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law in a research paper

How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions — that is, case law — to back up a legal argument they are making in a motion or brief filed with the court.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

  • Case law, which are court opinions or decisions issued by federal or state courts
  • Statutes, including legislation passed by both the U.S. Congress and state lawmakers
  • Regulations, including those issued by either federal or state agencies
  • Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

  • Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
  • Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

  • Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

  • A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
  • A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
  • A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
  • The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

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Stanford Law School | Robert Crown Law Library

Directed Research Projects

  • Getting Started
  • Preparing to Research
  • The Research Process

Structuring Your Paper

Writing tips, writing resources.

  • Checking your Sources
  • Getting it Published

There is no strict structure to writing a legal research paper.  Unlike legal memos written for class or documents prepared for court proceedings that require formatted headings such as "Question Presented," "Statement of Facts," etc., legal research papers are not required to contain prescribed content or abide by a particular structure.

That said, below is a typical approach to organizing the content of your research project.

  • Introduction (clear statement of your thesis)
  • Background information (what is the existing law, if any)
  • The problem (explain why the status quo does't work)
  • Recommendation for change (what can be done to improve the field and how)
  • Conclusion (tie back to your thesis)

If you have any questions about formatting your research project, you should seek advice from your faculty advisor.  Below are some basic guidelines, but keep in mind formatting requirements set forth by your faculty advisor will always supersede instructions provided here.

Generally, directed research papers are formatted as follows:

  • 12-point font (Times New Roman or similar)
  • Double-spaced lines
  • One-inch margins on both sides, top, and bottom
  • 10-point font for footnotes (same font as text)
  • Bluebook style and rules for all footnotes citations
  • Roman numerals and/or letter headings and subheadings (same font as text but bolded and/or underlined)
  • Numbered pages in the footer (same font as text)

Table of Contents

Although not required (unless your faculty advisor states otherwise), a table of contents can be helpful to provide your reader with an overview of your research paper and direct them to certain sections.  Your table of contents should mirror your headings and subheadings.  Below is an example of a table of contents.

law in a research paper

When to Cite

You must include a citation every time you refer to, paraphrase, or quote a law, case, or another's work.  Most of your sentences will include a citation.  Additionally, when you cite to a law, always cite to the primary source.

How to Cite

The Bluebook, formally titled  The Bluebook: A Uniform System of Citation , is the style manual for citing to legal documents within the United States.  You should use the Bluebook for all your citations in your legal paper.  The white page section contain the citation rules for legal academic publications.

Cover Art

Writing a Strong Introduction

Your introduction is arguably the most important section of your paper because many people will decide to continue reading based on the introduction.  It must grab the reader's attention and explain why what you are writing about is important.

Essentially, the reader should be able to skim the rest of your paper after reading your introduction and have a good understanding of its layout and arguments.  A good introduction should present the theme of the paper in a succinct manner while providing an overview of your paper.

Generally, a strong introduction will

  • State the legal problem/issue;
  • Describe why it is important and how your paper contributes to the discussion;
  • Provide a road map of your paper; and
  • State your conclusion.

Being Objective & Subjective

After your introduction, you should discuss background information on the issue you chose to write about.  This should be an objective overview of the relevant facts and existing law.  Your objective background information section should not be an all encompassing.  Keep this portion of your paper focused on the essential law and relevant facts that support your recommendation for change. 

The bulk of your paper lays in your discussion of the problem and recommendation for change.  This is the subjective portion of your paper.  In this section you should extract the relevant objective material to support your subjective analysis.

Writing a Strong Conclusion

Your conclusion should restate your thesis, summarize your major points, and remind the reader why the issue you've chosen is important.  The conclusion should essentially reword your introduction in a condensed fashion. 

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Researching Law School Papers

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  • Coming up with a topic
  • Checking for preemption
  • Expanding your research

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Make a research appointment.

Reference librarians are available to help you get started and research your topic. 

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  • Stalking the Golden Topic: A Guide to Locating and Selecting Topics for Legal Research Papers by Heather Meeker
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5 Key Steps to Writing an Effective Law Research Paper

5 Key Steps to Writing an Effective Law Research Paper

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Written by admin

Updated on: April 7, 2024

Table of Contents

5 Key Steps to Writing an Effective Law Research Paper: Our Legal World

Writing a law research paper is much different and complex than crafting a research paper for other fields. That’s because it involves methodological research, which further requires familiarizing yourself with the current legal precedents, principles, and regulations. So, due to such complexities, students often get overwhelmed when asked to write a law research paper. And if you happen to know any such students, this blog post is for them.

Here, we’ll simplify the art of writing a persuasive research paper for law students with the help of 5 key steps. So, without prolonging this intro, let’s get to those steps.

1.    Select a Relevant and Narrow Topic

Whether you want to write a research paper for law or any other field, the first step you need to perform is to select a relevant topic. This step is paramount to writing an effective research paper because it will help you form the foundation for a compelling and well-researched paper. Therefore, the earlier you complete it, the better it will be for the overall quality of your law research paper.

But choosing a topic for a law research paper is different from selecting a topic for any other writing form. That’s because broader topics are challenging to cover. Therefore, your chosen topic should be specific and relevant to your interest. For instance, you can narrow your research for a topic to a particular point that aligns with your interest or has significance in law.

Sometimes, colleges or universities assign the research paper’s topic to students. So, if this situation represents your use case, all you need to do is pick a topic according to your interest from the assigned ones.

2.    Perform a Thorough but Methodological Research

Like other writing forms and research papers, thorough research is essential to write an effective law research paper. In fact, it’s the backbone of a research paper. Therefore, you should perform it, which is the second step in this guide.

But unlike other writing forms, the research for writing a law paper must be methodological. So, how can you conduct such research?

Well, existing literature can be a great starting point for the research phase of a law research paper. But other than that, you can use a plethora of sources, such as

  • Legal databases.
  • Scholarly articles.

Thus, looking for relevant data should be your priority while exploring the above-mentioned resources. But other than that, you should also familiarize yourself with the current legal precedents, principles, and regulations. Doing so will help you collect compelling evidence, arguments, and counterarguments, ultimately supporting your research paper and providing an overall comprehensive analysis.

3.    Create a Well-Thought-Out Outline

Suppose you have collected a lot of information and read all the existing written material regarding your research topic. In that case, you might crown your research paper with a lot of information and get carried away. Therefore, to cope with such a situation, we recommend creating a detailed outline, which is the third step of this guide.

Creating an outline and dividing your research paper into logical sections and subsections will help you formulate a coherent and organized structure. So, do that because this way, you can convey your ideas effectively. But remember that each section and subsection you create should relate to your research question and support your thesis.

Thus, once you’ve maintained a clear flow of ideas through the logical sections and subsections, it will ultimately improve your paper’s readability, which means readers can follow your point quickly.

4. Write in a Clear and Precise Legal Language

Documents related to law are famous for their complex and intricate language. But since a law research paper doesn’t intend to educate people having a legal background only, understanding convoluted language can be challenging for readers. And this situation is especially valid when you have to discuss arguments or concepts that are intricate and nuanced. To cater to this, we recommend writing the law research paper in clear and precise language.

Whether you are developing a solid thesis statement or writing your research paper’s introduction, body, and conclusion sections, it is essential to communicate the ideas clearly. And to do that, first of all, you must avoid using complex sentences and wording. Doing so will make your law research paper accessible to the experts and novices in the field.

But if writing content in a simple and easy-to-read manner is challenging for you, you can reword your complex content with any AI-based rephrase tool . Such tools use advanced NLP and AI technologies to paraphrase sentences and simplify their complexities in no time. This will ultimately save you time in simplifying the research paper manually and improves the overall quality of the paper as well.

5.    Don’t Forget to Revise, Edit and Polish Your Work

You’ve got the research and outline, which means, by now, you will have crafted a first draft of your research paper. And if you have, then it’s time to polish that draft by revising and editing it. But how can you do that?

Well, you can perform the following checks:

  • Carefully proofread your paper and look for formatting mistakes.
  • Besides formatting, don’t forget to check for grammar, punctuation, or spelling errors. But if you need any assistance, we recommend using an AI writing assistant.
  • Your research paper will have a plethora of arguments. So, make sure that every one of them flows logically and cohesively throughout your research paper. And also, analyze whether you’ve supported every idea with relevant details.
  • The first draft often contains repetitions of ideas. Therefore, you must trim them to polish your work.
  • Perform a check for plagiarism on the content of your research paper.
  • Remember to cite every source you’ve assisted in formulating your research paper’s data.
  • Remember to use the same citation style throughout the research paper.

Thus, by implementing these tips, you can easily polish your research paper and prepare it for the final submission.

Writing a law research paper requires dedication, meticulous research, and thoughtful organization. However, with the proper guideline, you can enhance your chances of producing a compelling and impactful paper.

So, remember to choose a relevant and focused topic, conduct thorough research, structure your paper effectively, and meticulously revise and edit your work. Thus, with practice and persistence, you can master the art of writing an outstanding law research paper that engages readers and contributes to the legal discourse.

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How to write a legal research paper: All you need to know

This article on “How to write a legal research paper: All you need to know” was written by Vridhi Rai, an intern at Legal Upanishad.

Introduction:

Law is all about analysis, critical thinking, and interpretation. Your capability to put together the analysis of the study of the issues in written form is essential in the practice of law. The research paper is one such way to express your creative and analytic thought process, your vision of the theme, and the originality of your content. The word ‘research’ means a systematic examination of material facts. It can be complex and daunting for law students. But research helps in enhancing your knowledge and cultivating your writing skills. This article will help you understand what is research paper all about and how to write a research paper.

What is a research paper?

A research paper is a piece of academic writing which is based on an author’s original composition in the research and the findings on a given theme or topic. The writing should be owned by the author himself or herself. A good research paper strives to convey the information traced by the author crisply and concisely. The paper is written to examine the theme or the provisions, present your stand on it, and showcase evidence in support in a systematic manner. The true nature of the paper shows you the purpose of the theme or topic. 

What is the aim of the legal research paper?

The aim of the legal research paper can be a subjective question since the writing will indicate what the intended outcome is. There are kinds of writings that would pave a way for courts because it geared toward a certain kind of doctrinal analysis of the court’s interaction with theory and practice. The writings are done for better interpretation of the law. It could also be used to influence policy-making and generate debates. The author has a specific objective and intended audience in mind to serve.

How to write a legal research paper

How to write a legal research paper?

Step-1 choose a theme or topic:.

The foremost step in writing a  legal research paper is to select a theme or topic for the research. Select topics that catch your attention or interest. You can pick topics addressing contemporary issues or topics for the intended audience you wish to cater to. It should be novel, innovative, and interesting. While choosing a topic, read pertinent issues from different sources.  You can follow legal news to search for pertinent topics.

In case, you find difficulty selecting a topic, it will be wonderful for you to approach your professors, colleagues, and friends for consultation. Also, never feel hesitant to change the theme or topic of the research, if you feel it is not the right topic or you will not able to research the topic effectively.

Step-2 Research on your topic:

Now, your next task is to research the topic extensively on your selected topic from credible sources. You can refer to different sources by reading legal research pieces from books to online sites like SCC online, Manupatra, and Kluwer Arbitration. Always remember don’t just goggle. Use conventional sources like books and articles, these will give you a broader perspective. Read as much as you can. Reading helps you understand the nitty-gritty of the law provisions. Please beware of the research as this task can be very monotonous. You might lose motivation to perform this task. But hang in there and stay motivated to find interesting facts.

Step-3 Examine and Make a plan:

After researching, your very next step is to examine and make a plan to execute writing a legal research paper. Your research will be comprehensive with ideas. Please develop a detailed outline. Try adding notes to your research work. It can be possible that you might end up adding too much information to your paper. Highlight the key findings from your study. At this stage you are required to identify the goal of your research work, it can be either argumentative or analytic. You have to determine the masses you are wishing to address. The focus and the tone of the paper should b according to the audience you are intending to reach.

To get your Legal Research Paper written by an expert. Contact us.

Step-4 writing the paper:.

The next step is to draft the research paper. Make a final outline of the research work. The outline must have the points to describe the overview of the paper. The basic mantra of legal research is the structure of the paper. The research paper writing should be creative, clear, concise, and comprehensive. The language of your research paper should be easy to interpret. The legal terminologies and material facts are generally very sophisticated and complex. The facts, you are mentioning must be backed by shreds of evidence.

The format of the legal research paper:

The paper should have a proper format that consists of writing styles, referencing styles, page numbering, spacing, and margins. It should also include the headlines, sub-headlines, citations, or credits to the authors and the scholars.

The content of the legal research paper:

The content consists of the following:

Acknowledgment : the content of the paper should include an acknowledgment section that appreciates all the contributors to the research paper for their efforts and encouragement.

Table of contents: it includes the list of the things that you have written in your research paper.

Scope of the research: the scope or object of the research includes the reason for your study. It shows you the skeleton of your research paper. You have stated the problem or issue of the paper.

A literature survey or the sources used in the study: it includes the sources you have referred to in your study. It can be primary or secondary resources. The primary resources include books, statutes, and case laws. The secondary sources include the material you have collected from law articles, journals, and compendiums online or offline.

The hypothesis of the research: the hypothesis is the idea that is suggested to explain the objective of the research conducted by the researcher. It conveys the expectations of the researcher on what basis he started studying the issues, he raised in his paper.

Abstract : abstract shows the gist of the theme you have mentioned in your study. It is like the summary of the findings in your research regarding the theme. It should be written clearly and concisely.

Introduction: the introduction should be well-written to attract the attention of the audience toward the theme you mentioned in your thesis. A glance over the initial paragraphs gives an insight to the readers of your work. The introduction determines whether the research paper is worth reading or not. It should express the research problem, the purpose of your thesis, and background details about the issue you are referring to. It should be short, crisp, and comprehensive.

The main body of the study: the main focus of the paper is the main body of the thesis. The body should be divided into paragraphs along with sub-headings for a better understanding of the facts. Each paragraph should draw the main points of your study. It should begin with the topic’s sentences and should conclude extensively. In the main body, you can add the case laws and judgments.  

The conclusion of the study: the finale of the study should include a summary of the main pointers discussed in the study, it should express your stand or viewpoint towards the research problem. The concluding para of your research can be affirmative or negative in tone. In the end, you can add some suggestive measures to your study.

References or bibliography: at the end of the paper mention the references or the sources links or sites from which you have researched the material facts.

Step – 5 edit and proofread the final draft of the research paper:

Use proper grammar, punctuation, and spelling. Proofreading will help you to find errors in your content. If you need, to make changes to the paper, check and find the logic and legality of the statement. At this stage, you check the plagiarism of your content.

The things that should be considered carefully before drafting the paper:

you need to check the validity of the judgments before mentioning them in the research paper. The validity of the bills mentioned in your study should be carefully considered. The errors related to applicability or jurisdictions should be carefully verified.

Conclusion:

Legal research is not an easy task to perform. It takes a lot of time to conduct it. Constant hard work, attention, motivation, and patience are the factors required to examine and analyze the details. It can be boring. But it will help you in brushing your skills. Your efforts and dedication toward finding more and more material facts will help in shaping you into a good researcher.

It is beneficial for law students for interpreting law provisions, policies, and judgments. It can be used as a medium to influence policy-making procedures and as a tool to aware the masses. Publication of your research papers will act as a stimulating force to your law career. It will help you build your confidence and help them transform into law professionals.

References:

  • How to write a legal research paper: guide: how to write a winning research paper?- Legal Desire. Retrieved: https://legaldesire.com/guide-how-to-write-a-winning-research-paper/
  • A helpful guide on writing a law research paper- Writing help. Retrieved: https://howtowrite.customwritings.com/post/law-research-paper-guide/
  • How to begin with writing a legal research paper- Manupatra- youtube channel-(video file)
  • How to write a legal research paper law?|research paper- Eminent law classes-(Video file)
  • The aim of writing a legal research paper- the art of writing a legal research paper-Rohini Sen-letter of the law-(video file)

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The University of Melbourne

Selecting and Developing a Law Research Topic

  • Introduction
  • Selecting a Topic
  • Developing a Thesis
  • Checking the Novelty of the Thesis
  • Referencing and citing

Finding a Topic

One of the most important yet challenging aspects of writing a research paper is selecting an appropriate topic.  When selecting a topic, make sure that it is interesting to you and your audience, well-defined, manageable, novel and worthy of publication. If you need help finding a research topic, you can start by:

  • Examining legal developments
  • Searching for a novel case or a legal issue where courts have split on their interpretation of the law
  • Browsing recent scholarly publications
  • Mining topic ideas, including calls for papers and writing competitions
  • Talking to people
  • Keeping up to date with current affairs, e.g. news items can generate topic ideas

The Law Library has numerous resources listed on this page to assist you in selecting your topic. If you get stuck or need customised advice, please email us at:  [email protected]

Novel Cases

A common approach to finding a topic is to focus on a case that raises a novel issue of law. To find these cases, search for legal developments (see Legal Developments) or browse recent cases before the Australian High Court or highest appellate court in other countries.

  • High Court of Australia
  • Supreme Court of Canada
  • Supreme Court of New Zealand
  • Supreme Court of the United Kingdom
  • Supreme Court of the United States

The following blogs also contain valuable information about High Court/Supreme Court decisions:

  • Opinions on High University of Melbourne Law School's blog on decisions from the High Court of Australia
  • The Court Osgoode Hall Law School's blog on decisions from the Supreme Court of Canada
  • UKSC Blog United Kingdom Supreme Court blog written by influential solicitors and barristers
  • SCOTUS Blog United States Supreme Court blog written by lawyers, law professors, and law students

Unresolved Legal Issues

Another common approach to finding a research topic is to examine an unresolved legal issue. Unresolved legal issues can occur when courts have split in their interpretation of the law, leaving the ultimate meaning of the law unresolved. In the United States, this is known as a 'circuit split' because it is based on federal circuit courts interpreting the same legal issue differently. These sorts of issues are ripe for appeal to the US Supreme Court, the highest court in the land. 

A research topic may describe the split, identify any issues that may be influencing the courts, and propose a way to distinguish the situations or resolve the discrepancy. These topics can be very timely and relevant. However, if the discrepancy is resolved before your paper is completed, the topic can be rendered entirely obsolete. Because these topics are so popular in the United States, there are resources dedicated solely to tracking circuit splits, including the following:

  • Seton Hall Circuit Review A law review dedicated to covering the United States federal circuits. The section entitled 'Current Circuit Splits' provides brief summaries of the circuit splits identified in federal court of appeals opinions.
  • The University of Cincinnati Law Review's Circuit Splits Blog
  • Circuit Splits Reported in U.S. Law Week (BNA) To access Bloomberg Law: staff and students must use their University of Melbourne email addresses when completing the registration form to establish a Bloomberg Law School account.

Journal Articles

  • Meeker, Heather, 'Stalking the Golden Topic: A Guide to Locating and Selecting Topics for Legal Research Papers' (1996) 3 Utah Law Review 917
  • Volokh, Eugene, 'Writing a Student Article' (1998) 48 Journal of Legal Education 247

Law Library Catalogue: ebooks and print materials

Use introductory texts to begin your research. These will help you structure your research and point to key issues that may be appropriate for a research topic.

1. To find print and ebooks, search the Library catalogue for your topic in the keyword field e.g. international humanitarian law.

Keyword Title Author Subject Journal title Call number ISBN or ISSN  or

2. Browse the shelves according to call numbers. Books will be shelved by call numbers according to their subject matter.

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  • Last Updated: Mar 25, 2024 4:17 PM
  • URL: https://unimelb.libguides.com/law_research_topic

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Writing a law school research paper or law review note

  • Books and articles

Examples of student papers

The three documents listed below were written by 2Ls for the Indiana International & Comparative Law Review. If you are writing for a seminar or an independent study, your parameters might be a little different, but these serve as good examples of general expectations for what can satisfy the advanced writing requirement.  

  • Ancient Water Law in a Modern Crisis: An Analysis of Australian Water Law Reform in the United States Context
  • Seizing the Initiative on Sexual Assault in the United States Military: The Way Forward
  • Striking a Balance: Extending Minimum Rights to U.S. Gig Economy Workers Based on E.U. Directive 2019/1153 on Transparent and Predictable Working Conditions
  • << Previous: Books and articles
  • Last Updated: Jul 29, 2022 11:08 AM
  • URL: https://law.indiana.libguides.com/c.php?g=1071346

University of Bristol Law School

Law working papers series.

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Welcome to the Bristol Law Working Papers Series. The series publishes a broad range of legal scholarship in all subject areas from members of the University of Bristol Law School. All papers are published electronically and available to download as pdf files.

Working papers

Exceptions and Regulatory Autonomy (PDF, 1,504kB) Author: Joshua Paine

This paper provides a comparative overview and analysis of exceptions commonly included in Preferential Trade Agreements.

Default Norms in Labour Law- From Private Right to Public Law (PDF, 1,525kB) Author: Alan Bogg

How far can the common law limit freedom of contract in employment contracts? This paper considers the limits of freedom of contract in relation to (i) contracting out of employment status; (ii) contracting out of implied terms. It argues that public policy can impose necessary limits on the employer's contractual powers.

An Analysis of the UK–Australia FTA’s Investment Chapter (PDF, 630kB) Author: Joshua Paine

A Kantian moral cosmopolitan approach to teaching professional legal ethics (PDF, 693kB) Author: Omar Madhloom

COVID-19 at Work: How risk is assessed & its consequences in England & Sweden (PDF, 837kB) A‌uthors: Peter Andersson and Tonia Novitz

Capturing the value of community fuel poverty alleviation (PDF, 1,891kB) Authors: Colin Nolden, Daniela Rossade and Peter Thomas

Bridging the Spaces in-between? The IWGB and Strategic Litigation (PDF, 522kB)  Author: Manoj Dias-Abey

View past papers

National Law School Journal

Home > NLSJ

The National Law School Journal (NLSJ) is the flagship journal of the National Law School of India University, Bengaluru. It is an open-access, peer-reviewed journal that has consistently published original contributions to contemporary legal scholarship on India and the developing world since 1989. The journal’s Editorial Board includes the Vice-Chancellor and members of the faculty. NLSJ invites contributions from academics, practitioners and researchers across legal studies and allied interdisciplinary scholarship.

NLSJ is published twice a year. The journal is indexed in UGC-CARE.

The National Law School of India University, Bengaluru is India’s premiere law school and has pioneered legal education reforms for over three decades.

Current Issue: Volume 17, Issue 1 (2023)

Tunnels as Temples of 'New Green India': Dominant Narratives of Himalayan Dam Building Manshi Asher and Vivek Negi

Locating the 'Nanny' in Legal Theory Akshat Agarwal

The Uber Conundrum: Analysing the Worker Rights of Uber Drivers in India Shantanu Braj Choubey

Case Comment

The Difference Method Makes: Judicial Restraint and Judicial Creativity in Rana Nahid v Sahidul Chisti Saptarshi Mandal

Book Review

Book Review | Sangeeta Dasgupta, 'Reordering Adivasi Worlds: Representation, Resistance, Memory' (Oxford University Press 2022) Nishant Gokhale

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IJLLR Journal is an online bi-monthly   journal with 6 Issues per year. The Journal revolves around Socio-legal  topics and is not restricted to any particular field or subject of law. The Journal promotes interdisciplinary research entailing detailed study of law with other disciplines in the contemporary era.

IJLLR aims to provide a platform where everyone related to the field of law can contribute their research work on any topic related to law and help create a quality open-access platform that can be used by anyone to gain or develop their knowledge and expertise in the subject of law.

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Encourage  interdisciplinary and  comparative research  to develop a holistic and multifaceted approach towards the complex issues of today’s society.

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Submissions in this category are expected to engage with the theme and literature of a particular topic comprehensively. The article must survey current practice in the field, identify any lacunae and offer innovative reassessment along with constructive suggestions. Theoretical pieces are also welcome in this category.

Essays/short articles are more concise in scope and are focused on a particular issue and offer new perspectives and critical insights on the selected topic. They offer clearly identifiable arguments and may provide different ways of conceptualizing the selected issue.

This category is meant for the analysis of any contemporary judicial pronouncement, legislative action, or policy proposal. Notes and Comments must trace the line of cases in which the decision appears and comment on its implications on the evolution of that branch of law. Similarly, a legislative comment or policy proposal must identify the object and expected impact of the legislative action/policy proposal in question.

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Free Legal Research Resources - United States

Federal law & gov't docs, secondary sources, data sources, getting help, how to use this guide.

This guide contains selected, free, online United States federal and state legal research materials.

Many lawyers have access to paid databases. Yet, combining paid and free resources, can help them to avoid potentially expensive searches. According to a 2020 Legal Technology Survey Report, nearly 60% of lawyers “say they regularly use free online resources to conduct legal research.”

  • Legal Technology - ABA Legal Profile

For researchers without access to paid databases, the following resources may be essential. Legal research is often more effective when using a local law library. To learn more about law libraries throughout the United States, visit:

  • Local Law Libraries by AJ Blechner Last Updated Apr 12, 2024 621 views this year

Range of Materials

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The Constitution

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Statutes and Legislative Materials

Statutes and legislative materials are becoming available freely online, with increasing frequency. Free resources can be a great starting place for statutory research. However, always make sure you confirm your findings in an authoritative version of the law.

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Supreme Court

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Case Law and Court Documents

Federal case law and court documents are often available freely online, particularly recently decided cases. Check the website of the deciding court for digital copies of their cases. In addition, the following resources provide free case law.

Caselaw Access Project Harvard Law School Logo

Case Validation

Case involves ensuring that cases have not been overruled or negatively impacted by later caselaw. Case searching and retrieval through free databases is increasingly achievable. However, paid services are still most often used to validate cases. Tools that facilitate this case validation process are called citators. The best way to access free citators is through state and local public law libraries. To find a state or local law library visit:

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Executive Documents

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State Statutes and Regulations

Many states and localities publish some or all of their legislative materials on their website. Consider starting with the website of the state or locality in question. Remember, materials on official government websites, may not be the “official copy.” The National Conference of State Legislators provides a list of State Legislative Websites.

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The sources below provide alternatives for hard-to-find state materials.

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State Case Law and Court Documents

Courts are increasingly making their materials freely available online, frequently via the court website. This is particularly true for state Supreme Courts. When looking for state case law, consider starting with the website of the deciding court. The National Center for State Courts provides a list of state court websites.

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U.S. Treaties

Several government-sponsored websites provide the full-text of U.S. treaties on the web. Refer to the list below for date ranges for each sources.

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Foreign & International Law

For free resources on foreign and international law, see our foreign and international law guide:

  • Free Legal Research Resources - Foreign & International by AJ Blechner Last Updated Sep 12, 2023 559 views this year

Journal Search & Legal Opinions - Google Scholar

Google Scholar offers access to many legal documents including patents, legal opinions and journals. Use the search box below and select the appropriate options from the dropdown menu at the top left of your screen.

Google Scholar Search

While many journals are only available through paid databases, high-quality, open access journals are increasingly common. The following sources collect freely available journal articles.

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Books, Dictionaries, Encyclopedias, Treatises, Dissertations, Etc.

Secondary sources are also increasingly available online for free. 

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Federal Data Sources

Many government data sources are made available to the public for free online. Check the websites of relevant agencies or organizations to look for additional data.

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  • Additional sources are available on the Harvard Law School Library's website.

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  • Last Updated: Apr 12, 2024 4:50 PM
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ORIGINAL RESEARCH article

Algorithmic discrimination: examining its types and regulatory measures with emphasis on us legal practices provisionally accepted.

  • 1 Sage IT Consulting Group, China
  • 2 University of Washington, United States
  • 3 The Chinese University of Hong Kong, China
  • 4 New York University, United States

The final, formatted version of the article will be published soon.

Algorithmic decision-making systems are increasingly being used across various domains, from criminal justice to employment to education. While these systems offer the potential for increased efficiency and objectivity, they also risk perpetuating and amplifying societal biases and discrimination. This paper provides a comprehensive examination of the types of algorithmic discrimination, the legal and regulatory approaches to addressing them, and the challenges involved in ensuring fairness and accountability in automated decisions. Drawing on a systematic literature review, legal document analysis, and comparative case studies, the authors identify five main types of algorithmic bias: bias by algorithmic agents, discrimination based on feature selection, proxy discrimination, disparate impact, and targeted advertising. The paper analyzes the current U.S. legal and regulatory landscape, discussing principled and specific regulations, preventive controls, consequential liability, self-regulation, and heteronomy regulation. It also provides a comparative perspective by examining algorithmic fairness measures in the EU, Canada, Australia, and Asia. Case studies on criminal risk assessment and hiring algorithms illustrate the real-world impacts of algorithmic discrimination. The paper concludes with recommendations for interdisciplinary research, proactive policy development, public awareness, and ongoing monitoring to promote fairness and accountability in algorithmic decision-making. As the use of AI and automated systems expands globally, this work highlights the importance of developing comprehensive, adaptive approaches to combat algorithmic discrimination and ensure the socially responsible deployment of these powerful technologies.

Keywords: Algorithmic discrimination, regulatory measures, Automated decision-making, Computational Intelligence, AI AND LAW

Received: 16 Oct 2023; Accepted: 01 May 2024.

Copyright: © 2024 WANG, WU, Ji and Fu. This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY) . The use, distribution or reproduction in other forums is permitted, provided the original author(s) or licensor are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.

* Correspondence: Mx. YING CHENG WU, University of Washington, Seattle, 98195-4550, Washington, United States

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Computer Science > Computation and Language

Title: temporal scaling law for large language models.

Abstract: Recently, Large Language Models (LLMs) are widely adopted in a wide range of tasks, leading to increasing attention towards the research on how scaling LLMs affects their performance. Existing works, termed as Scaling Laws, have discovered that the loss of LLMs scales as power laws with model size, computational budget, and dataset size. However, the performance of LLMs throughout the training process remains untouched. In this paper, we propose the novel concept of Temporal Scaling Law and study the loss of LLMs from the temporal dimension. We first investigate the imbalance of loss on each token positions and develop a reciprocal-law across model scales and training stages. We then derive the temporal scaling law by studying the temporal patterns of the reciprocal-law parameters. Results on both in-distribution (IID) data and out-of-distribution (OOD) data demonstrate that our temporal scaling law accurately predicts the performance of LLMs in future training stages. Moreover, the temporal scaling law reveals that LLMs learn uniformly on different token positions, despite the loss imbalance. Experiments on pre-training LLMs in various scales show that this phenomenon verifies the default training paradigm for generative language models, in which no re-weighting strategies are attached during training. Overall, the temporal scaling law provides deeper insight into LLM pre-training.

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