinated effort across the multi-state ranges of the two species to collect tissue from 324 specimens, 99 identified as pyramid pigtoe, and 225 identified as round pigtoe. Once the lab work was complete, they were unable to differentiate the two species based on mitochondrial DNA, nuclear DNA, or advanced genetic sequencing. The two mussels are the same species - the relatively common round pigtoe - therefore mussels previously considered pyramid pigtoe no longer qualify for protection under the ESA. 

The full text of the decision will be available online at the Federal eRulemaking portal, www.regulations.gov , on March 26, 2024 under docket number FWS-R4-ES-2021-0092.

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Criminal Defense Practice Fellowship Proposal Invitation - Fall 2025

Job posting for criminal defense practice fellowship proposal invitation - fall 2025 at the legal aid society.

The Legal Aid Society, the nation's oldest and largest social justice legal services organization is seeking dedicated, passionate Fellows in the Criminal Defense Practice. To learn more about how our attorneys and legal professionals enhance family and community stability and security please visit our website at https://www.legalaidnyc.org/what-we-do/ . Criteria for eligibility is listed below.

The Criminal Defense Practice runs from its dynamic advocacy of clients in court to its presence and partnership in communities. As the primary public defender in New York City, staff zealously and tirelessly work to protect the rights of the most marginalized and disenfranchised in society. Yet our scope, as the country's oldest and largest public defender, goes beyond any single case or client. Our community engagement, impact litigation, and broader advocacy consistently strive for increased fairness and humanity in the criminal justice system and seeks to reduce the devastating and permanent consequences of system involvement for our clients.

Through the work of our law reform units-the Special Litigation Unit and the Prisoners' Rights Project -we bring impact litigation and conduct advocacy to advance systemic change. And through the work of our post-conviction units- DNA, digital forensics , and others-we apply the latest advances to challenge the government and secure evidence essential to the defense of our clients.

For 2025, we are seeking proposals for the Criminal Defense Practice's law reform units or the practice's postconviction units by July 8, 2024. Areas of interest for proposals include, but are not limited to:

• Intersection of mental health and the criminal legal system (SLU)
• Police surveillance (SLU)
• Protection of rights during incarceration (PRP)
• DNA and Forensic Litigation and Reform (Post-conviction)
• Domestic Violence Survivors Act Litigation Parole Defense release-related litigation, reform, and re-entry advocacy; Wrongful Convictions Unit, post-conviction reform work and litigation (Post-conviction)

The Criminal Defense Practice's law reform units and its post-convictions units will hold a virtual information session via zoom on June 13 from 12:pm-2pm to answer questions about the fellowship process, each respective unit, and each unit's areas of interest. Please register here to receive the zoom link:

Registration Link

ESSENTIAL DUTIES/RESPONSIBILITIES

The fellow will play an integral role in the work of The Legal Aid Society. The fellow's specific responsibilities will depend upon the project but may include:

• Bringing impact litigation and conducting related policy advocacy in their law reform unit
• Active participation in their law reform unit's impact litigation and advocacy agenda
• Bringing litigation and conducting advocacy in their post-conviction unit
• Active participation in their post-conviction unit's litigation and advocacy agenda
• 3L law students, judicial law clerks, and other recent law graduates eligible for fellowship funding
• Excellent oral and written communication skills
• Excellent legal research, analysis and listening skills
• Ability to effectively navigate client/community concerns and communicate legal issues
• Ability to manage time and multiple tasks and deadlines
• Demonstrated commitment to low-income BIPOC communities
• Proficiency in languages other than English is desirable, but not required

Applicants will be notified via email about whether they have/have not been selected for an interview.

SALARY TRANSPARENCY

The posting reflects the range of potential salaries for the role. The specific salary offers will be dependent on candidate qualifications, including collectively bargained salary steps for unionized roles.

Salary Range/ Salary: $81,425.00

SALARY AND BENEFITS

The leadership of The Legal Aid Society believes in attracting and retaining exceptional talent committed to serving our clients. We offer a generous benefits package including health insurance, paid vacation, disability, and life insurance, and more. Salaries for our unionized jobs are governed by our Collective Bargaining Agreement. Please visit our Careers page for additional information. Salary and benefits information will be available to applicants, when and if an offer is made.

Click here to read more about the benefits of working at The Legal Aid Society

HIGHER EDUCATION AND LOAN FORGIVENESS

The Legal Aid Society is a qualified employer for the purposes of the Public Service Loan Forgiveness. This position allows an employee to take advantage of PSLF and other State and Federal loan forgiveness programs.

Additionally, employees who are New York residents may be eligible for assistance from New York state to assist with loan repayments, depending on years of practice.To learn more, click the links below.

studentaid.gov

hesc.ny.gov/loan-forgiveness-programs

OUR COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The leadership of The Legal Aid Society is committed to a work culture of zealous advocacy, respect, diversity and inclusion, client-oriented defense, access to justice and excellent representation. We are dedicated to building a strong professional relationship with each of our clients, to understanding their diverse circumstances, and to meeting their needs. Our ability to achieve these goals depends on the efforts of all of us.

WORK AUTHORIZATION

All applicants must be legally authorized to work in the United States for any employer without sponsorship for a work visa or permit. We are currently unable to sponsor employment visas or permits. (However, for citizens of Canada and Mexico, LAS will provide a letter documenting employment status that is needed to obtain a TN visa.)

HOW TO APPLY

All applications must be completed online. We do not accept paper submissions. Please visit our Careers Page to review all current job postings, and instructions on the application process. For technical difficulties or questions regarding this posting, please email [email protected] .

As an Equal Employment Opportunity (EEO) Employer, The Legal Aid Society prohibits discriminatory employment actions against and treatment of its employees and applicants for employment based on actual or perceived race or color, size (including bone structure, body size, height, shape, and weight), religion or creed, alienage or citizenship status, sex (including pregnancy), national origin, age, sexual orientation, gender identity (one's internal deeply-held sense of one's gender which may be the same or different from one's sex assigned at birth); gender expression (the representation of gender as expressed through, for example, one's name, choice of pronouns, clothing, haircut, behavior, voice, or body characteristics; gender expression may not conform to traditional gender-based stereotypes assigned to specific gender identities), disability, marital status, relationship and family structure (including domestic partnerships, polyamorous families and individuals, chosen family, platonic co-parents, and multigenerational families), genetic information or predisposing genetic characteristics, military status, domestic violence victim status, arrest or pre-employment conviction record, credit history, unemployment status, caregiver status, salary history, or any other characteristic protected by law.

The fellowship proposal should include a description of the legal project, designed by the applicant for partnership with The Legal Aid Society. The proposal should be 2 - 3 pages in length, describe the need for the project, how the project's goals will further the public interest, and how they will be accomplished within the fellowship year(s). Please include a proposed timeline for the fellowship year. Fellowship applicants will be required to comply with all rules and deadlines.

Please submit these documents as a single combined PDF when you apply via the LAS (Legal Aid Society) Recruitment Portal.

• Cover letter
• Fellowship Proposal and Unofficial Transcript

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