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Literature Review: Conducting & Writing

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Literature Reviews

• General overview of Literature Reviews
• What should a Literature Review include?
• Examples of Literature Reviews
• Research - Getting Started

Online Resources

• CWU Learning Commons: Writing Resources
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Literature Reviews Examples

Social Sciences examples

• Psychology study In this example, the literature review can be found on pages 1086-1089, stopping at the section labeled "Aims and Hypotheses".
• Law and Justice study In this example, the literature review can be found on pages 431-449, stopping at the section labeled "Identifying and Evaluating the Impacts of the Prisoners' Rights Movement". This article uses a historical literature review approach.
• Anthropology study The literature review in this article runs from page 218 at the heading "Between Critique and Enchantment" and ends on page 221 before the heading "The Imagination as a Dimension of Reality".

Hard Science examples

• Physics article The literature review in this paper can be found in the Introduction section, ending at the section titled "Experimental procedure".
• Health Science article The literature review in this article is located at the beginning, before the Methods section.

Arts and Humanities examples

• Composition paper In this example, the literature review has its own dedicated section titled "Literature Review" on pages 2-3.
• Political geography paper The literature review in this paper is located in the introduction section.

Standalone Literature Review examples

• Project-based learning: A review of the literature
• Mental health and gender dysphoria: A review of the literature
• Academic engagement and commercialisation: A review of the literature on university–industry relations
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• How to Write a Literature Review | Guide, Examples, & Templates

How to Write a Literature Review | Guide, Examples, & Templates

Published on January 2, 2023 by Shona McCombes . Revised on September 11, 2023.

What is a literature review? A literature review is a survey of scholarly sources on a specific topic. It provides an overview of current knowledge, allowing you to identify relevant theories, methods, and gaps in the existing research that you can later apply to your paper, thesis, or dissertation topic .

There are five key steps to writing a literature review:

• Search for relevant literature
• Evaluate sources
• Identify themes, debates, and gaps
• Outline the structure
• Write your literature review

A good literature review doesn’t just summarize sources—it analyzes, synthesizes , and critically evaluates to give a clear picture of the state of knowledge on the subject.

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Table of contents

What is the purpose of a literature review, examples of literature reviews, step 1 – search for relevant literature, step 2 – evaluate and select sources, step 3 – identify themes, debates, and gaps, step 4 – outline your literature review’s structure, step 5 – write your literature review, free lecture slides, other interesting articles, frequently asked questions, introduction.

• Quick Run-through
• Step 1 & 2

When you write a thesis , dissertation , or research paper , you will likely have to conduct a literature review to situate your research within existing knowledge. The literature review gives you a chance to:

• Demonstrate your familiarity with the topic and its scholarly context
• Develop a theoretical framework and methodology for your research
• Position your work in relation to other researchers and theorists
• Show how your research addresses a gap or contributes to a debate
• Evaluate the current state of research and demonstrate your knowledge of the scholarly debates around your topic.

Writing literature reviews is a particularly important skill if you want to apply for graduate school or pursue a career in research. We’ve written a step-by-step guide that you can follow below.

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See an example

Writing literature reviews can be quite challenging! A good starting point could be to look at some examples, depending on what kind of literature review you’d like to write.

• Example literature review #1: “Why Do People Migrate? A Review of the Theoretical Literature” ( Theoretical literature review about the development of economic migration theory from the 1950s to today.)
• Example literature review #2: “Literature review as a research methodology: An overview and guidelines” ( Methodological literature review about interdisciplinary knowledge acquisition and production.)
• Example literature review #3: “The Use of Technology in English Language Learning: A Literature Review” ( Thematic literature review about the effects of technology on language acquisition.)
• Example literature review #4: “Learners’ Listening Comprehension Difficulties in English Language Learning: A Literature Review” ( Chronological literature review about how the concept of listening skills has changed over time.)

You can also check out our templates with literature review examples and sample outlines at the links below.

Download Word doc Download Google doc

Before you begin searching for literature, you need a clearly defined topic .

If you are writing the literature review section of a dissertation or research paper, you will search for literature related to your research problem and questions .

Make a list of keywords

Start by creating a list of keywords related to your research question. Include each of the key concepts or variables you’re interested in, and list any synonyms and related terms. You can add to this list as you discover new keywords in the process of your literature search.

• Social media, Facebook, Instagram, Twitter, Snapchat, TikTok
• Body image, self-perception, self-esteem, mental health
• Generation Z, teenagers, adolescents, youth

Search for relevant sources

Use your keywords to begin searching for sources. Some useful databases to search for journals and articles include:

• Your university’s library catalogue
• Google Scholar
• Project Muse (humanities and social sciences)
• Medline (life sciences and biomedicine)
• EconLit (economics)
• Inspec (physics, engineering and computer science)

You can also use boolean operators to help narrow down your search.

Make sure to read the abstract to find out whether an article is relevant to your question. When you find a useful book or article, you can check the bibliography to find other relevant sources.

You likely won’t be able to read absolutely everything that has been written on your topic, so it will be necessary to evaluate which sources are most relevant to your research question.

For each publication, ask yourself:

• What question or problem is the author addressing?
• What are the key concepts and how are they defined?
• What are the key theories, models, and methods?
• Does the research use established frameworks or take an innovative approach?
• What are the results and conclusions of the study?
• How does the publication relate to other literature in the field? Does it confirm, add to, or challenge established knowledge?
• What are the strengths and weaknesses of the research?

Make sure the sources you use are credible , and make sure you read any landmark studies and major theories in your field of research.

You can use our template to summarize and evaluate sources you’re thinking about using. Click on either button below to download.

Take notes and cite your sources

As you read, you should also begin the writing process. Take notes that you can later incorporate into the text of your literature review.

It is important to keep track of your sources with citations to avoid plagiarism . It can be helpful to make an annotated bibliography , where you compile full citation information and write a paragraph of summary and analysis for each source. This helps you remember what you read and saves time later in the process.

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To begin organizing your literature review’s argument and structure, be sure you understand the connections and relationships between the sources you’ve read. Based on your reading and notes, you can look for:

• Trends and patterns (in theory, method or results): do certain approaches become more or less popular over time?
• Themes: what questions or concepts recur across the literature?
• Debates, conflicts and contradictions: where do sources disagree?
• Pivotal publications: are there any influential theories or studies that changed the direction of the field?
• Gaps: what is missing from the literature? Are there weaknesses that need to be addressed?

This step will help you work out the structure of your literature review and (if applicable) show how your own research will contribute to existing knowledge.

• Most research has focused on young women.
• There is an increasing interest in the visual aspects of social media.
• But there is still a lack of robust research on highly visual platforms like Instagram and Snapchat—this is a gap that you could address in your own research.

There are various approaches to organizing the body of a literature review. Depending on the length of your literature review, you can combine several of these strategies (for example, your overall structure might be thematic, but each theme is discussed chronologically).

Chronological

The simplest approach is to trace the development of the topic over time. However, if you choose this strategy, be careful to avoid simply listing and summarizing sources in order.

Try to analyze patterns, turning points and key debates that have shaped the direction of the field. Give your interpretation of how and why certain developments occurred.

If you have found some recurring central themes, you can organize your literature review into subsections that address different aspects of the topic.

For example, if you are reviewing literature about inequalities in migrant health outcomes, key themes might include healthcare policy, language barriers, cultural attitudes, legal status, and economic access.

Methodological

If you draw your sources from different disciplines or fields that use a variety of research methods , you might want to compare the results and conclusions that emerge from different approaches. For example:

• Look at what results have emerged in qualitative versus quantitative research
• Discuss how the topic has been approached by empirical versus theoretical scholarship
• Divide the literature into sociological, historical, and cultural sources

Theoretical

A literature review is often the foundation for a theoretical framework . You can use it to discuss various theories, models, and definitions of key concepts.

You might argue for the relevance of a specific theoretical approach, or combine various theoretical concepts to create a framework for your research.

Like any other academic text , your literature review should have an introduction , a main body, and a conclusion . What you include in each depends on the objective of your literature review.

The introduction should clearly establish the focus and purpose of the literature review.

Depending on the length of your literature review, you might want to divide the body into subsections. You can use a subheading for each theme, time period, or methodological approach.

As you write, you can follow these tips:

• Summarize and synthesize: give an overview of the main points of each source and combine them into a coherent whole
• Analyze and interpret: don’t just paraphrase other researchers — add your own interpretations where possible, discussing the significance of findings in relation to the literature as a whole
• Critically evaluate: mention the strengths and weaknesses of your sources
• Write in well-structured paragraphs: use transition words and topic sentences to draw connections, comparisons and contrasts

In the conclusion, you should summarize the key findings you have taken from the literature and emphasize their significance.

When you’ve finished writing and revising your literature review, don’t forget to proofread thoroughly before submitting. Not a language expert? Check out Scribbr’s professional proofreading services !

This article has been adapted into lecture slides that you can use to teach your students about writing a literature review.

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If you want to know more about the research process , methodology , research bias , or statistics , make sure to check out some of our other articles with explanations and examples.

• Sampling methods
• Simple random sampling
• Stratified sampling
• Cluster sampling
• Likert scales
• Reproducibility

 Statistics

• Null hypothesis
• Statistical power
• Probability distribution
• Effect size
• Poisson distribution

Research bias

• Optimism bias
• Cognitive bias
• Implicit bias
• Hawthorne effect
• Anchoring bias
• Explicit bias

A literature review is a survey of scholarly sources (such as books, journal articles, and theses) related to a specific topic or research question .

It is often written as part of a thesis, dissertation , or research paper , in order to situate your work in relation to existing knowledge.

There are several reasons to conduct a literature review at the beginning of a research project:

• To familiarize yourself with the current state of knowledge on your topic
• To ensure that you’re not just repeating what others have already done
• To identify gaps in knowledge and unresolved problems that your research can address
• To develop your theoretical framework and methodology
• To provide an overview of the key findings and debates on the topic

Writing the literature review shows your reader how your work relates to existing research and what new insights it will contribute.

The literature review usually comes near the beginning of your thesis or dissertation . After the introduction , it grounds your research in a scholarly field and leads directly to your theoretical framework or methodology .

A literature review is a survey of credible sources on a topic, often used in dissertations , theses, and research papers . Literature reviews give an overview of knowledge on a subject, helping you identify relevant theories and methods, as well as gaps in existing research. Literature reviews are set up similarly to other  academic texts , with an introduction , a main body, and a conclusion .

An  annotated bibliography is a list of  source references that has a short description (called an annotation ) for each of the sources. It is often assigned as part of the research process for a  paper .  

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When thinking about any risks associated with your research you may realise that it is difficult to predict your research needs and the accompanying risks as you were not sure what information would be required; this is why a literature review is necessary. A thorough literature review will help identify gaps in existing knowledge where research is needed; filling those gaps is one of the prime functions of research. The literature review will indicate what is known about your chosen area of research and show where further contributions from further research can be made.

Undertaking a literature review is probably one of the most difficult stages of the research process but it can be both exciting and fulfilling. This section aims to put the literature review into context and to explain what it does and how to do it.

The literature on a particular legal topic is of fundamental importance to the international community of researchers and scholars working within particular academic disciplines. Academic publishing supports research by enabling researchers to tell the world what they have discovered and allows others researching in the same area to peer review their work; in this way, a combined body of knowledge is established.

During your research, you will use the literature to:

• develop your knowledge of your chosen topic and the research process in general terms
• ensure that you have an understanding of the current state of academic knowledge within your chosen topic
• identify the gaps in knowledge that your research will address
• ensure that your research question will not become too broad or narrow.

The Purpose of Literature Review

Understanding existing research is at the core of your study. A good literature review is important because it enables you to understand the existing work in your chosen topic as well as explaining concepts, approaches and ideas relevant to that topic.

The literature review is also essential as it will enable you to identify an appropriate research method. Your research method, and needs, can only be established in the light of a review of existing knowledge.

Your literature review is regarded as secondary research. The research process is an ongoing one, so your literature review is never really finished or entirely up to date as reading and understanding the existing literature is a constant part of being a researcher; professionally it is an obligation.

Different Types of Research

• Different types of research
• Different sources
• Understand research in your chosen area
• Explaining relevant concepts and ideas
• Contextualizing your results
• What to read?
• Peer review
• Searching the literature
• Critically evaluating documents

Your research will draw upon both primary and secondary research. The difference between primary and secondary research is that primary research is new research on a topic that adds to the existing body of knowledge. Secondary research is research into what others have written or said on the topic.

You will also draw upon primary and secondary sources to undertake your research. Primary sources are evidence recorded at the time, such as a photograph, an artifact, a diary, or the text of a statute or court ruling. Primary legal sources are the products of those bodies with the authority to make, interpret and apply the law. Secondary sources are what others have written or said about the primary source, their interpretation, support, or critique of the primary source. Similarly, secondary legal sources are what academics, lawyers, politicians, journalists, and others have said or written about a primary legal source.

Part of the aim of your studies is to make a contribution to the existing body of academic knowledge. Without a literature review there would be a risk that what you are producing is not actually newly researched knowledge; instead it may only be a replication of what is already known. The only way to ensure that your research is new is to find out what others have already done. However, this is not to say that you should never attempt to research some things that have been done before if you feel that you can provide valuable new insights.

You also need to use the literature review to build a body of useful ideas to help you conceptualise your research question and understand the current thinking on the topic. By studying the literature you will become familiar with research methods appropriate to your chosen topic and this will show you how to apply them. Careful consideration should be given to the research methods deployed by existing researchers in the topic, but this should not stifle innovative approaches. Your literature study should also demonstrate the context of your own work, and how it relates, and builds, on the work of others; ‘to make proper acknowledgment of the work of previous authors and to delineate [your] own contributions to the field’ (Sharp et al., 2002, p. 28).

When you have completed your primary research, you will still have the task of demonstrating how your research contributes to the topic in which you have been working. Comparing your results to similar work within the topic will demonstrate how you have moved the discipline forward.

Comparing your results with the gaps that you identified in the early stages of your literature review will allow you to evaluate how well you have addressed them.

A successful literature review will have references from a number of different types of sources; it is not simply a book review. What is much more important than the number of references is that you have a selection of literature that is appropriate for your research; what is appropriate will depend on the type of research you are undertaking. For example, if your topic is in an area of recent legal debate, you will probably find most of the relevant material in journal articles or conference papers. If you are studying policy issues in law-making, you would expect to cite more government reports. In either case, you will need some core references that are recent and relevant. A research project could also contain a number of older citations to provide a historical context or describe established methods. Perhaps a recent newspaper, journal or magazine article could illustrate the contemporary relevance or importance of your research.

You will have to use your own judgment (and the advice of your tutor) to ascertain what the suitable range of literature and references is for your review. This will differ for each topic of research, but you will be able to get a feel for what is appropriate by looking at relevant publications; most publications fall into the following broad categories:

Online legal databases

Online legal research services such as Westlaw , LexisNexis , JSTOR , EBSCOhost , or HeinOnline are a good source of journal articles and as a repository of legislation, case law, law reports, newspaper and magazine articles, public records, and treatises.

Journal articles

These provide more recent discussions than textbooks. Peer-reviewed journals are the gold standard for academic quality. Having at least some journal articles in your literature review is almost always required. Note that the lead time on journal articles is often up to two years, so they may not be sufficiently up to date for fast-moving areas. Look for special issues of journals, as these usually focus on a particular topic and you may find that they are more relevant to your area of research.

Many law schools host journals that contain articles by academics and students; these may also be of interest. Other sources could include online newspapers such as  The Conversation  which are sourced from academia and designed to highlight current academic research or respond to current events.

Conference literature

Academic conferences are meetings in which groups of academics working in a particular area meet to discuss their work. Delegates usually write one or more papers that are then collected into a volume or special edition of a journal. Conference proceedings can be quite good in providing a snapshot of a topic, as they tend to be quite focused. Looking at the authors of the papers can also give you an idea of who the key names in that area are. The quality varies widely, both in terms of the material published and how it is presented. Most conferences include some professional researchers, some of whom can be contacted, and lots of students. Conference papers are often refereed but usually not to the same level as journal articles.

Having conference papers in your literature review does lend academic credibility, especially in rapidly developing areas, and conference papers generally contain the preliminary work that eventually forms journal articles.

Textbooks are good for identifying established, well-understood concepts and techniques, but are unlikely to have enough up-to-date research to be the main source of literature. Most disciplines, however, have a collection of canonical reference works that you should use to ensure you are implementing standard terms or techniques correctly. Textbooks can also be useful as a starting point for your literature search as you can investigate journal articles or conference papers that have been cited. Footnotes are a rich source of preliminary leads.

Law magazines

These can be useful, particularly for projects related to the role of lawyers. Be aware of the possibility of law firm bias (for example in labour law towards employers, employee rights, or trade unions) or articles that are little more than advertisements. Examples of professional journals include the  SA ePublications (Sabinet), De Rebus - SA Attorneys' Journal ,  etc . Most jurisdictions have some form of a professional journal.

Government and other official reports

There is a wide range of publications, including ‘white papers', official reports, census, and other government-produced statistical data that are potentially useful to the researcher. Be aware of the possibility of political or economic bias or the reflection of a situation that has since changed.

Internal company or organisation reports/Institutional repository

These may be useful in a few situations but should be used sparingly, particularly if they are not readily available to the wider community of researchers. They will also not have been through a process of academic review. Such unpublished or semi-published reports are collectively called ‘grey literature.

Manuals and handbooks

These are of limited relevance, but may be useful to establish current techniques, approaches, and procedures.

Specialist supplements from quality newspapers can provide useful up-to-date information, as can the online versions of the same papers. Some newspapers provide a searchable archive that can provide a more general interest context for your work.

The worldwide web

This is widely used by lawyers today. According to the 2011 American Bar Association Report, 84.4% of attorneys turn to online sources as their first step in legal research (Lenhart, 2012, p. 27). It is an extremely useful source of references, particularly whilst carrying out an initial investigation. Although sites such as Wikipedia can be very helpful for providing a quick overview of particular topics and highlighting other areas of research that may be connected to your own, they should  not  usually be included in your review as they are of variable quality and are open to very rapid change. Treat the information you find on the internet with appropriate care. Be very careful about the source of information and look carefully at who operates the website.

Personal communications

Personal communications such as (unpublished) letters and conversations are not references. If you use such comments (and of course, you should respect the confidence of anyone you have discussed your work with), you should draw attention to the fact that you are quoting someone and mark it as ‘personal communication’ in the body of the text. Responses you might obtain from, for example, interviews and questionnaires as part of your research should be reported as data obtained through primary research.

It is crucial that most of your literature should come from peer-reviewed materials, such as journal articles. The point of peer reviewing is to increase quality by ensuring that the ideas presented seem well-founded to other experts in the topic. Conference papers are generally peer-reviewed, although the review process is usually less stringent, and so the standing of conference papers is not the same as for journals. Books, magazines, newspapers, and websites (including blogs, wikis, corporate sites, etc.) are not subject to peer review, and you should treat them with appropriate caution. Also, treat each publication on its merits; it is more helpful to use a good conference paper than a poor journal paper. Similarly, it is acceptable to refer to a well-written blog by a knowledgeable and well-known author provided that you supply appropriate context. In all these cases, the important thing is that you interpret the work correctly.

You will have undertaken legal research and developed your research skills as you prepared for earlier assignments. A literature review builds on this. You may, however, be wondering where to start. One technique is to use an iteration of five stages to help you with your early research.

The five stages are: planning, searching, gathering, analysing and comparing.

Following these stages will provide you with a systematic approach to gathering and analysing literature in your chosen topic of study; this will ensure that you take a critical approach to the literature.

To undertake an effective review of the literature on your chosen topic you will need to plan your review carefully. This includes setting aside enough time in which to undertake your review. In planning there are several aspects you need to think about:

• What sources of information are most relevant to your chosen research question?
• What gaps in knowledge have you identified in your chosen topic and used as a basis for your research question?
• What search terms will you use and how will you refine these?
• How will you record your sources?
• How will you interrogate those sources?
• How will you continue to review the literature as you progress with your research in order to keep as up-to-date as possible?
• Are you able to easily access all the sources you need?
• What arrangements may you need to make to access any hard copy materials?
• Will you join one of the legal alert services to keep you abreast of changes in your chosen topic (such as new court judgments)?
• What notes of progress will you record in your research diary?

Spending time thinking about all aspects of the literature review, planning your time, and setting yourself targets will help to keep your research on track and will enable you to record your progress and any adjustments you make, along with the reasons for those adjustments.

This section is designed to provide you with some reminders in relation to searching, choosing search terms and some ideas about where to start in undertaking a literature review.

Where to start

The best places to start are likely to be a legal database (or law library) and Google Scholar. Many students and academics now use Google Scholar as one of their ‘go to’ tools for scholarly research. It can be helpful to gain an overview of a topic or to gain a sense of direction, but it is not a substitute for your own research of primary and secondary sources.

Having gained an overview from your initial search through browsing general collections of documents, you will then need to undertake a more detailed search to find specific documents. Identifying relevant scholarly articles and following links in footnotes and bibliographies can be helpful as you continue your search for relevant information.

One of the decisions you will have to make is when to stop working on your literature review and your research, and when to start writing up your dissertation. This will be determined by the material you gather and the time constraints you are working on.

Selecting resources

One starting point may be to locate a small number of key journal papers or articles; for a draft outline proposal for your research, you might have around four to six of these, accumulating more as you develop the research subsequently. Aim for quality, not quantity. Look for relevant and recent publications. Most of your references will typically not be more than four years old, although this does depend on your field of study. You will need quite a few more in due course to cover other aspects of your research such as methods and evaluation, but at this stage, you need only a few recent items.

While reading these documents, aim to identify the key issues that are essential to your research question, ideally around four to six.

Compare and contrast the literature, looking for commonalities, agreements, and disagreements and for problem identification and possible answers. Then write up your analysis of the comparison and any conclusions you might reach. The required outcome will be that you can make an informed decision about how to proceed with your primary research, based on the work carried out by other researchers.

Note that ultimately there are no infallible means of assessing the value of a given reference. Its source may be a useful indication, but you have to use your judgment about its value for your research.

Reviewing your sources

Skim read each document to decide whether a book or paper is worth reading in more depth. To do this you need to make use of the various signposts that are available from the:

• notes on a book’s cover can help situate the content
• abstract (for a paper), or the preface (for a book)
• contents page
• introduction
• conclusions
• references section (sometimes called the ‘bibliography’)

In your record, make a brief note (one or two sentences) of the main points.

Next, skim through the opening page of each chapter, or the first paragraph of each section. This should give you enough information to assess whether you need to read the book or paper in more depth, again make a suitable note against that record.

Reading in more detail: SQ3R

If you have decided to look in more detail at a source document that you have to skim read, you can use the well-known ‘SQ3R’ approach (Skimming, Questioning, Reading, Recalling, and Reviewing).

1. Skimming – skim reading the chapter or part of the paper that relates to your topic, or otherwise interests you.

2. Questioning – develop a few questions that you consider the text might answer for you. You can often use journal, chapter, or section titles to help you formulate relevant questions. For example, when studying a journal article with the title, ‘Me and my body: the relevance of the distinction for the difference between withdrawing life support and euthanasia’, you might ask, ‘How is the distinction between withdrawing life support and euthanasia drawn?’

3. Reading – read through the chapter, section, or paper with your questions in mind. Do not make notes at this stage.

4. Recalling – make notes on what you have read. You should normally develop your own summary or answers to your questions. There will also be short passages that you may want to note fully, perhaps to use as a quotation for when you write up your literature review. Be sure to note carefully the page(s) on which the quotation appears.

5. Reviewing – check through the process, perhaps flicking through the section or article again. It is also worth emphasising that if you maintain your reference list as you go along, not only will you save yourself a lot of work in later stages of the research, but you will also have all the necessary details to hand for writing up with fewer mistakes.

(adapted from Blaxter et al., 1996, p. 114)

There is no doubt that this approach takes considerably more effort than sitting back and studying a text passively. The benefit from the extra work involved in the development of a critical approach, which you must adopt for your research.

Following citations in a paper

When you have found (and read) your first couple of papers, you can then use them to seed your search for other useful literature. In this case, we will use this example:

When we looked at the references list in Suppon, J. F. (2010) ‘Life after death: the need to address the legal status of posthumously conceived children',  Family Court Review , vol. 48, no. 1, pp. 228–45, a couple of items, going only by the titles, looked promising:

• Doucettperry, Major M. (2008) ‘To Be Continued: A Look at Posthumous Reproduction As It Relates to Today’s Military’,  The Army Lawyer , no. 420, pp. 1–22.
• Karlin, J. H. (2006) ‘“Daddy, Can you Spare a Dime?”: Intestate Heir Rights of Posthumously Conceived Children’,  Temple Law Review , vol. 79, no. 4, pp. 1317–54.

These are simply the papers that we felt looked most appropriate from the references. There is no formula for determining the best paper; you simply need to read a few and try to develop a feel for which seem the most appropriate for your own research project. You should only be citing papers that contribute to your research in a significant way, or that you have included material from; not everything that you read (and discarded) along the way.

Recording your references

We strongly suggest that you establish a recording system at the outset when you begin your research and keep maintaining records in an organised and complete manner as you progress. You need to choose a consistent method of recording your references; this is a personal choice and can be paper-based or electronic. Do not be tempted to have more than one method or repository as this can lead to confusion and unnecessary extra work. There are software tools available that can help you to both organise your references and incorporate them into your written work. Always keep a backup copy of your records.

The following is a suggestion as to how you might record any document that you think you may use.

Open a new record, and record the basic details:

• author(s), including initials
• date of publication
• title of work or article.

Additionally, for books:

• place of publication
• page numbers of relevant material.

Additionally, for journal papers:

• journal name
• volume and issue number
• page range of the whole article.

‘How many references are needed to make a good literature review?’ There is no straightforward answer to this. In general, an appropriate number of references would be in the range of 15 to 25, with around 20 being typical. However, this is not hard and fast and will depend on the topic and research question chosen.

The crucial thing is to aim for  quality  and  relevance ; there is no credit to be gained from amassing a lengthy list of material, even if it all appears to be relevant. Part of your task is to select a range of references that is appropriate for the length and scope of your research project. It is easier, and more conducive to good research, to handle a smaller number of references specifically chosen to support your argument. Remember also that in general, a student whose research project contained a smaller number of references would generally be expected to demonstrate a deeper and  more critical  understanding of those references.

A colleague once commented on a student’s work in the following vein: ‘I don’t really need you to tell me what the author thinks since I can read her thoughts myself, but I do want to know what  you  think about what the author thinks’. Literature reviews are not a description of what has been written by other people in a particular field, they should be a discussion of what you think of what they have written, and how it helps clarify your own thinking.

This is why critical judgement is so important for your literature review. You must exercise critical judgement when determining which sources to read in-depth, and when evaluating the argument they put forward. Finally, critical judgement is important in communicating how those arguments might frame your research. It should not be a narrative of what you have read and the stories those sources tell. It should be sparing in its description of others’ arguments, and expansive in how those arguments have shaped your own thinking.

You need to exercise critical judgement as to which resources are the most useful and worthy of discussion. Having done this, you also need to ensure that your review is analytical rather than descriptive. A critical review extracts elements from the resource that directly relate to the chosen research interest; it debates them, or compares and contrasts them with how other resources have analysed them. A critical examination of the literature should allow you to develop your understanding of your research question. It should guide you to what knowledge you will need to answer your research question, and begin to develop some subsidiary questions. This will break the content down into more manageable and achievable segments of knowledge that you require.

Some elements of a good critical literature review are:

• relating different writings to each other, indicating their differences and contradictions, and highlighting what they lack
• understanding the values and theories that inform, and colour, reading and writing
• viewing research writing as an environment of contested views and positions
• placing the material in the context of your own research.

An excellent way to critically analyse a document is to use the PROMPT system. The PROMPT system indicates what factors you should consider when evaluating a document. PROMPT stands for:

• Presentation – is the publication easy to read?
• Relevance – how will the publication help address your research aim?
• Objectivity – what is the balance between evidence and opinion? Does the evidence seem balanced? How was the research funded?
• Method – was the research in the publication carried out appropriately?
• Provenance – who is the author and how was the document published?
• Timeliness – is the publication still relevant, or has it been superseded?

By thinking about each of these factors when you read a publication in-depth, you will be able to provide a deeper, more critical analysis of each publication. A final tip for critical reading is to note down your overall impressions and any questions you still have at the end. Keeping a list of such open questions can help you identify the gaps in the literature by noticing which questions were raised, but not answered, by the publication; this, in turn, will guide your research.

In the planning stage, you thought about the gaps in existing knowledge you had identified, and which you then used as a basis to develop your research question. Through the work, you undertook in the earlier stages of your literature review you have a clear understanding of the existing work within the topic. At this point, a comparison of the results of your literature review, with the gaps you had previously identified, will enable you to reflect, and consider, whether you now have enough knowledge to address those gaps. You can then evaluate whether you need to further refine your literature review.

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Systematic literature review.

Last update: December 10, 2020

‘Literature review’ can refer to a portion of a research article in which the author(s) describe(s) or summarizes a body of literature which is relevant to their article. ‘Literature review’ can also refer to a methodological approach in which a selection of existing literature is collected and analyzed in order to answer a specific question. One approach to doing this type of literature review is called a ‘systematic literature review’ (SLR).

When conducting an SLR, the researcher creates a set of rules or guidelines prior to beginning the review. These rules determine the characteristics of the literature to be included and the steps to be followed during the research process. Creating these rules helps the researcher by narrowing down the focus of their project and the scope of the literature to be included, and they aid in making the research methodology transparent and replicable.

There are many different ways that an SLR can be used in socio-legal research. For example, an SLR can be used to show the impact of a certain law or policy (Loong e.a. 2019), uncover patterns across literature (e.g. perpetrator characteristics) (Alleyne & Parfitt 2017), outline crime prevention strategies that are currently in place (Gorden & Buchanan 2013), describe to what extent a problem is understood or researched (Krieger 2013), point out the gaps in the current research (Urinboyev e.a. 2016), or identify potential areas for future research. Various types of documents may be included in an SLR such as court transcripts, academic literature, news articles, NGO reports or government documents.

The first step for starting your SLR is creating a research journal in which you will write down your SLR rules and keep track of your daily activities. This will help you keep a timeline of your project, keep track of your decision making process, and maintain the transparency and replicability of your research. The next step is determining your research question. When you have your research question, you can create the inclusion and exclusion criteria or the characteristics that literature must or must not have to be included in your SLR. The key question is “what kind of information is needed to answer the research question?” It is necessary to explain why the criteria were selected. After this, you can begin searching for and collecting literature which meets your inclusion criteria. Different databases and sources of literature (e.g. academic journals or newspapers) will yield different search results, so it may be helpful to do trial searches to see which sources provide the most relevant literature for your project. Once you have collected all of your literature, you can begin reading and analyzing the literature.

There are various research tools that can aid you in conducting your SLR such as qualitative data analysis software (e.g. ATLAS.ti) or reference manager software (e.g. Mendeley). Determine which programs to use based on your personal preference and your research project.

Fink, A. (2014). Conducting Research Literature Reviews: From the Internet to Paper. Los Angeles, CA: SAGE.

Hagen-Zanker, J. & Mallet, R. (2013). How to do a Rigorous, Evidence Focused Literature Review in International Development: A Guidance Note. Working paper Overseas Direct Investment.

Oliver, S., & Sutcliffe, K. (2012). Describing and analysing studies. Gough, D. A. & Oliver, S. In An Introduction to Systematic Reviews. London, UK. SAGE.

Pittaway, L. (2008). Systematic Literature Reviews. Thorpe, R. & Holt, R. In T he Sage Dictionary of Qualitative Management Research . London, UK. SAGE.

Siddaway, A. (2014). What Is a Systematic Literature Review and How Do I Do One?

Snel, M. & de Moraes, J. (2018). Doing a Systematic Literature Review in Legal Scholarship. The Hague, NL. Eleven International Publishing.

Interactive Learning Module 1: Introduction to Conducting Systematic Reviews

Alleyne, E. & Parfitt, C. (2017). Adult-Perpetrated Animal Abuse: A Systematic Literature Review. Trauma, Violence & Abuse. Vol. 20. No. 3. Pp. 344-357.

Example of a systematic literature review.

Brown, R. T. (2010). Systematic Review of the Impact of Adult Drug-Treatment Courts. Translational Research . Vol. 155. No 6. Pp. 263-274.

Gorden, C., & Buchanan, J. (2013). A Systematic Literature Review of Doorstep Crime: Are the Crime-Prevention Strategies More Harmful than the Crime? The Howard Journal . Vol. 52. No. 5. Pp. 498-515.

Krieger, M. A. (2016). Unpacking “Sexting”: A Systematic Review of Nonconensual Sexting in Legal, Educational, and Psychological Literatures. Trauma, Violence & Abuse . Vol. 18. No. 5. Pp. 593-601.

Loong, D., Bonato, S., Barnsley, J., & Dewa, C. S. (2019). The Effectiveness of Mental Health Courts in Reducing Recidivism and Police Contact: A Systematic Review. Community Mental Health Journal. Vol. 55. No. 7 Pp. 1073-1098.

Urinboyev, R., Wickenberg, P., & Leo, U. (2016). Child Rights, Classroom, and Social Management: A Systematic Literature Review. The International Journal of Children’s Rights. Vol. 24. No. 3. Pp. 522-547.

It is unlikely that law researchers will be conducting systematic reviews, however you may need to conduct a literature review.

Applying systematic searching skills and techniques can also help shape and improve your research.

Below are some resources that can inform and guide law researchers with literature reviews and systematic research.

Key resources

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Writing a research proposal

As part of the process of applying for a research degree, you will need to prepare an outline of your proposed research. 

Please see our guidance on what to include below, including word count:

*Word count excludes footnotes. 

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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• What is a Literature Review? | Guide, Template, & Examples

What is a Literature Review? | Guide, Template, & Examples

Published on 22 February 2022 by Shona McCombes . Revised on 7 June 2022.

What is a literature review? A literature review is a survey of scholarly sources on a specific topic. It provides an overview of current knowledge, allowing you to identify relevant theories, methods, and gaps in the existing research.

There are five key steps to writing a literature review:

• Search for relevant literature
• Evaluate sources
• Identify themes, debates and gaps
• Outline the structure
• Write your literature review

A good literature review doesn’t just summarise sources – it analyses, synthesises, and critically evaluates to give a clear picture of the state of knowledge on the subject.

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Table of contents

Why write a literature review, examples of literature reviews, step 1: search for relevant literature, step 2: evaluate and select sources, step 3: identify themes, debates and gaps, step 4: outline your literature review’s structure, step 5: write your literature review, frequently asked questions about literature reviews, introduction.

• Quick Run-through
• Step 1 & 2

When you write a dissertation or thesis, you will have to conduct a literature review to situate your research within existing knowledge. The literature review gives you a chance to:

• Demonstrate your familiarity with the topic and scholarly context
• Develop a theoretical framework and methodology for your research
• Position yourself in relation to other researchers and theorists
• Show how your dissertation addresses a gap or contributes to a debate

You might also have to write a literature review as a stand-alone assignment. In this case, the purpose is to evaluate the current state of research and demonstrate your knowledge of scholarly debates around a topic.

The content will look slightly different in each case, but the process of conducting a literature review follows the same steps. We’ve written a step-by-step guide that you can follow below.

Prevent plagiarism, run a free check.

Writing literature reviews can be quite challenging! A good starting point could be to look at some examples, depending on what kind of literature review you’d like to write.

• Example literature review #1: “Why Do People Migrate? A Review of the Theoretical Literature” ( Theoretical literature review about the development of economic migration theory from the 1950s to today.)
• Example literature review #2: “Literature review as a research methodology: An overview and guidelines” ( Methodological literature review about interdisciplinary knowledge acquisition and production.)
• Example literature review #3: “The Use of Technology in English Language Learning: A Literature Review” ( Thematic literature review about the effects of technology on language acquisition.)
• Example literature review #4: “Learners’ Listening Comprehension Difficulties in English Language Learning: A Literature Review” ( Chronological literature review about how the concept of listening skills has changed over time.)

You can also check out our templates with literature review examples and sample outlines at the links below.

Download Word doc Download Google doc

Before you begin searching for literature, you need a clearly defined topic .

If you are writing the literature review section of a dissertation or research paper, you will search for literature related to your research objectives and questions .

If you are writing a literature review as a stand-alone assignment, you will have to choose a focus and develop a central question to direct your search. Unlike a dissertation research question, this question has to be answerable without collecting original data. You should be able to answer it based only on a review of existing publications.

Make a list of keywords

Start by creating a list of keywords related to your research topic. Include each of the key concepts or variables you’re interested in, and list any synonyms and related terms. You can add to this list if you discover new keywords in the process of your literature search.

• Social media, Facebook, Instagram, Twitter, Snapchat, TikTok
• Body image, self-perception, self-esteem, mental health
• Generation Z, teenagers, adolescents, youth

Search for relevant sources

Use your keywords to begin searching for sources. Some databases to search for journals and articles include:

• Your university’s library catalogue
• Google Scholar
• Project Muse (humanities and social sciences)
• Medline (life sciences and biomedicine)
• EconLit (economics)
• Inspec (physics, engineering and computer science)

You can use boolean operators to help narrow down your search:

Read the abstract to find out whether an article is relevant to your question. When you find a useful book or article, you can check the bibliography to find other relevant sources.

To identify the most important publications on your topic, take note of recurring citations. If the same authors, books or articles keep appearing in your reading, make sure to seek them out.

You probably won’t be able to read absolutely everything that has been written on the topic – you’ll have to evaluate which sources are most relevant to your questions.

For each publication, ask yourself:

• What question or problem is the author addressing?
• What are the key concepts and how are they defined?
• What are the key theories, models and methods? Does the research use established frameworks or take an innovative approach?
• What are the results and conclusions of the study?
• How does the publication relate to other literature in the field? Does it confirm, add to, or challenge established knowledge?
• How does the publication contribute to your understanding of the topic? What are its key insights and arguments?
• What are the strengths and weaknesses of the research?

Make sure the sources you use are credible, and make sure you read any landmark studies and major theories in your field of research.

You can find out how many times an article has been cited on Google Scholar – a high citation count means the article has been influential in the field, and should certainly be included in your literature review.

The scope of your review will depend on your topic and discipline: in the sciences you usually only review recent literature, but in the humanities you might take a long historical perspective (for example, to trace how a concept has changed in meaning over time).

Remember that you can use our template to summarise and evaluate sources you’re thinking about using!

Take notes and cite your sources

As you read, you should also begin the writing process. Take notes that you can later incorporate into the text of your literature review.

It’s important to keep track of your sources with references to avoid plagiarism . It can be helpful to make an annotated bibliography, where you compile full reference information and write a paragraph of summary and analysis for each source. This helps you remember what you read and saves time later in the process.

You can use our free APA Reference Generator for quick, correct, consistent citations.

To begin organising your literature review’s argument and structure, you need to understand the connections and relationships between the sources you’ve read. Based on your reading and notes, you can look for:

• Trends and patterns (in theory, method or results): do certain approaches become more or less popular over time?
• Themes: what questions or concepts recur across the literature?
• Debates, conflicts and contradictions: where do sources disagree?
• Pivotal publications: are there any influential theories or studies that changed the direction of the field?
• Gaps: what is missing from the literature? Are there weaknesses that need to be addressed?

This step will help you work out the structure of your literature review and (if applicable) show how your own research will contribute to existing knowledge.

• Most research has focused on young women.
• There is an increasing interest in the visual aspects of social media.
• But there is still a lack of robust research on highly-visual platforms like Instagram and Snapchat – this is a gap that you could address in your own research.

There are various approaches to organising the body of a literature review. You should have a rough idea of your strategy before you start writing.

Depending on the length of your literature review, you can combine several of these strategies (for example, your overall structure might be thematic, but each theme is discussed chronologically).

Chronological

The simplest approach is to trace the development of the topic over time. However, if you choose this strategy, be careful to avoid simply listing and summarising sources in order.

Try to analyse patterns, turning points and key debates that have shaped the direction of the field. Give your interpretation of how and why certain developments occurred.

If you have found some recurring central themes, you can organise your literature review into subsections that address different aspects of the topic.

For example, if you are reviewing literature about inequalities in migrant health outcomes, key themes might include healthcare policy, language barriers, cultural attitudes, legal status, and economic access.

Methodological

If you draw your sources from different disciplines or fields that use a variety of research methods , you might want to compare the results and conclusions that emerge from different approaches. For example:

• Look at what results have emerged in qualitative versus quantitative research
• Discuss how the topic has been approached by empirical versus theoretical scholarship
• Divide the literature into sociological, historical, and cultural sources

Theoretical

A literature review is often the foundation for a theoretical framework . You can use it to discuss various theories, models, and definitions of key concepts.

You might argue for the relevance of a specific theoretical approach, or combine various theoretical concepts to create a framework for your research.

Like any other academic text, your literature review should have an introduction , a main body, and a conclusion . What you include in each depends on the objective of your literature review.

The introduction should clearly establish the focus and purpose of the literature review.

If you are writing the literature review as part of your dissertation or thesis, reiterate your central problem or research question and give a brief summary of the scholarly context. You can emphasise the timeliness of the topic (“many recent studies have focused on the problem of x”) or highlight a gap in the literature (“while there has been much research on x, few researchers have taken y into consideration”).

Depending on the length of your literature review, you might want to divide the body into subsections. You can use a subheading for each theme, time period, or methodological approach.

As you write, make sure to follow these tips:

• Summarise and synthesise: give an overview of the main points of each source and combine them into a coherent whole.
• Analyse and interpret: don’t just paraphrase other researchers – add your own interpretations, discussing the significance of findings in relation to the literature as a whole.
• Critically evaluate: mention the strengths and weaknesses of your sources.
• Write in well-structured paragraphs: use transitions and topic sentences to draw connections, comparisons and contrasts.

In the conclusion, you should summarise the key findings you have taken from the literature and emphasise their significance.

If the literature review is part of your dissertation or thesis, reiterate how your research addresses gaps and contributes new knowledge, or discuss how you have drawn on existing theories and methods to build a framework for your research. This can lead directly into your methodology section.

A literature review is a survey of scholarly sources (such as books, journal articles, and theses) related to a specific topic or research question .

It is often written as part of a dissertation , thesis, research paper , or proposal .

There are several reasons to conduct a literature review at the beginning of a research project:

• To familiarise yourself with the current state of knowledge on your topic
• To ensure that you’re not just repeating what others have already done
• To identify gaps in knowledge and unresolved problems that your research can address
• To develop your theoretical framework and methodology
• To provide an overview of the key findings and debates on the topic

Writing the literature review shows your reader how your work relates to existing research and what new insights it will contribute.

The literature review usually comes near the beginning of your  dissertation . After the introduction , it grounds your research in a scholarly field and leads directly to your theoretical framework or methodology .

Cite this Scribbr article

If you want to cite this source, you can copy and paste the citation or click the ‘Cite this Scribbr article’ button to automatically add the citation to our free Reference Generator.

McCombes, S. (2022, June 07). What is a Literature Review? | Guide, Template, & Examples. Scribbr. Retrieved 15 April 2024, from https://www.scribbr.co.uk/thesis-dissertation/literature-review/

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Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises

Legal encyclopedias, law review articles, american law reports, restatement drafts, getting help, introduction.

Secondary sources are a great place to begin your research . Although the primary sources of law--case law, statutes, and regulations--establish the law on a given topic, it is often difficult to quickly locate answers in them. Secondary sources often explain legal principles more thoroughly than a single case or statute, so using them can help you save time . Secondary sources also help you avoid unnecessary research, since you're tapping into work that someone else has already done on an issue.

Secondary sources include:

• Legal encyclopedias
• American Law Reports (ALR)
• Law review articles

Restatements

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

This guide provides a basic overview of each source, including their strengths and why you might use them, as well as tips on finding, using, and citing them.

This guide is based on material written by Deanna Barmakian.

This guide is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License .

You may reproduce any part of it for noncommercial purposes as long as credit is included and it is shared in the same manner. 

Intro to Legal Encyclopedias

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

There are two main legal encyclopedias in the United States that are national in scope. They are useful, but not well-suited for jurisdiction specific research.

State legal encyclopedias provide background and explanations of state legal topics. Not every state has a legal encyclopedia. Depth of coverage and quality vary. State encyclopedia articles are updated irregularly.

Electronic versions of the encyclopedias are updated directly. If using a print encyclopedia, always remember to check the pocket parts for any updates.

National Legal Encyclopedias

• American Jurisprudence 2d (AmJur) Reading Room KF 154.A42 Am Jur 2d articles summarize broad principles of U.S. law and provide citations to cases, statutes, rules, forms, and A.L.R. annotations. A six-volume general index is located at KF 154.A42. Topical indexes are located in the last volume of every topic.
• American Jurisprudence Available on Lexis
• American Jurisprudence on Westlaw
• Corpus Juris Secundum (CJS) Reading Room KF 154.C56 This 152-volume set is arranged into approximately 400 topics. Articles within topics begin with a general rule of law and are followed by the exceptions and qualifications to that general rule. A four-volume general index is located at KF 154.C56. There are also individual indexes for each major topic.
• Corpus Juris Secundum on Westlaw CJS is not available on Lexis.

State Legal Encyclopedias

Legal encyclopedias are listed alphabetically by state. Electronic versions are included only if they are comprehensive in scope.

For a few states, Westlaw offers a practice series that contains selective coverage of state law, usually covering a few major topics and information useful to litigators. To find them, browse the Westlaw directory by U.S. State Materials > Other U.S. States > State name >  Forms, Treatises, CLEs, and Other Practice Materials, then browse the page for "practice series."

• California Jurisprudence 3d Reading Room KFC 80 .C29
• Summary of California Law Reading Room KFC 80 .W5
• California Jurisprudence 3d (Westlaw)
• Summary of California Law (Lexis) Available on Lexis
• Summary of California Law (Westlaw)
• Colorado Law Annotated 2d Reading Room KFC 1880 .P76
• Florida Jurisprudence 2d Reading Room KFF 80 .F56
• Florida Jurisprudence 2d (Lexis) Available on Lexis
• Florida Jurisprudence 2d (Westlaw)
• Georgia Jurisprudence Reading Room KFG 80 .G45
• Georgia Jurisprudence (Westlaw)
• Illinois Law and Practice Reading Room KFI 1265 .I44x
• Illinois Jurisprudence (Lexis) Available on Lexis
• Illinois Law and Practice (Westlaw)
• Indiana Law Encyclopedia Reading Room KFI 3065 .W44
• Indiana Law Encyclopedia (Westlaw)
• Louisiana Civil Law Treatise Reading Room, KFL 92 - 583 (call numbers vary)
• Louisiana Civil Law Treatise (Westlaw)
• Maryland Law Encylopedia Reading Room KFM 1265 .W4x
• Maryland Law Encyclopedia (Westlaw)
• Michigan Law and Practice Encyclopedia Reading Room KFM 4265 .M63x
• Michigan Law and Practice (Lexis) Available on Lexis
• Michigan Civil Jurisprudence (Westlaw)
• Dunnell Minnesota Digest (Lexis) Available on Lexis
• Encyclopedia of Mississippi Law Reading Room KFM 6665 .E53x
• Summary of Mississippi Law Reading Room KRM 6665 .G7
• New Hampshire Practice Reading Room KFN 1280 .N48
• New Jersey Practice Reading Room KFN 1880 .N4
• New Jersey Practice (Westlaw)
• New York Jurisprudence 2d Reading Room KFN 5065 .N48
• New York Jurisprudence 2d (Lexis) Available on Lexis
• New York Jurisprudence 2d (Westlaw)
• Strong's North Carolina Index Reading Room KFN 7445 .6 .S82
• Strong's North Carolina Index (Westlaw)
• Ohio Jurisprudence 3d Reading Room KFO 65 .O35
• Ohio Jurisprudence 3d (Lexis) Available on Lexis
• Ohio Jurisprudence 3d (Westlaw)
• Pennsylvania Law Encyclopedia Reading Room KFP 65 .P46x
• Pennsylvania Law Encyclopedia (Lexis) Available on Lexis
• Summary of Pennsylvania Jurisprudence 2d (Westlaw)
• South Carolina Jurisprudence Reading Room KFS 1865 .S68x
• South Carolina Jurisprudence (Westlaw)
• Tennessee Jurisprudence Reading Room KFT 65 .T46
• Tennessee Jurisprudence (Lexis) Available on Lexis
• Texas Jurisprudence 3d Reading Room KFT 1265 .T49
• Texas Jurisprudence 3d (Lexis) Available on Lexis
• Texas Jurisprudence 3d (Westlaw)
• Michie's Jurisprudence of Virginia and West Virginia Reading Room KFV 2465 .M52
• Michie's Jurisprudence of Virginia and West Virginia (Lexis) Available on Lexis

How to Cite Legal Encyclopedias

See Bluebook B8.15 and Rule 15.8.

Quick example:

17 AM. JUR. 2d Contracts § 74 (1964).

Intro to Treatises

Treatises , not to be confused with treaties , are book-length expositions on the law as it pertains to a particular subject. Treatises may be scholarly in nature, such as Blackstone’s Commentaries on the Law , or they may be geared toward a legal practitioner, such as a manual or handbook.

A legal treatise may be a short, single volume or a large, multivolume set. Many are available electronically as well as in print. Different kinds of treatises have different purposes:

Legal hornbooks are designed as teaching tools for law students. Hornbooks provide more detailed treatments of particular areas of law than an encyclopedia or ALR entry. They generally contain summaries of landmark cases and other useful details.

Nutshells provide an overview of a legal topic without the detailed analysis or extensive case referencing found in other treatises.

Some treatises are designed to serve as practitioners’ tools. These works tend to address realistic legal problems and often provide useful features for practicing lawyers, such as forms and tables.

Looseleaf services are an example of treatises designed to serve as tools for practitioners. Such works address realistic legal problems and often provide useful features for practicing lawyers, such as forms and tables. Looseleaf services are frequently supplemented treatises--hence the looseleaf binder format that enables single pages to be easily updated without republishing the entire volume--that often contain primary legal sources and finding aids in addition to secondary analytical material, making them an invaluable resource if one exists for your topic.

Still other treatises are designed to serve as self-help publications for the public, such as those published by Nolo Press .

Finding treatises

There are several ways to locate legal treatises:

• Use the HLS Library Guide to Legal Treatises by Subject for librarian-recommended treatises in many areas of law
• Do a keyword or subject search in Hollis , Hollis Classic , or another library catalog . Use the expanded search or facets to limit your search to the law school library.
• Ask a research librarian to help you locate treatises on your topic
• Consult reference sources that review treatises by subject such as:

The Legal Information Buyer's Guide and Reference Manual by Ken Svengalis Legal Information: How to Find It, How to Use It by Kent C. Olson (note: this guide does not include single volume works) Legal Looseleafs in Print by Arlene Eis

Using treatises

Using legal treatises is like using any non-law book with a few special advisories.

First, as with any book, use the table of contents and the index to quickly locate relevant sections .

Second, remember that for a publication to provide reliable coverage of contemporary issues, it must be updated regularly and accurately to reflect any changes in the law . Updating may happen through the addition of pocket parts (which are usually tucked in a pocket in the back cover of a volume), by updated pages in a looseleaf, or periodic republication or an entire volume. Researchers should always make sure they are working with the most current edition of the treatise and be sure to consult pocket parts.

Third, while many treatises are still only available in print, more treatises are becoming available online . For example, major treatises on insurance law are available in both Lexis and Westlaw. Electronic versions of treatises allow for full text searching, which can be valuable for research. For more focused search results, consider narrowing your search to relevant sections, if possible. In many cases, you can still access the tables of contents and indexes to help locate chapters or sections of interest.

Remember that you can (and should!) check to see how current the electronic text is by clicking the I link next to the title of the treatise to see how regularly it is updated and when the last update took place.

How to Cite Treatises

See Bluebook Rule 15.

RICHARD H. FALLON, JR. ET AL., HART AND WECHSLER'S THE FEDERAL COURTS AND THE FEDERAL SYSTEM 330 (5th ed. 2003).

Intro to Law Review Articles

Law review or journal articles are another great secondary source for legal research, valuable for the depth in which they analyze and critique legal topics, as well as their extensive references to other sources, including primary sources.

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, as well as comments, notes, or developments in the law written by students. Law review articles often focus on new or emerging areas of law and they can offer more critical commentary than a legal encyclopedia or ALR entry .

Some law reviews are dedicated to a particular topic, such as gender and the law or environmental law, and will include in their contents the proceedings of a wide range of panels and symposia on timely legal issues.

Sources of full text law review articles

These resources all provide comprehensive coverage of United States law reviews, and allow you to search the full text of the articles that they index.

• Bloomberg Law Bloomberg Law is available to all HLS students, faculty, and staff. Register with your HLS email address. Law reviews are included in Bloomberg Law's selection of secondary sources.
• HeinOnline Law Journal Library Database of full text, PDF law review articles; use advanced search to search by topic or search specific titles. HeinOnline is the most comprehensive law review articles database, as coverage begins with the first issue of each journal.
• LexisNexis U.S. Law Reviews and Journals, Combined Combined full text database of United States Law Reviews and Bar Journals. Coverage begins in 1982; regular updates as received from publishers. Lexis also contains databases for Canadian law reviews articles and law review articles by jurisdiction and topic.
• Westlaw Journals & Law Reviews Journals and Law Reviews contains full text documents from law reviews and CLE materials from U.S. and Canadian based publications. Coverage varies by publication with most going back to the 1980s or 1990s.

Indexes to law reviews and journals

These resources only index articles, usually by author, title, keywords, and subject; you will have to find the full text separately. However, they provide additional ways of searching, including taking advantage of subject indexing by expert librarians, and they enable finding material that may not be found in full text databases. In most cases, there will be a link to find the article you desire at Harvard. If we do not own the journal in question, you may request the article via interlibrary loan .

• Current Index to Legal Periodicals A weekly publication by the University of Washington Library, CILP indexes the most recent law review and journal publications by subject as well as provides the tables of contents of the journals indexed. Also available on Westlaw and in print in the reference room at K 33 .C86.
• Index to Foreign Legal Periodicals IFLP indexes legal literature worldwide, covering all forms of foreign law, including comparative law and legal systems, such as Islamic law; socialist law; public and private international law; and transnational commercial law. Although Anglo-American law is not covered, British and American publications concerning foreign law are included. IFLP includes journal articles, congress reports, essay collections, yearbooks and book reviews in all languages. Coverage begins in 1985.
• Index to Legal Periodicals, Retrospective (1908 - 1981) This retrospective database indexes over 750 legal periodicals published in the United States, Canada, Great Britain, Ireland, Australia and New Zealand. Annual surveys of the laws of a jurisdiction, annual surveys of the federal courts, yearbooks, annual institutes, and annual reviews of the work in a given field or on a given topic will also be covered.
• Index to Legal Periodicals and Books (1981 - ) ILP indexes articles in over 800 legal periodicals such as law reviews, bar association journals, yearbooks, institutes, and government publications from August 1981 to the present. In 1994, ILP began indexing legal books and now indexes approximately 2,000 per year. ILP can be searched simultaneously with ILP Retrospective (see next link) through the open database selection area link.

• Index to Canadian Legal Literature (Westlaw) ICLL is a periodical index and bibliography of Canadian legal literature from 1985 to present. ICLL indexes monographs, essays, federal and provincial government publications, publications of law faculties and legal research institutes and associations, including theses, publications from the law societies and associations, legal education materials, and more. Also available in print in the reference room at KE 1 .I532 2001
• Nineteenth Century Masterfile Jones & Chipman's Index to Legal Periodical Literature covers the content of about 235 British legal periodicals and 67 Law Report titles from 1786-1937. Jones & Chipman is available as part of 19th Century Masterfile, a collection of indexes covering 19th century periodicals and newspapers. Also available in print in the Library at Reference K 33 .I53. more... less... Help Searching
• Legal Journals Index (Westlaw) Legal Journals Index provides citations to articles in over 450 legal journals published in the United Kingdom and other European countries from 1986 to the present. The index covers topics pertaining to the laws of the European Union and its member states. Citations include abstracts and links to the full-text of the article and referenced cases when available. Also available in print in the reference room at KD 59 .L44.

Working Paper Repositories

Working papers are an additional source of secondary analysis. They are frequently draft or pre-publication versions of law review articles, though you will also find published versions of articles in these databases. When citing or relying on a draft paper, be sure to carefully check its citations and request the author's permission before citing.

• SSRN Legal Scholarship Network Contains both published and working papers by law faculty, as well as scholars working in the fields of accounting, economics, financial economics, and management. Search by author and by title and abstract keywords. Most papers are available for download in pdf format.
• BePress Legal Repository Contains approximately 3000 articles and papers by law faculty.

How to Cite Law Review and Journal Articles

See Bluebook Rule 16.

Quick example: Paul Butler et. al., Race, Law and Justice: The Rehnquist Court and the American Dilemma, 45 Am. U. L. REV. 567, 569 (1996).

Intro to ALR

American Law Reports (frequently abbreviated and referred to as ALR) contains in-depth articles on narrow topics of the law. ALR articles, called annotations, provide background, analysis, and citations to relevant cases, statutes, law review articles, and other annotations .

ALR is published in series:

• two series under its original title Lawyers Reports Annotated
• eight ALR series, one through six
• two federal series

ALR annotations are not jurisdiction specific. Each annotation contains a Table of Jurisdictions to help you find relevant cases within specific states. In the federal series, the Table of Jurisdictions directs you to cases by circuit.

All ALR series continue to be updated, though not on a regular schedule. When using the set in print, always check the pocket parts for updates. ALR is also available in both Lexis and Westlaw, and the electronic versions incorporate updates into the text. ALR annotations can also be completely superceded by more recent annotations. Electronic versions will provide referrals to the superceding annotations, but in print, you should check the History Table at the end of the ALR Index to verify that your annotation has not been superceded.

Find relevant annotations by using the print indices or searching the ALR databases in Lexis or Westlaw. When using ALR electronically, it is most efficient to look for your terms in the titles of the annotations, since their titles are specific, and reflect their contents.

Finding ALR in print and online

• ALR on Westlaw Contains the full text of the annotations included in the First, Second, Third, Fourth, Fifth, Sixth, Federal, and Federal Second series of American Law Reports (ALR) and the Index to Annotations covering these series. Because West publishes ALR, this is the most comprehensive electronic version.

• The ALR Index is located in the Reading Room at KF 132.2.I53. It covers annotations written since 1948.
• The ALR Quick Index is located in the Reading Room at KF 132.6.A543. It covers major annotations from the ALR 3d series to the present.

How to Cite ALR Annotations

See Bluebook Rule 16.6.6

William B. Johnson, Annotation, Use of Plea Bargain or Grant of Immunity as Improper Vouching for Credibility of Witness in Federal Cases, 76 A.L.R. FED. 409 (1986).

Intro to Restatements

Restatements are highly regarded distillations of common law . They are prepared by the American Law Institute (ALI), a prestigious organization comprising judges, professors, and lawyers. The ALI's aim is to distill the "black letter law" from cases to indicate trends in common law, and occasionally to recommend what a rule of law should be. In essence, they restate existing common law into a series of principles or rules.

Restatements cover broad topics, such as Contracts or Property. They are organized into chapters, titles, and sections. Sections contain a concisely stated rule of law, comments to clarify the rule, hypothetical examples, explanation of purpose, as well as exceptions to the rule.

Restatements are not primary law. Due to the prestige of the ALI and its painstaking drafting process, however, they are considered persuasive authority by many courts. The most heavily cited Restatements are the Restatement of Torts and the Restatement of Contracts.

The ALI web site contains information regarding Restatement projects, ALI membership, history and institutional processes.

Finding Cases Discussing Restatements

Annotations of cases citing a Restatement section can be found in the Appendix volumes the Restatements in print. There may be one or many Appendix volumes. They are organized by Restatement series, (i.e. citations to the first Restatement, then second, etc.), then by section number. Appendices are not cumulative. The spines indicate sections and years covered. They are updated with pocket parts, cumulative annual supplements, and semiannual pamphlets called Interim Case Citations. The same case annotations are available when using the Restatements on LexisNexis or Westlaw.

You can Shepardize a Restatement section on LexisNexis using the following formats. Note that Bluebook citation format for Restatements, or permutations thereof, will not work.

• torts second sec. 46
• property second (donative transfers) sec 25.9
• conflict of laws second sec. 6
• contracts second sec. 35 cmt. d illus. 7

You can also KeyCite a Restatement section on Westlaw using the following formats. Note that KeyCite finds significantly more citing material than Shepard's for Restatements. (See the KeyCite Publications List for additional help with citation format.)

• rest agen s 1
• rest 2d contr s 3
• rest 2d prop-lt s 1.1
• rest 3d trusts-pir s 170

Current Restatements

Listed below are print editions of the Restatements and their locations in the library. Restatements are also available on both Lexis and Westlaw:

Restatements on LexisNexis Rules (along with comments, illustrations, and notes) are searchable in separate sources from case citations. This makes searching for relevant rules very efficient on LexisNexis. Case citations are linked from individual rules. Browse tables of contents or search by keyword. Restatement drafts are in separate sources from final versions of Restatements. The first series of Restatements is not available on LexisNexis.

Retreiving Restatement sections using Get a Document is not intuitive. Search for restatement in the Get a Document Citation Formats list to determine the proper format.

Restatements on Westlaw All series of Restatements are available on Westlaw. Browse tables of contents or search by keyword. Searching the Restatements on Westlaw can be problematic, because multiple series as well as selected drafts are combined into one database along with case citations to all of them, e.g. Torts first, second, and the topic-specialized Torts third series along with citations to all series are in one database. This can make keyword searching inefficient unless you use a fielded search or use the Table of Contents mode to search within a particular Restatement. Examine your search results carefully to ensure you are looking at the current version of a rule. If a rule has been superceded, there will be note above the rule text indicating this.

Retrieving Restatement sections using Find is somewhat intuitive. The format mimics the database ID. See the listed format for KeyCite below; they will also work for Find. For a complete list of Restatement retrieval formats, search the Find Publications List for restatement. 

• Agency 2d Reading Room KF 1345 .A764
• Agency 3d Reading Room KF 1345 .A764
• Conflict of Laws 2d Reading Room KF 411 .A453
• Contracts 2d Reading Room KF 801 .R47
• Foreign Relations Law of the United States 3d Reading Room KF 4651 .A748x
• Judgments 2d Reading Room KF 8990 .R48
• Law Governing Lawyers 3d Reading Room KF 300 .R47
• Property Reading Room KF 570 .A73
• Property, Donative Transfers 2d Reading Room KF 613 .R47
• Property, Landlord and Tenant 2d Reading Room KF 590 .A84
• Property, Mortgages 3d Reading Room KF 695 .R49
• Property, Servitudes 3d Reading Room KF 656 .R475x
• Property, Wills and Other Donative Transfers 3rd Reading Room KF613 .R479x
• Restitution: Quasi Contracts & Constructive Trusts Reading Room KF 1244 .R46x
• Security Reading Room KF 1050 .A745
• Suretyship and Guaranty 3d Reading Room KF 1045 .R463x
• Torts 2d Reading Room KF 1249 .A4 R47
• Torts, Apportionment of Liability 3d Reading Room KF 1249 .A4 R4774x
• Torts, Liability for Physical and Emotional Harm 3d Reading Room KF1286 .R473x
• Torts, Products Liability 3d Reading Room KF 1296 .R476x
• Trusts 2d Reading Room KF 730 .A8
• Trusts 3d Reading Room KF 730 .R4763x
• Trusts, Prudent Investor Rule 3d Reading Room KF 730 .R4725
• Unfair Competition 3d Reading Room KF 3195 .R475x

Restatements in Draft Status

For more information about the drafting process, see the Restatements Drafts sub-tab.

• Employment Law 3d (discussion draft) Reading Room KF3319 .R473x
• Restitution and Unjust Enrichment 3d (tentative draft) Reading Room KF 1244 .R463x
• Torts, Economic Torts and Related Wrongs 3d This project began in 2010; there are no drafts yet.
• U.S. Law of International Commercial Arbitration 3d

How to Cite Restatements

See Bluebook Rule 12.8.5

RESTATEMENT (THIRD) OF PROP.: DONATIVE  TRANSFERS § 2 (2000).

• Liability for Economic Harm (tentative draft) (Torts 3d)

The Drafting Process

For a short overview of the drafting process for a Restatement, see How the ALI Works .

Parties Involved

• ALI Officers: a group of approximately ten, including the Chair of the Council, President, Vice Presidents, Treasurer, Director, and Deputy Directors
• ALI Council: an elected, standing group of approximately sixty judges, professors, and lawyers
• Reporter: Head of the Restatement project appointed by the ALI Officers and Council, responsible for drafting the language of the Restatement
• Advisers: Group of professors and lawyers (usually 12-30 for a Restatement) with subject expertise appointed to advise the Reporter
• Members Consultative Group: Groups of ALI members (usually 50-75 for a Restatement) interested in the topic of a Restatement who wish to offer input
• ALI Membership: a approximately 3000 ALI members who discuss and ocasionally vote on Restatement language at annual meetings; membership gives input only near the end stages of the drafting process

Drafting Process

The following process typically takes between 9 and 21 years:

• A Reporter is appointed by the Council
• The Reporter divides the project into parts that go through the following process separately:
• The Reporter writes a preliminary draft
• The Preliminary draft is sent to the Advisers and the Members Consultative Group
• The Advisers and Members Consultative Group recommend revisions
• The Reporter, at his/her discretion, makes the revisions
• The draft goes back and forth between the Advisers and the Reporter and a series of revised preliminary drafts are made
• The Reporter and Advisers send a council draft to the Council of the Institute
• The Council suggests revisions
• The Reporter is somewhat obliged to make the suggested revisions
• The draft goes back and forth between the Advisors and the Council and a series of council drafts are made
• The Council presents a tentative draft to the ALI membership
• The draft goes back and forth between the Council and the Membership and a series of tentative drafts are made
• Issues surrounding the draft settle and a proposed final draft is usually created
• The proposed final draft (or last tentative draft) is submitted to the ALI Membership at the annual meeting
• The Membership and the Council approve the proposed final draft
• The Restatement is adopted and promulgated and the official text of the Restatement is published

Other ALI-authored works, such as Uniform Commercial Code articles, are created in a similar process. If you want assistance locating materials relating to non-Restatement ALI projects, please ask a research librarian .

TRACING THE HISTORY AND DEVELOPMENT OF RESTATEMENT SECTIONS

Legal researchers sometimes need to trace the historical development of a Restatement section, the impetus for its inclusion, which section of a prior Restatement it derived from, or how it came to be worded a certain way.

For many sections, Reporter's notes explain the development of a section, often explaining earlier versions and citations to cases that were used as the basis for the rule. Reporters notes can be found in the Appendix volumes of individual Restatements.

To trace how the text changed during the drafting process, you can compare various drafts: the tentative drafts, council drafts, preliminary drafts and proposed final drafts. Each draft has its own record in the library catalog. Use the Title Keywords search in  Hollis Classic --for example, search  restatement torts --to locate them. Drafts are also available in the microform set Archive Publications described below.

Some Restatement volumes contain conversion tables. These tables indicate where sections of drafts or sections from earlier series were included in the final, adopted version of a Restatement.

Although some Restatements are designated 2d or 3d, there are not always antecedents. For instance, the Restatement of the Law Governing Lawyers is a Restatement of the Law Third, but there has never been a first or second Restatement of the Law Governing Lawyers.

• The Proceedings of the Annual Meeting of the American Law Institute Available online from 1997 Available on Westlaw from 2000 For additional and older material, see: Reading Room KF 294 .A5 A3 Microform Room Drawer 812 An excellent research tool for those tracing the development of a Restatement section. The ALI has published the Proceedings annually since 1923, except for 1945-1955. The Proceedings contain reports to ALI members, Reporter presentations, transcripts of discussions of drafts, the text of proposed amendments, and include an index of sections discussed. For the years 1945-1955, the Proceedings are only available in the Archive Publications set described below.
• The ALI Reporter Available online from 1999 Reading Room KF 200 .A455 The ALI's quarterly newsletter contains the latest information about ALI projects, meetings, and members, including reports on actions taken on drafts and the full text of chapters approved for discussion at the annual meeting with revisions explained.
• Archive Publications Microfilm Room KF 294.A5 A43, Drawers 963-965 A microfiche set containing the text of of Restatements, all drafts, and ALI Proceedings from annual meetings for the years that were not officially published, 1945-55. It also contains drafts of four Restatement projects that were terminated before completion. The set is arranged by Restatement, by section, and chronologically. Coverage starts with the founding of the ALI in 1923. All drafts produced for ALI projects are added to this set a few years after the project is completed or terminated. There is a print guide to this microfiche collection in the Microform Room at KF 294 .A5 A43.
• American Law Institute Archives Finally, there is a well-indexed, comprehensive collection of the American Law Institute Archives at the Biddle Law Library of the University of Pennsylvania. The archive contains drafts, comments, and correspondence related to ALI projects.

Determining the Current Status of Restatement Drafts

The American Law Institute is continually working on Restatements and other projects. Researchers are often interested in determining whether a Restatement has become final, or what stage the drafting process has reached. The following tools can help answer those questions, as well as provide a history of the development of ALI projects.

• ALI Catalog of Publications The catalog contains information about draft content and authorship. It mentions which portions of Restatements are superceded or in development.
• Annual Report of the ALI Director The Annual Report summarizes work contemplated, underway, and completed during the year on various Restatements. Available online from 1999. Reports 1988-1998, are available in the Reading Room KF 294 .A5 A14 .
• Proceedings of ALI Annual Meetings The Proceedings contain proposed amendments, an index of sections discussed, and records of discussions. Meetings take place in May and the Proceedings are usually available by March or April of the following year. Available online from 1997 Available on Westlaw from 2000 For additional and older material, see: Reading Room KF 294 .A5 A3 Microform Room Drawer 812

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Ethics is a philosophical discipline that attempts to answer fundamental questions regarding what is right and wrong in the contemporary society (Von, 13). Ethics define the acceptable code of conduct of an individual. It also seeks ways to determine the right course of action in practical scenarios.

Categories of ethics

Emotive ethics This holds that what is right or wrong should be based on an individual’s emotions and feelings. It falls into the empirical category of ethics. Here, ethical sentences do not express propositions but the emotional attitudes of the concerned.

Ethical Egoism

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