descriptive legal research

Legal Practice

Types of Legal Research

What do you mean by Legal Research?

Legal Research is the process of identifying and retrieving information necessary to support legal decision-making. It begins with an analysis of the facts of a problem and it concludes with the results of the investigation. Legal research skills are of great importance for lawyers to solve any legal case, regardless of area or type of practice. The most basic step in legal research is to find a noteworthy case governing the issues in question. As most legal researchers know, this is far more difficult than it sounds.

Whether you are a Lawyer, a paralegal, or a law student, it is essential that Legal research is done in an effective manner. This is where the methodology comes into play. Different cases must be approached in different ways and this is why it is important to know which type of legal research methodology is suitable for your case and helpful for your client.

Read Also: Here is the Importance of Legal Research in Legal Practice

Different Types of Legal Research

1) descriptive legal research.

Descriptive Legal research is defined as a research method that describes the characteristics of the population or phenomenon that is being studied. This methodology focuses more on the “what” of the research subject rather than the “why” of the research subject. In other words, descriptive legal research primarily focuses on the nature of a demographic segment, without focusing on “why” something happens. In other words, it is a description based which does not cover the “why” aspect of the research subject.

For example, a lawyer that wants to understand the crime trends among Mumbai will conduct a demographic survey of this region, gather population data and then conduct descriptive research on this demographic segment. The research will then give us the details on “what is the crime pattern of Mumbai?”, but not cover any investigative details on “why” the patterns exits. Because for the lawyer trying to understand these crimes patterns, for them, understanding the nature of their crimes is the objective of the study.

2) Quantitative research

Quantitative Legal Research is a characteristic of Descriptive Legal Research Methodology that attempts to collect quantifiable information to be used for statistical analysis of the population sample. It is a popular research tool that allows us to collect and describe the nature of the demographic segment. Quantitative Legal Research collects information from existing and potential data using sampling methods like online surveys, online polls, questionnaires, etc., the results of which can be depicted in numerical form. After careful understanding of these numbers, it is possible to predict the future and make changes to manage the situation.

An example of quantitative research is the survey conducted to understand the turnaround time of cases in the high court and how much time it takes from the time the case is filed until the judgment is passed. A complainant’s satisfaction survey template can be administered to ask questions like how much time did the process take, how often were they called to court, and other such questions.

3) Qualitative Legal Research

Qualitative Legal Research is a subjective form of research that relies on the analysis of controlled observations of the legal researcher. In qualitative research, data is obtained from a relatively small group of subjects. Data is not analyzed with statistical techniques. Usually, narrative data is collected in qualitative research.

Qualitative research can be adopted as a method to study people or systems by interacting with and observing the subjects regularly. The various methods used for collecting data in qualitative research are grounded theory practice, narratology, storytelling, and ethnography.

Grounded theory practice: It is research grounded in the observations or data from which it was developed. Various data sources used in grounded theory are quantitative data, review of records, interviews, observation, and surveys.

Narratology: It refers to the theory and study of narrative and narrative structure. It also shows the way in which the result affects the researcher’s perception.

Storytelling: This is a method by which events are recounted in the form of a story. The method is generally used in the field of organization and management studies.

Ethnography- Ethnography is used for investigating cultures by collecting and describing data intend to help the development of a theory.

4) Analytical Legal Research

Analytical Legal Research is a style of qualitative inquiry. It is a specific type of research that involves critical thinking skills and the evaluation of facts and information relative to the research being conducted. Lawyers often use an analytical approach to their legal research to find the most relevant information. From analytical research, a person finds out critical details to add new ideas to the material being produced.

For example, examining the fluctuations of Crime Rates of India between 2010-2020 is an example of descriptive research; while explaining why and how the Crime rates spiked over time is an example of analytical research.

5) Applied Legal Research

Applied Legal Research is a methodology used to find a solution to a pressing practical problem at hand. It is a straightforward practical approach to the case you are handling. It involves doing full-fledged research on a specific area of law followed by gathering information on all technical legal rules and principles applied and forming an opinion on the prospects for the client in the scenario.

For Example, if your client is an employee of an organization and is fighting against wrongful termination of contract then the practical approach to this would be by carefully evaluating the company policies and finding company policies that were violated and to suing the organization based on those arguments.

6) Pure Legal Research

Pure legal research is also known as basic Legal Research usually focuses on generalization and formulation of a theory. The aim of this type of research methodology is to broaden the understanding of a particular field of investigation.  It is a more general form of approach to the case you are handling. The researcher does not focus on the practical utility

For Example, researchers might conduct basic research on illiteracy leads to unemployment. The results of these theoretical explorations might lead to further studies designed to solve specific problems of unemployment.

7) Conceptual Legal Research

Conceptual Legal Research is defined as a methodology wherein research is conducted by observing and analyzing already present information on a given topic. Conceptual research doesn’t involve conducting any practical experiments. It is related to abstract concepts or ideas.

They are generally resorted to by the philosophers and thinkers to develop new concepts or reinterpret the existing concepts but has also proven to be a useful methodology for legal purposes.

For example, many of our ancient laws were influenced by the British Rule. Only later did we improve upon many laws and created new and simplified laws after our Independence. So another way to think of this type of research would be to observe, come up with a concept or theories aligned with previous theories to hopefully derive new theories.

8) Empirical Legal Research

Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies, and other legal arrangements at play in society. It acts as a guide to paralegals, lawyers, and law students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge, and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics, and empirically informed ethics.

For example, Pharmaceutical companies use empirical research to try out a specific drug on controlled groups or random groups to study the effect and cause.

Read Also – How to Do Legal Research?

Other Major Methods of Legal Research.

1) doctrinal legal research.

The central question of inquiry here is ‘what is the law?’ on a particular issue. It is concerned with finding the law, rigorously analyzing it and coming up with logical reasoning behind it. Therefore, it immensely contributes to the continuity, consistency, and certainty of law. The basic information can be found in the statutory material i.e.

primary sources as well in the secondary sources. However, the research has its own limitations, it is subjective, that is limited to the perception of the researcher, away from the actual working of the law, devoid of factors that lie outside the boundaries of the law, and fails to focus on the actual practice of the courts.

2) Non-doctrinal Legal Research

It is also known as socio-legal research and it looks into how the law and legal institutions mold and affects society. It employs methods taken from other disciplines in order to generate empirical data to answer the questions.

3)  Comparative Legal Research

This involves a comparison of legal doctrines, legislations, and foreign laws. It highlights the cultural and social character of law and how does it act in different settings. So it is useful in developing and amending, and modifying the law. But a

the cautious approach has to be taken in blindly accepting the law of another social setting as a base because it might not act in the same manner in a different setting.

Read Also – What is Doctrinal and Non-Doctrinal Legal Research?

Legal research is a systematic understanding of the law while keeping in mind it’s advancements. Law usually acts within the society and they both have an impact on each other. Each kind of research methodology has its own value. However, while undertaking research a researcher might face some hurdles but they can be avoided if he/she properly plans the research process.

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Very useful and compact information, thank you.

Very useful information 👍

I found this information to be stimulating and informative.

This article provides a comprehensive overview of the different types of legal research. It’s a great resource for law students and professionals alike!

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How to Do Research in International Law? A Basic Guide for Beginners

Jan 25, 2021 | Essays , Online Scholarship

By: Eliav Lieblich *

[Click here for PDF]

Introduction

So, you want to do research in international law? Good choice. But it can be difficult, especially in the very beginning. In this brief guide for students taking their first steps in legal research in international law, I will try to lay down the basics—just enough to nudge you towards the rabbit-hole of research. This guide is about how to think of and frame research questions, primary sources, and secondary sources in the research of international law. Or, to be precise, it is about how I think about these things. It is not about how to write in the technical sense, how to structure your paper, or about research methods (beyond some basic comments). This guide also focuses mostly on questions that are especially pertinent when researching international law. For this reason, it does not address general questions such as how and when to cite authorities, what are relevant academic resources, and so forth.

As you begin your work, you will find that legal research in international law is both similar to and different from legal research in domestic law. Research in international law and domestic law are similar in their basic requirements: 1) you need a research question, 2) you need to understand the problem you are approaching (both in terms of the legal doctrine and its underlying theory), 3) you need a method to answer your question. and 4) you need to rely on primary and secondary sources. Research in international law is different because international law, in its quest to be universal, is practiced everywhere. There is no “single” international law, and for this reason it is an area of law that is almost always contested. Furthermore, international law is not hierarchical unlike most domestic legal systems, and many times, several legal frameworks might apply to one single question ( “ fragmentation ”). [1] Additionally, international law’s sources include customary law, which is notoriously difficult to pinpoint. [2] This makes describing “the law” as an object of research much trickier. This guide attempts to give you the initial tools to navigate this terrain, but rest assured that it is also difficult for experienced researchers.

The guide is structured as follows. Section 2 is about research questions. It first offers a simplified typology of research question, including a few words on theory and method, and then suggests some thoughts about thinking of and framing your question. Section 3 is about secondary and primary sources in the research of international law. It includes some advice about the way to approach international legal scholarship in a world of hegemony and information overflow. The guide then becomes a bit more technical, offering tips about finding primary sources relevant for the research of international law.

A caveat is in order. This guide does not seek to offer the most theoretically robust or comprehensive introduction to international legal research. Rather, it should be viewed as practical advice to help you take your first steps into the field. The guide, of course, reflects my own understanding. Other researchers might approach these issues differently.

I. Research Questions

A. types of research questions: descriptive, normative, and critical.

Finding a research question will be one of the most important and challenging parts of your research. Every research has a question at its foundation. The research question is simply the question that your research seeks to answer. In all fields of legal scholarship, there are basically three families of research questions: 1) descriptive research questions, 2) normative research questions, and 3) critical research questions. Very broadly speaking, descriptive questions seek to tell us something about the legal world as it is . Normative questions ask what ought to be the state of things in relation to law. Critical questions seek to expose the relations between law and power, and, as I explain later, are somewhat in the middle between descriptive and normative questions. In truth, there is a lot of interaction between all three types of questions. But for our sake, we keep it simple, and as a starting point for research, it is better to think about research questions in these terms. Thinking clearly about your research question will help you frame your work, structure your paper, and look for relevant sources.

Descriptive research questions are questions about the state of things as they are. Much of traditional international legal scholarship is descriptive in the sense that it seeks to describe “the law” as it is, whether in abstract (e.g., “what is the content of the Monetary Gold principle in international adjudication?”) or in relation to a specific situation. For instance, in their excellent writing on Yemen , Tom Ruys and Luca Ferro look at the Saudi-led intervention in the Yemeni Civil War and ask whether that intervention is lawful. [3]   From a theoretical standpoint, this type of research can be broadly described as positivist , in the sense that it looks only into legally relevant sources (the lex lata ), as autonomous bodies of knowledge. We can call such questions descriptive doctrinal research questions since they seek to analyze and describe the doctrine from an internal point of view. Of course, some doubt whether it is at all possible to describe authoritatively what the law “is,” beyond very basic statements, without making any normative judgments about what “the law” should be. It could even be said that the mere decision to discuss law as an autonomous sphere is a value-laden choice. These and related critiques have been levelled against doctrinal scholarship for over a century by legal realist and critical approaches, both domestically and internationally. [4] This resulted in the gradual marginalization of such research questions, at least in the United States. Yet, from a global perspective, doctrinal research into international law remains a central strand of research.

Doctrinal questions are not the only type of descriptive research questions. Descriptive questions can also follow the tradition of law and society approaches. This type of research looks at the law from the outside and is mostly interested in law’s interaction with society, rather than in legal doctrine per se . Historically, the emergence of this way of thinking relates to the insight, first articulated by legal realists, that law does not exist in an autonomous sphere and gains meaning only with its actual interaction with society. Research questions of this type might ask whether and when law is effective, how people think about the law, or how judges make decisions. For instance, in her recent book , Anthea Roberts asks whether international law is truly “international” by looking at how it is studied in different parts of the world. [5] This type of scholarship can also seek to explain law from a historical point of view. For example, Eyal Benvenisti and Doreen Lustig inquire into the interests that shaped the origins of modern international humanitarian law (“IHL”) and argue that the law was shaped more by the interests of ruling elites than by humanitarian impulses. [6] For the purposes of this guide, these are socio-legal research questions .

Normative research questions , in general, ask what the law ought to be, whether in general or in a specific instance. For example,  in “The Dispensable Lives of Soldiers,” Gabriella Blum asks what ought to be the rules for the targeting of combatants in armed conflict. [7] As she suggests, these rules should consider the specific threat they pose and not only their legal status as combatants. The difficulty in normative questions—and from my own experience, this is one of the major challenges for students in their first research papers—is that to answer them, we need external parameters for assessing law . In other words, we need a theory on what is considered “good,” in light of which we can present an argument about what the law should be. Otherwise, we run into a classic problem: we cannot draw from facts alone (what law “is”) what ought to be (what law should be). [8] It is here where theory plays a key role. Normative legal theories are there to help us articulate our benchmarks for assessing what law should be. Returning to Blum’s article as an example, she uses insights from ethics to consolidate her point. She argues from an ethical, extra-legal vantage point, that since soldiers’ lives have moral worth, law should be understood in a manner that best reflects this moral idea.

Now, there is a myriad of normative approaches to international law, which I will not address here. A good place to start on theories of international law, including normative ones, is Andrea Bianchi’s excellent and accessible book on international legal theories. [9] Just to give you a sense of things, older natural law theories would simply identify law with morality and would inquire into morality—either as handed down by God or as exposed by reason—in order to ascertain law. [10] In newer scholarship, it is much more common to use ethics as a way to criticize positive law or to read moral standards into the interpretation of law itself —in accordance with the moral theory to which we subscribe. [11] This, for instance, is Ronald Dworkin’s approach , when he urges to interpret law “in its best light.” [12] In international law, for instance, a notable example for such thinking is Thomas Franck’s theory of legitimacy and international law. [13] Franck—although careful not to frame his theory in explicitly moral terms—argues that legal rules should have certain characteristics, such as clarity and coherence, in order to enjoy a “compliance pull” that induces state compliance. If, for example, we were to adopt Franck’s theory, we would assess law in light of his standards of legitimacy.

Normative theories can also be utilitarian. The best known example for such way of thinking, of course, is law and economics . [14] Another family of instrumental normative theories can be roughly described as policy approaches to international law. In the simplest sense, policy approaches ask what the law should be, in terms of its ability to bring about good policy consequences. The New Haven School of International Law, for instance, analyzed international law from the point of a global standard of human dignity. [15] It is safe to say that almost all current scholarship on international law, especially in the United States, utilizes policy approaches, even if not explicitly. [16] To sum this point, when framing normative research questions, we should be aware that at some point, we will need to commit to a yardstick through which to assess our normative conclusions.

Critical research questions inquire into the power relations that shape law or into the relations between law and politics in the broad sense of the term. In this sense, they aim to be descriptive: they seek to describe law as a product of power relations and expose the manner in which law conceals and neutralizes political choices. [17] Like normative scholarship, critical research questions also rely on theories (“ critical theories ”). For example, Martti Koskenniemi seeks to describe how the structure of the international legal argument collapses into politics, using insights from Critical Legal Studies (“CLS”). [18] Aeyal Gross inquires whether  the application of international human rights law might harm rather than benefit Protected Persons in occupied territories, on the basis of theoretical tools from CLS and Legal Realism. [19] Anthony Anghie asks how colonialism shaped the origins of international law, on the basis of postcolonial theory (and specifically in international law, Third World Approaches to International Law). [20] Ntina Tzouvala considers whether and how the 19th century standards of civilization in international law continue to live on in the international system through its capitalist underpinnings, by applying Marxian analysis. [21] From a feminist approach, Fionnuala Ní Aoláin explores what are the gendered aspects of the law of occupation. [22] It should be emphasized that critical research questions are also normative in the deeper sense: by seeking to expose power relations, they imply that something is wrong with law. Some critical research proceeds, after exposing power dynamics, to offer solutions—and some simply conclude that the project of law is a lost cause.

It is crucial to understand that both normative and critical research questions usually have descriptive sub-questions. For instance, Blum’s normative claim is that the current rule on targeting combatants is no longer tenable and should be changed. But to do so, she first has to give a proper account of the current understanding of law. And that is, of course, a descriptive question. The same applies to critical questions. Good critical scholarship should give a valid account of its object of critique. For example, in Tzouvala’s piece, a significant part offers a description of the standards of civilization, before the main critique is applied.

B. A Note about Theory and Methods

The term theory has been used quite liberally in the previous section. Now, there are several ways to understand this term. Here, theory is used in the sense of the general intellectual framework through which we think about law or a certain legal question. It is our view on the world, if you will—the prism through which we analyze or assess a question. The term theory must be distinguished from method . Methods, in legal research, encompass at least two meanings. The first, more common in descriptive socio-legal research, refers to the way in which we seek to find and arrange the information required to answer our question. For instance, if my question is “do judges in international courts cite scholarship from the Global South,” my method would be the manner in which I gather and arrange the data about judges’ citation practices. Do I search all relevant decisions for citations and create a large dataset (empirical quantitative methods)? Do I conduct interviews with prominent judges and extrapolate from their positions (qualitative methods)? Descriptive doctrinal research, too, has its version of methods in this sense. When we analyze treaties, legislation, state practice, or case law, we apply a method of collecting, analyzing, and categorizing this information.

The second manner in which the term method is used, is more pertinent in normative and critical legal research. For example, in an American Journal of International Law symposium on methods in international legal research, “methods” were defined as “the application of a conceptual apparatus or framework—a theory of international law—to the concrete problems faced by the international community”. [23] Meaning, methods are defined here as the way in which we apply theory to specific instances —or in other words, as applied theory.  It is in this sense that you will hear terms like “feminist methods” or “critical methods” used.

In truth, much of legal research—with the exception of certain strands of law and society research—is quite loose in its awareness to methods and in its use of them. This is perhaps because most of us are socialized, in our earliest days as law students, into the general method of doctrinal approaches to law—legal interpretation, case analysis, analogy, and allusions to consideration of “legal policy” in order to solve dilemmas.  The extent to which you will be required to be strict about methods in legal research, would probably differ between instructors and their own backgrounds.

C. Framing and Finding Your Research Question

What is expected from a research question, at least in the initial stage of your work? Of course, this differs between instructors and advisors. Here, I offer some insights that I think are generally applicable, with specific reference to international law.

First, a lot depends on the stage of your studies. In most seminars at the J.D. or LL.B. level, instructors do not necessarily require that your question be entirely novel, in the sense that no one has asked it before. Of course, most instructors value originality and would be happy if you come up with a reasonably original question (provided that you can answer it, but more about that in a bit). On the Master’s or Ph.D. levels, this might be very different. Framing a question that would be “an original contribution to the field” is one of the crucial parts of writing a dissertation at that level.  But since this is a beginners’ guide, do not worry about that.

Second, a research question must be tailored to the scope of your work, or in other words, it must be a question that you can reasonably answer within the space you have been given. Most seminar papers are around 10,000 words, inclusive of footnotes. This length suits a question like “should the duty to take precautionary measures under IHL require risking soldiers’ lives?” but probably not “the legal history of proxy wars during the Cold War.” The unfortunate nature of seminars is that you will usually have very limited time to think of a research question, and since you are new in the field, you would probably have trouble figuring out whether your question fits the scope of your paper.  Most instructors (I hope) would be happy to let you know if your question is too wide.

Third, a research question should be one that you are capable of answering with the skills you have, or with skills—the methodological proficiency –that you have the time to reasonably acquire during your research (whether independently or with the assistance of your instructor). By the time students write seminar papers, most have a reasonable grasp of how to do legal reasoning from an internal-legal point of view and accordingly have the basic skills to answer descriptive doctrinal questions . Concerning most normative and critical research questions, the basic skills required—at least at the level required in seminar papers in most law schools—can be acquired during your research: to me, learning new theories and the ways to apply them is precisely what seminars should be about! The trick is to find the question and the normative or critical approach that you would like to explore. However, things get much trickier if you select a descriptive socio-legal question . These require, sometimes, research methods that most law students do not possess at this stage.  If you are thinking about such questions, consult with your instructor to see whether she can or is willing to instruct you about the method you need.

But wait! We said nothing about how to actually find your research question. Here, I might disappoint you: there is no way around some of the difficulties we encounter when looking for a question. Finding a research question is hard, in particular when you are just starting out and have a limited grasp on the field. In truth, there is no one way—if there is even a way—to find a research question. A research question begins from an idea, and we cannot really control how our ideas emerge. Even the most experienced researchers will probably tell you that they get their ideas serendipitously when taking a shower, walking the dog, or folding the laundry. “Eureka” moments rarely pop-up when we summon them. So rather than attempting to give (a futile) account on a sure-shot way to find your research questions, I suggest ways that might be conducive to spark the creative thought process needed to get a good idea.

First, ask yourself what interests you, in the most intuitive way, in terms of specific fields of international law. If you are enrolled in a thematic course, such as International Trade Law, or International Criminal Law, then this narrows your selection of course. But even within fields, there are numerous sub and sub-sub fields and questions. In international criminal law, for example, there is a world of difference between questions of jurisdiction and theories of punishment. Start by opening a general textbook in the field. Scan the contents. See the types of issues and dilemmas that arise. See what direction triggers your interest. Most textbooks will highlight controversial issues. Ask yourself whether any of these issues both interest you and can be phrased as a research question that conforms to the requirements discussed above.

Second, follow blogs in the field. There are many high quality blogs on international law, which offer good analysis on current events and legal dilemmas. These blogs can help you to map burning and interesting questions.  Leading blogs such as EJIL: Talk! , Just Security , Legal Form , Opinio Juris , and Lawfare are good places to start. For those of you really willing to take the plunge, there is a very vibrant community of international law scholars on Twitter (although it might lead you to question the general sanity of the field). International legal institutions and organizations also maintain active Twitter profiles, and so do states.

Third, it is ok to begin with a somewhat general or imprecise research question, and narrow it down and refine as you go. For instance, let’s assume that you begin with “should the duty to take precautionary measures under IHL require risking soldiers’ lives.” As you read, you will find that there are several different precautions under IHL. Depending on the scope of your research, you might want to refine your question to something like “should the duty to give advance warning to civilians require exposing soldiers to potential harm?” In other words, it is perfectly fine to make adjustments to your question as you go.

Fourth, be proactive in your communications with your instructor. There are different types of instruction on the seminar level, but most instructors would be happy to participate with you in a ping-pong of ideas on your research question—as long as you have done some thinking and come with ideas to discuss, even if these are half-baked.

II. Secondary and Primary Sources in International Legal Research

Once we have the research question, we need information to answer it. This information is found in research sources . In academic research, it is common to differentiate between primary and secondary sources. In simple terms, primary sources comprise raw information or first-hand accounts of something. By way of example, these include diary entries, interviews, questionnaires, archival data, and meeting records. In basic legal research, primary sources can include black letter law, rulings, and so forth. Another way to look at primary sources is that they give you direct, unmediated access to the objective of your research.  Secondary sources, conversely, are writings about primary sources: they interpret primary sources for you. These include primarily academic books, book chapters, and journal articles. Of course, there are dialectics between primary and secondary sources. Sometimes, secondary sources can become primary sources, depending on our perspective. If, for example, I want to write about the international legal philosophy of Hans Kelsen, then Kelsen’s writings become my primary sources. Other people’s writings about Kelsenwould be my secondary sources. Similarly, a judicial decision can be a primary source when we study what the law “is,” but it can also be secondary source when it describes other things, such as facts, opinions, or ideas.

In international law, there is another idiosyncrasy. If we want to know what the law “is,” secondary sources might be considered primary, to an extent, because according to international law itself, “the teachings of the most highly qualified publicists” are subsidiary means to determine the positive law. [24]

B. The Intricacies of Secondary Sources of International Law: Managing Hegemony and Information Overload

Is there something special that we need to know about secondary sources in international legal research? On its face, secondary sources on international law are not much different from such sources in any other field. For this reason, I will not get into questions that are relevant to all fields of research, such as how to account for newspaper stories, the value of Wikipedia for research (very limited), etc. Rather, I will point out some things that are especially important to consider when approaching secondary sources in international law.

First, since international law presumes to apply everywhere, there might be relevant literature on your question in any language you can imagine. At the seminar paper level, most instructors will expect you to rely on literature in languages reasonably accessible to you. In more advanced levels of research, things might be different. As a rule of thumb, if you cannot access writings in at least English or French, your research will unfortunately be limited. Of course, we can criticize this situation in terms of the hegemony it reflects; [25] however, this is the reality as it stands. A possible exception is if your question focuses on the application of law in a specific jurisdiction. But here, too, you will be limited since without access to literature in other languages, your comparative ability will be diminished.

Second—and this is an understatement—there are differing perceptions of international law, both in general and on specific questions, across different legal cultures. Risking pandering to stereotypes, U.S. scholarship tends to be more inclined towards policy approaches to law, while continental European scholarship might be more positivist. [26] Scholarship from the Global South might view law from postcolonial perspectives. It is crucial to be aware of these differences, in the sense that no single perspective can give you the entire picture. This is not to say that you cannot focus on one specific legal culture—depending on your research question—just be aware that you might be getting a particular point of view.

Third, even within a specific legal culture, there are interpretive “camps” on most questions of international law. Very roughly speaking, writers affiliated with state institutions might interpret law in a manner more permissive of state action, while others might be more suspicious of states and approach law from a more restrictive perspective. For instance, in the field of IHL, David Luban identifies “two cultures” of interpretation—military and “humanitarian” lawyers—that differ almost on every legal question. [27] You will find comparable divisions on international trade, investment arbitration, and international environmental law—and in any other field for that matter. Here, too, it is very important to be aware of the “camp” of the author you are reading. You will not get a complete view if all of your secondary sources belong to this or that camp.

Fourth, be aware and critical of hierarchies. Traditionally, secondary sources of international law were organized around major treatises (which are textbooks that deal systematically with an issue), such as Oppenheim’s international law. [28] This tendency derives from the special status that major scholarship enjoys in the formation of international law, as mentioned above. Of course, major “classic” textbooks are still invaluable tools to get into the field and at least to understand its mainstream at a given moment. However, many canonical treatises—to be blunt—have been written by white western men from major empires, with certain perspectives about the world. Often, these writers went in and out of diplomatic service and might be generally uncritical of their states’ legal policies. Many newer versions of these textbooks internalize these critiques and are much better in terms of incorporating diverse authors and views. Nonetheless, in order to get the fuller picture on your question, diversify your sources.

Fifth, and notwithstanding the need to take into account the problem of hierarchies, it is still important to get a good grasp of the “important” writings on your research question, in order to understand the predominant views on the issue. In an age of information overload, this is particularly difficult to do. There are, however, several (imperfect) ways to mitigate this problem. One way to do so is by using Google Scholar and Google Books as entry portals into your subject. These search engines allow you both to search for titles and specific phrases within titles. They are free, simple and fast, and Google Books even allows you to preview most books. Google Scholar and Books also present a citation count for each source. Citation counts refer to the number of times a work has been cited by other authors, which gives you a rough measure of the centrality of the work.  However, Google’s search engines should be taken with a grain of salt. Google is a data-for-profit company, and its effects on academic research have been criticized . [29] The basic problem is that nobody knows how Google arranges its results  and what interests it serves by doing so. In other words, Google creates a new hierarchy of sources, and we do not know exactly how to account for it.

Another way to get a sense of the important writings relating to your question is to look at general, introductory works on your subject. These textbooks usually provide a good overview of the major discussions and dilemmas relating to the fields they cover, and when doing so, they present the central views on these questions. See which writings they discuss and cite. A good place to start, in order to gain access to initial secondary (and sometimes primary) sources on a specific question, is the Max Planck Encyclopedias of International Law or the Oxford Bibliographies of International Law .

Still, always be mindful that the “central views” on a question are not necessarily the best views. For instance, many times, citation practices simply reproduce geographic, institutional, racial, or gendered hierarchy. They are not meaningless, but be critical about them. After you get the “central views” on the question go to more “neutral” search engines such as your library’s general database or commercial databases such as Hein and Westlaw that arrange scholarship in a more transparent manner. One radical suggestion is to visit your library physically (!) and go to the relevant shelf. Libraries are nice, and you will often find titles that you missed in your electronic search.

C. Primary Research Sources of International Law: What are They and Where to Find Them

What are the primary sources for research in international law? The answer, of course, flows from the type of your research question. The sources for doctrinal research questions would generally follow material that would be relevant for the study of the legal sources of international law, namely those found in Article 38(1) of the Statute of the International Court of Justice (“ICJ”): 1) treaties, 2) state practice and opinio juris (as elements of customary law), 3) general principles of law, and 4) as subsidiary means, judicial decisions and scholarly work.

However, even when conducting doctrinal research, not everyone subscribes to an exclusively formalist understanding of legal sources. For instance, there are many forms of formal and informal regulation in various global governance frameworks. Non-binding resolutions of international organizations, for example, and instruments of “soft law” can also be viewed as part of the doctrine, broadly speaking. [30] Additionally, legal realists might argue that whatever is perceived by international actors as authoritative and controlling in specific instances can be analyzed as a legally relevant source. [31] The important takeaway is that the primary sources for doctrinal research follow the author’s approach to the sources relevant for international law, and this changes between legal formalists and realists. This complicates your work, but even as a beginner, you would need to decide which way to go in terms of identifying relevant primary sources. If you are confused about this, consulting with your instructor is probably wise here.

As discussed earlier on, normative and critical research questions tend to have descriptive doctrinal sub-questions. For the doctrinal parts in normative and critical research, the above primary sources are relevant also. The normative and critical parts of such research, conversely, would usually rely on the application to the descriptive findings of theory found in secondary sources (and recall the definition of method as applied theory, suggested in the AJIL symposium). [32]

For socio-legal research questions, primary sources can extend much wider, depending on the specific research method selected. Since the challenges of identifying sources for socio-legal research are not unique in the context of international legal research and require treatment beyond this limited guide, I do not address them here.

After clearing that up (hopefully), we now move to a more technical part: where can we find primary sources for doctrinal research in international law (or doctrinal parts within otherwise non-doctrinal research)? Of course, there are virtually endless options. Here, I seek only to give an overview of some of the best ways to look for such sources, or at least, those that I prefer. Note, that I do not get into the nitty-gritty of each search engine or database, such as how to run searches and where to click. They are usually quite easy to get a handle on, and if not, most law school libraries have very capable personnel to assist in the more technical aspects of things. In the same vein, I do not get into the specifics of document indexing systems of various institutions (see, for instance, here ).

1. Curated Collections of Important Primary Sources

Before delving into specific primary sources and where we can find them, it is good to know that some publications select especially important sources and publish them with commentary. These publications do not include all primary sources, but if you want to search for especially pertinent sources on your subject, they can be helpful. For example, International Legal Materials (“ILM”) is a publication of the American Society of International Law that periodically selects important primary sources, with expert commentary. Although ILM is a very old publication, it is fortunately online, and you can search its database.

2. Treaties and Treaty Bodies

Moving on to treaties. In general, you can access the text of almost every treaty directly from any internet search engine. For comprehensive research, however, the United Nations Treaty Collection (“UN Treaty Collection”) has a sophisticated search page , allowing you to find treaties by title, signatories, dates, and many other categories.  When you click on a treaty, you can also find the list of state parties, including reservations, declarations, etc. Take note of that the UN Treaty Collection includes only treaties registered with the United Nations . The most important treaties are indeed registered. Those that are not might be found in secondary sources, in governmental websites, and so forth. Last, Oxford Historical Treaties is a great source for older treaties.

Treaties can also be found in the homepages of relevant international organizations. For instance, the World Trade Organization website includes all of the organization’s founding agreements and other relevant treaties. Regional organizations, also, mostly follow this practice. The International Committee of the Red Cross (“ICRC”) website has an index of all historical and in-force IHL treaties. These are only examples.

For the purpose of your research, you might want to look at the travaux préparatoires —which include the official negotiation records of the treaty, its drafting history, and other preparatory documents. These are important both to interpret and understand the history and rationales of the treaty. There is no single way in which these records are published. Many times, they can be found in official volumes, whether online or in hardcopy. For example, the travaux of the European Conventions of Human Rights can be found online here . You can find more information about finding travaux at the UN Library on this page .

Many treaties establish organs that oversee their execution or interpret their provisions (“treaty bodies”). These organs, in turn, create their own documents, decisions, and comments. This is a particularly important feature of international human rights law treaties. Luckily, the UN keeps a searchable treaty body database in which you can search for virtually any type of document produced by these bodies. For example, you can find various reports submitted to these bodies by states; you can also find decisions (“jurisprudence”) of treaty bodies, as some of them are empowered to decide on individual and interstate claims.  For more information about research in human rights law, Georgetown Law produced this great guide (on both secondary and primary sources).

3. Judicial Decisions

Judicial decisions constitute important primary sources in international legal research like in any legal research. However, as opposed to domestic jurisdictions, the terrain of international legal tribunals is heavily fragmented. [33]   As you probably know by now, there is no “supreme court of the international community” to which all other courts are subject. Most tribunals are limited in their jurisdiction to a certain subject matter or to a certain group of states or individuals. To make things even more complicated, domestic courts also frequently rule on international legal questions or refer to international law in their decisions. A crucial point when conducting your research is to figure out whether there is an international tribunal that might have jurisdiction over issues relating to your question and whether these issues were addressed in a substantial way by domestic courts.

Fortunately, there are search engines that allow us to search for specific things across many international tribunals and dispute settlement mechanisms. The Oxford Reports on International Law , for instance, allows you to search across virtually all international tribunals and arbitration mechanisms (as well as treaty bodies). It includes not only ICJ rulings, but also rulings and decisions of subject-area specific dispute settlement mechanisms such as the International Tribunal on the Law of the Sea (“ITLOS”) and others. Furthermore, the search engine allows you also to look for domestic rulings that apply international law in many jurisdictions. Be mindful, however, that the database on domestic rulings is not comprehensive, and many times does not include the newest rulings since it takes time for the regional reporters to report them.  The Cambridge Law Reports is another very reputable and established source for international case law and domestic rulings relating to international law.

It should be noted that in addition to these databases, most tribunals have their own websites. Just by way of example, the ICJ , the European Court of Human Rights , the International Criminal Court (“ICC”), and the WTO Dispute Settlement mechanism all have very helpful sites with their own advanced search engines. Similarly, the International Center for Settlement of Investment Disputes (“ICSID”) allows you to search for decisions in investment-state arbitrations. Many other tribunals and dispute settlement arrangements have similar systems.  The added value of the tribunals’ own sites is that they usually include not only decisions, but also oral and written proceedings and other documents of interest for in-depth research. Moreover, it might be that they are updated faster with new decisions.

Note, however, that many questions are never resolved by any tribunal. International law is more of an ongoing process than a system of adjudication, [34] and the fact that a dispute or dilemma has not been formally addressed by courts does not mean that it is not important or that there are no highly relevant primary sources on the issue. Ironically, often the opposite is true: some important questions do not come up for adjudication precisely because actors do not want to risk losing in adjudication.

4. United Nations Documents

Documents produced by the different organs of the UN—as well as by states when interacting in and with the UN—are of special importance for international legal research. Resolutions by the UN Security Council (“UNSC”) can be binding; resolutions by the UN General Assembly might reflect the international consensus, can be declarative of customary international law, or crystallize into binding law as time passes. Reports by the UN Secretary General and by Special Rapporteurs are also important in this sense, not to mention the work of the UN International Law Commission (“ILC”). Letters by states and their statements in various UN fora are also crucial as sources for state practice and opinio juris. Fortunately, The UN’s Official Document System allows you to run searches into the majority of publicly available UN documents.  Additionally, the UN Library provides another, more guided, entry point to the universe of UN documents.

Sometimes, if you know the specific type of document you need, it can be helpful to head to the website of the relevant UN organ. For example, the UNSC ’s site has all of the UNSC’s resolutions, presidential statements, reports and meeting records by year (as well as documents relating to sub-organs such as Sanctions Committees). You can find, for instance, a specific meeting and its full verbatim records (what states said). The same holds for the UN General Assembly , Human Rights Council and other organs of interest. These websites are generally self-explanatory, although they might be clunky sometimes, and the UN tends to move pages around for mysterious reasons. Explore a bit, and you will usually find what you need.

Last, sometimes you would want to get a general picture about how a specific incident, event, or issue was dealt with across the UN in a specific time. The best place to get this information is the Yearbook of the United Nations . Just look in the specific yearbook for the year in which your event of interest took place, and you will find summaries of the discussion of the issue across the UN. A huge bonus is that the yearbooks include an index of documents for each issue or event that you can then retrieve—using the document’s symbol—from the UN’s Official Document System. Note, however, that unfortunately the Yearbook is only published several years after the relevant year. As of 2020, the 2015 Yearbook hasn’t been released yet.

5. Practice and Statements

State practice and statements are important in order to ascertain customary international law, but also to understand general international approaches towards your question. At least for the latter purpose, the same holds with regard to practice and statements by international organizations and NGOs. Now, since state practice and statements can manifest in endless forms—from Twitter rants to official statements by heads of states (which are, nowadays, sometimes one and the same)—there is no one-stop shop for this type of primary source. Much can be found in UN documents, but this is by no means a comprehensive source because a lot of relevant interactions take place outside of the UN.

Nevertheless, some publications and other databases collect important pieces of (mainly state) practice.  Just by way of example, each issue of the American Journal of International Law has a section on contemporary U.S. practice on international law. The U.S. State Department compiles an annual digest on U.S. State Practice, accessible here . German practice in international law can be found here (in English). Some other digests of state practice are listed by the Institute of Advanced Legal Studies library.

Additionally, after you select a research question, it is helpful to run a search and see if there is a subject-matter digest of practice relating to your question. For example, the Journal on the Use of Force and International Law includes, in each issue, a digest of practice on the use of force, divided by regions. The ICRC Customary Law Study website contains an updating database of practice on IHL. But again, these are only examples.

Unfortunately, a lot of relevant material is not compiled or indexed anywhere, and you will have to look for it in other places. Beyond the UN databases, you can find states’ positions in their governmental websites (typically the ministry of foreign affairs). NGO reports can be found in the specific organization’s website. A lot of information can be found in trustworthy media outlets (and we leave the discussion of what is “trustworthy” for another day). The New York Times’ searchable archive is a formidable tool for finding different positions of various actors in relation to current and historical events. For delving deeper, access into institutional archives might be needed.

Furthermore, sometimes, to gain access to relevant practice, you will need to search domestic legislation and rulings, beyond those found in the general databases mentioned above (such as the Oxford databases). Domestic legislation and rulings are especially pertinent when looking for “ general principles of law ,” which form a part of the sources of international law. [35] There is no single way to look for sources in domestic jurisdictions: each jurisdiction has its own system and databases. For instance, for English-speaking jurisdictions, Westlaw and Lexis are leading databases.

Last, nowadays, it is important not to neglect social media. For better or for worse, states and other international actors often share positions (and, ahem, insults) on Twitter. [36] These might also be relevant for your research.

III. Conclusion

All in all, there is no single way to think about any of the issues discussed in this guide. Some researchers will contest many of the definitions and suggestions offered here. This just serves to emphasize that determining the “best” way to approach research has a strong individual component. At least in legal research, beyond strict methodological requirements that might apply in socio-legal research, each researcher develops her own way and understandings as she gains knowledge and experience. I hope that this guide helps you to begin to find your own.

*    Associate Professor, Tel Aviv University Buchmann Faculty of Law.

[1]   See, e.g. , Martti Koskenniemi & Päivi Leino, Fragmentation of International Law? Postmodern Anxieties , 15 Leiden J. Int’l L. 553 (2002).

[2]   Compare Monica Hakimi, Making Sense of Customary International Law , 118 Mich. L. Rev. 1487 (2020) with Kevin Jon Heller, Customary International Law Symposium: The Stubborn Tenacity of Secondary Rules , Opinio Juris (Jul. 7, 2020).

[3]  Tom Ruys & Luca Ferro,  Weathering the Storm: Legality and Legal Implications of the Saudi-Led Military Intervention in Yemen , 65 Int’l & Comp. L.Q. 61 (2016).

[4]  Felix S. Cohen,  Transcendental Nonsense and the Functional Approach , 35 Colum. L. Rev. 809 (1935).

[5]   Anthea Roberts, Is International Law International? (2017).

[6]  Eyal Benvenisti & Doreen Lustig, Monopolizing War: Codifying the Laws of War to Reassert Governmental Authority, 1856–1874 , 31 Eur. J. Int’l L. 127 (2020).

[7]  Gabriella Blum, The Dispensable Lives of Soldiers , 2 J. Leg. Analysis 115 (2010).

[8]  For an explanation, see Scott J. Shapiro, Legality 47–49 (2011).

[9]   Andrea Bianchi, International Law Theories: An Inquiry into Different Ways of Thinking (2016).

[10]   See Emmerich de Vattel, The Law of Nations, bk. I, ch. IV, §§38–39 (Béla Kapossy & Richard Whatmore eds., 2008) (1758).

[11]   See, e.g. , Adil Ahmad Haque, Law and Morality at War (2017).

[12]  Ronald Dworkin, Law’s Empire (1986).

[13]  Thomas M. Franck, Legitimacy in the International System, 82 Am. J. Int’l L. 705 (1988)

[14]  Jeffrey L. Dunoff & Joel P. Trachtman,  Economic Analysis of International Law , 24 Yale J. Int’l L. 1 (1999).

[15]  W. Michael Reisman, The View from the New Haven School of International Law , 86 Am. Soc’y Int’l L. Proc. 118 (1992).

[16]   See Harlan Grant Cohen, Are We (Americans) All International Legal Realists Now?, in Concepts on International Law in Europe and the United States (Chiara Giorgetti & Guglielmo Verdirame, eds., forthcoming), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3025616.

[17]  Martti Koskenniemi, What Is Critical Research in International Law? Celebrating Structuralism , 29 Leiden J. Int’l L. 727 (2016).

[18]  Martti Koskenniemi, The Politics of International Law , 1 Eur. J. Int’l L. 4 (1999).

[19]  Aeyal M. Gross, Human Proportions: Are Human Rights the Emperor’s New Clothes of the International Law of Occupation?,  18 Eur. J. Int’l L. 1 (2007).

[20]  Antony Anghie, Francisco de Vitoria and the Colonial Origins of International Law , 5 Soc. & Leg. Stud. 321 (1996); see also Sundhya Pahuja, The Postcoloniality of International Law , 46 Harv. J. Int’l L. 459 (2005).

[21]  Ntina Tzouvala, Civilization, in Concepts for International Law: Contributions to Disciplinary Thought 83 (Jean d’Aspremont & Sahib Singh eds., 2019).

[22]  Fionnuala Ní Aoláin, The Gender of Occupation , 45 Yale J. Int’l L. 335 (2020).

[23]  Steven R. Ratner & Anne-Marie Slaughter,  Appraising the Methods of International Law: A Prospectus for Readers , 93 Am. J. Int’l L. 291, 292 (1999).

[24]  Statute of the International Court of Justice, Art. 38(1)(d), June 26, 1945, 59 Stat. 1055, 33 U.N.T.S. 933.

[25]   See Justina Uriburu, Between Elitist Conversations and Local Clusters: How Should we Address English-centrism in International Law?, Opinio Juris (Nov. 2, 2020), https://opiniojuris.org/2020/11/02/between-elitist-conversations-and-local-clusters-how-should-we-address-english-centrism-in-international-law/.

[26]   See Cohen, supra note 15. See also William C. Banks & Evan J. Criddle, Customary Constraints on the Use of Force: Article 51 with an American Accent, 29 Leiden J. Int’l L. 67 (2016).

[27]  David Luban, Military Necessity and the Cultures of Military Law , 26 Leiden J. Int’l L. 315 (2013); see also Eyal Benvenisti, The Legal Battle to Define the Law on Transnational Asymmetric Warfare , 20 Duke J. Comp. & Int’l L. 339, 348 (2010).

[28]  1 Lassa Oppenheim, International Law: A Treatise (1912).

[29]  Jake Goldenfein, Sebastian Benthall, Daniel Griffin & Eran Toch, Private Companies and Scholarly Infrastructure — Google Scholar and Academic Autonomy (Oct. 28, 2019), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3476911.

[30]   See, e.g. , Kenneth W. Abbott & Duncan Snidal, Hard and Soft Law in International Governance , 54 Int’l Org. 421 (2000).

[31]  For this type of thinking, see Hakimi, supra note 2.

[32]   See Ratner, supra note 23.

[33] See Koskenniemi, supra note 1.

[34]  Harold Hongju Koh, Is there a “New” New Haven School of International Law? , 32 Yale J. Int’l L. 559 (2007).

[35]   See, e.g. , M. Cherif Bassiouni,  A Functional Approach to “General Principles of International Law” , 11 Mich J. Int’l L. 768 (1990).

[36]  Francis Grimal, Twitter and the jus ad bellum: threats of force and other implications , 6 J. Use of Force & Int’l L. 183 (2019).

Dr. Eliav Lieblich is an Associate Professor at Tel-Aviv University’s Buchmann Faculty of Law. He teaches and researches public international law, with a focus on the laws on the use of force, just war theory, international humanitarian law, and the history and theory of international law. Dr. Lieblich has been awarded two Israel Science Foundations grants, as well as the Alon Fellowship for Outstanding young faculty, awarded by the Council of Higher Education. His scholarship was published, among others, in the European Journal of International Law, the British Yearbook of International Law, and the Hastings Law Journal.

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Legal Research Strategy

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

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

How to Strategize

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

Follow These Steps

Running Time: 3 minutes, 13 seconds.

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

• Legal Research Strategy Checklist

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

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

Understanding the Legal Questions

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

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

Jurisdiction

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

• Legal Treatises on Jurisdiction
• LII Wex Entry on Jurisdiction

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

Getting Started

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

Organizational Methods

Tracking with paper or excel.

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

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

Consider using the following research log as a starting place: 

• Sample Research Log

Tracking with Folders

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

• Lexis Advance Folders
• Westlaw Edge Folders

Tracking with Citation Management Software

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

• Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Sep 12, 2023 266 views this year

Types of Sources

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

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

Secondary sources are particularly useful for:

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

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

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

For a deep dive into secondary sources visit:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Apr 12, 2024 4574 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

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

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

Legal Encyclopedias

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

Here are the two major national encyclopedias:

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

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

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

To find a relevant treatise explore:

• Legal Treatises by Subject by Catherine Biondo Last Updated Apr 12, 2024 3590 views this year

American Law Reports (ALR)

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

This resource is available in both Westlaw and Lexis:

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

Law Reviews & Journals

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

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

To find law review articles visit:

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

Restatements

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

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

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

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

To access restatements visit:

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

Primary Authority

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

• Constitutions
• Statutes 

Regulations

Access to primary legal sources is available through:

• Bloomberg Law
• Free & Low Cost Alternatives

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

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

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

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

• Statutes: US and State Codes by Mindy Kent Last Updated Apr 12, 2024 2958 views this year
• 50 State Surveys

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

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

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

To learn more about working with regulations, visit:

• Administrative Law Research by AJ Blechner Last Updated Apr 12, 2024 572 views this year

Case Basics

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

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

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

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

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

• State Bar Associations
• State Courts Websites

First Circuit

• First Circuit Court Rule 32.1.0

Second Circuit

• Second Circuit Court Rule 32.1.1

Third Circuit

• Third Circuit Court Rule 5.7

Fourth Circuit

• Fourth Circuit Court Rule 32.1

Fifth Circuit

• Fifth Circuit Court Rule 47.5

Sixth Circuit

• Sixth Circuit Court Rule 32.1

Seventh Circuit

• Seventh Circuit Court Rule 32.1

Eighth Circuit

• Eighth Circuit Court Rule 32.1A

Ninth Circuit

• Ninth Circuit Court Rule 36-3

Tenth Circuit

• Tenth Circuit Court Rule 32.1

Eleventh Circuit

• Eleventh Circuit Court Rule 32.1

D.C. Circuit

• D.C. Circuit Court Rule 32.1

Federal Circuit

• Federal Circuit Court Rule 32.1

Finding Cases

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

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

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

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

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

One Good Case Method

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

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

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

Ways to Use Citators

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

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

• Keycite Information Page
• Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

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

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

Using Citators For

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

Case Validation

Is my case or statute good law?

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

Better Understanding

Has the law in this area changed?

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

Track Research

Who is citing and writing about my case or statute?

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

Knowing When to Start Writing

For more guidance on when to stop your research see:

• Terminating Research, by Christina L. Kunz

Automated Services

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

• Automated Brief Check Instructional Video

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• Last Updated: Sep 21, 2023 2:56 PM
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Legal Research Methodology: Types And Approaches of Legal Research

Legal research methodologies explore unsettled legal questions, acquire and analyze relevant information, and apply findings to solve legal problems.

Let’s understand the definition of legal research methodologies and the types and approaches to Legal research methodologies.

Understand Legal Research Methodology

What is legal research methodology.

Legal research methodologies serve three main functions, exploring a legal problem, critically describing facts and legislation, and explaining or interpreting legal issues and concepts.

Why is a methodology needed in the first place?

The methodology is a means of inquiry to achieve these purposes in a meaningful way .

In legal research, the methodology;

• is a systematic inquiry that provides information to guide legal research,
• is the trained and scientific investigation of the principles and facts of any subject,
• helps the readers understand the research methods to discover the truth and evaluate the results’ validity,
• helps the researchers follow a consistent logic in research and prepare them to meet possible challenges,
• is also an important way to jam reliable and valid knowledge and explore the relationship between theory and practice.

Understanding research methods will help students conduct and write up their research monographs, dissertations, or theses systematically.

However, research methodology is different from research methods. ‘Research method’ usually implies all methods and techniques used to collect and process the data.

Thus, the method is a tool or technique such as a qualitative or quantitative method. It also includes interviews, case studies, or surveys.

On the other hand, research methodology refers to the body of methods that guide thinking within a specific field of study.

A methodology is a justification or rationale for the research approach and is concerned with the general strategy or approach of undertaking research.

Legal research methodology is a must.

It is vital for a researcher to know the research methodology and understand the underlying methodologies’ assumptions.

Researchers also need to know the criteria by which they can decide that certain methodologies will apply to certain problems.

Research methodology has been defined as the means of acquiring scientific knowledge. It has also been defined as a means to gather information and data to achieve a valid outcome.

Legal research methodology is simply a way of addressing and exploring unsettled legal questions or issues.

Legal research methodologies are techniques by which one acquires legally relevant information, analyzes, interprets, and applies them to resolve issues and present the findings.

Thus, legal research methodology is a scientific and systematic way to solve any legal question.

Legal research methodology also refers to rules of interpretation of legal problems and issues. It is a systematic effort to make an argument to arrive at a true or accurate account of the subject matter under consideration.

The researcher should explain properly why he uses a particular method to evaluate research results by the researcher himself or others. Adopting a particular methodology should stem from the research objective and purpose.

Types of Legal Research

Two types of Legal research are;

• Qualitative Research for Legal Research.
• Quantitative Research for Legal Research.

The main difference between qualitative and quantitative legal research is that; qualitative legal research is pure and applied research, concerned with the analysis of theories. Whereas quantitative legal research is concerned with testing the theories in the real world.

Depending upon the nature of the research question, legal research is also classified as descriptive and exploratory one.

Descriptive research attempts to describe a situation, problem, phenomenon, or behavior systematically. A description is concerned with making complicated things understandable and simple.

Exploratory research is undertaken to explore areas about which the researcher has little or no knowledge . It involves findings the reason for things, events and situations, showing why and how they have come to be what they are. Exploratory research enables the researcher to formulate problems for more in-depth study, develop hypotheses, and find the best solution.

Another popular distinction is between pure doctrinal research and non-doctrinal or empirical research.

While the former is theoretical work undertaken primarily to acquire new knowledge without a specific application, the latter is original work undertaken to acquire new knowledge with a specific practical application in view.

Doctrinal legal research is concerned with the analysis of legal theories, concepts, rules, and principles.

Most doctrinal legal research is based on the ‘black-letter law’ approach, which focuses on the knowledge of law found in the legal texts, legal theories, statutes, and court judgments with ‘little or no reference to the world outside the law.’

The doctrinal or ‘black-letter’ legal research aims to explain, systemize, and clarify the law on any particular topic by a distinctive mode of analysis.

In recent times, pure doctrinal legal research has been criticized for its rigidity, narrower scope, and inflexibility in addressing diverse contexts m which legal issues or situations arise and operate.

As a result, empirical or inter-disciplinary legal research emerged as a distinct type of legal scholarship in the law schools of western countries to study law in the broader social and political contexts.

This empirical and interdisciplinary legal research employs various social science and humanities methods. According to Epstein and King,

What makes research empirical is that it is based on observations of the world, in other words, data, which is just a term for facts about the world.

These facts may be historical or contemporary or based on legislation or case law, the results of interviews or surveys , or the outcomes of secondary archival research or primary data collection .

Another important classification is between qualitative and quantitative research.

Qualitative Research for Legal Research

Qualitative research is concerned with the explanation, interpretation, and understanding of phenomena or issues, or things. It relies primarily on human perception and understanding. It concerns the subjective assessment of the social or legal problem, situation, and attitude.

Qualitative research is critical in the behavioral sciences, where the aim is to discover the underlying motives of human behavior. A qualitative approach is concerned with the subjective assessment of attitudes, opinions, and behavior.

Quantitative research offers:

• richly descriptive reports of individual perceptions, attitudes, beliefs, views, and feelings,
• the meanings and interpretations are given to events and things, as well as their behavior;
• it displays how these are put together, more or less coherently and consciously,
• into frameworks that make sense of their experiences; and
• illuminates the motivations which connect attitudes and behavior, the discontinuities, or
• even contradictions between attitudes and behavior, or
• how conflicting attitudes and motivations are resolved in particular choices made.

Qualitative research is related to the analysis of some abstract idea, doctrine, or theory. It is generally used to develop new concepts or to reinterpret existing ones.

In qualitative research, researchers use analytical techniques and their views on the subject matter in question.

Qualitative research varifies the old established principles of laws. It may lead to discovering a new theory, refinement, or interpretation of an existing theory, principles, or legal issues.

On the other hand, empirical research relies on experience or observation alone, often without due regard for system and theory.

Qualitative research involves more explicit judgment, interpretation, or critical evaluation of a problem.

As far as legal study is concerned, the qualitative method is applied to analyze legal propositions or legal theories or doctrines and explore existing statutory propositions and cases in light of propositions or doctrines.

Qualitative research of law involves studying general theoretical questions about the nature of laws and legal systems, the relationship of law to justice and morality , and problems of application of law in a given society.

The main advantage of the qualitative method is that qualitative analysis draws on the interpretive skills of the researcher and opens up the possibility of more than one explanation being valid.

The main criticism of qualitative research is that it is too impressionistic and subjective. Qualitative findings rely too much on the researcher’s subjective assessment of views about what is significant.

The qualitative research findings tend to be open-ended, which is difficult to generalize: Many qualitative research works are doctrinal. Observation, interviewing, case study, examination, and analysis are the most common method of qualitative research.

Quantitative Research for Legal Research

Quantitative research for legal research is based on the measurement of quantity or amount. It consists of counting how frequently things happen. It applies to phenomena that can be expressed in terms of quantity. It is also known as the statistical method.

Because in quantitative research, researchers use an array of statistical methods and generalizations to determine the meaning of data.

It has been the dominant strategy for conducting socio-legal research. Quantitative methods often test or verify existing theories or hypotheses.

Quantitative research involves finding a solution to a real-life problem requiring an action or policy decision.

Quantitative research also tests many variables through the generation of primary data. The generalization process from sample to a population is an example of quantitative instead of qualitative research methodology.

Quantitative research can contribute new evidence, challenge old theories, and help conceptual clarification.

Usually, the quantitative approach involves generating data in quantitative form, which can be subjected to rigorous quantitative analysis formally and rigidly. Quantification can make it easier to aggregate, compare and summarise data.

Data can be collected from questionnaire surveys, fact-finding inquiries, and interviews. Data analysis is one of the important components of quantitative research.

The quantitative method is also sometimes termed an empirical approach as data are collected to test the hypothesis or examine the propositions or interpretations of findings.

Advantages of the Quantitative Legal Research Methods

• First, quantitative data are gathered by various forms of statistical techniques based on the principles of mathematics and probability. The analysis appears to be based on objective laws rather than the researcher’s values.
• Second, statistical tests of significance give researchers additional credibility in terms of their interpretations and their confidence in their findings.
• Third, quantitative data analysis provides a solid foundation for description and analysis.
• Fourth, large volumes of quantitative data can be analyzed relatively quickly, provided adequate preparation and planning have occurred in advance.
• Finally, tables and charts effectively organize quantitative data and communicate the findings to others.

The quantitative research method supplements traditional legal research to investigate the complexities of the law, legal actors, and legal activities.

Quantitative legal research is mostly applicable for conducting non-doctrinal, empirical, and socio-legal research . Objectivity remains the main aspect of quantitative research.

A set of rules or procedures should be followed in quantitative research, even though qualitative research tends to be more flexible.

While the researcher’s values and bias influence qualitative research, quantitative research seeks to report the findings objectively, and the role of the researcher is neutral.

Which One is Better – Quantitative or Qualitative Legal Research Methods?

To some extent, it depends on the training of the researcher and the nature of the research questions. But choosing one method in exclusion of others may be counterproductive for advancing legal scholarship.

Rather blending both quantitative and qualitative approaches can be the best way to accomplish the objectives of research work.

It is generally accepted that using more than one method strengthens the validity and credibility of the research.

5 Approaches to Legal Research

Legal research methodology is not particularly different from the research methodology used in other disciplines.

Nonetheless, it has some special attributes regarding source materials and ways of approaching the problems.

Researchers should be clear about the methodology and reasons for choosing a particular methodology.

Effective legal research is hardly possible without a proper understanding of research methodology . A researcher should justify the important methodological choices in their work.

Legal research may be of combination of methods for interpreting and applying legally relevant information. There are no single or universal approaches to legal research methodologies.

There are several approaches to research methodology , such as analytical, inter-disciplinary, comparative, and historical.

A particular type of methodology depends considerably upon the research question formulated and the sources of materials chosen.

Analytical Approach to Legal Research

Interdisciplinary approach to legal research, socio-legal approach to legal research, comparative approach to legal research, historical approach to legal research.

An analytical method is the most important and widely used in legal research. The analysis involves an explanation of the cause and effect of complex phenomena.

Analytical skill is crucial for any legal researcher. The analytical approach requires logical reasoning and interpreting laws to conclude .

Since laws are written in abstract and general terms by their nature, it is the researchers’ and judges’ task to apply those general rules to concrete factual circumstances, for which they apply logic and common sense to analyze and interpret the words in the law.

In most cases, the analytical approach deals with one or more legal concepts or legal theories.

Analytical research uses interpretive methods to examine cases, statutes, and other forms of law to seek out, construct, or reconstruct rules and principles.

An analytical approach is sometimes viewed as doctrinal research.

Doctrinal research of law provides a systematic exposition of the rules governing a particular legal category, analyses the relationship between the rules, explains areas of difficulty, and predicts future developments.

The sources of law have been the primary materials, law doctrines, case law, and legislation. The legal research is largely confined to an analysis of legal doctrine .

The salient characteristic of the analytical approach is its emphasis on the autonomy of law as an independent discipline or science.

Thus, the analytical approach of legal research can lead to ‘close reasoning.’

The analytical method serves the fundamental object of giving effect to the terms of a legislative instrument.

Analytical research is applied to dissect the terms of a provision, draw inferences from them, and apply the conclusions to resolve legal questions.

The most relevant aspects of the analytical approach are:

• what did the law-maker intend to achieve with the legislation under consideration?
• What is the underlying policy rationale of a piece of legislation?

In the analytical approach, the researcher should highlight the positive aspect of the law, e.g., what a legal situation is, and its normative aspect, e.g., what a legal situation should be.

Thus, it not only describes facts and circumstances but also defines parameters and interprets the facts. It involves applying critical judgment and developing one’s view of the situation.

The normative analysis concerns rational criticism and evaluation of legal doctrines and rules. Such judicial interpretation and process should only be a logical application of existing rules of law .

On the other hand, the positivistic approach holds that the conception of law is a coherent and complete system.

It implies a concerted effort to integrate disciplinary insights and apply the integrated insight to the study of problems.

The interdisciplinary approach of legal research advances the proposition that legal research ought not to content itself with the strictly legal but should also explore the interface between law and the other disciplines.

It integrates disciplines such as history, political science, economics and philosophy, and even different methodologies.

The interdisciplinary approach is distinguished from a multidisciplinary approach, which juxtaposes several disciplines without any attempt to integrate or synthesize aspects of their knowledge and perspectives.

The interdisciplinary approach requires looking at various aspects of the subject and viewing it from more than one perspective.

The interdisciplinary approach suggests the accommodation of sociology of law, economics and law, and law and technology within a single discourse to integrate and establish communicative links between disciplines.

The objective of interdisciplinary research is to combine knowledge, skills, and forms of research experience from two or several disciplines to transcend some of the theoretical and methodological limitations of the discipline in question and create a basis for developing a new form of analysis.

This is evident from integration because legal researchers and lawyers need to look at the law from a much broader angle than previously.

Inter-disciplinary research is “research designed to secure a deeper understanding of law as a social phenomenon, including research for the historical, philosophical, linguistic, economic, social or political implications of the law.”

On the other hand, it also seeks to evaluate the influence of other disciplines on legal scholarship. An interdisciplinary approach often produces results relevant to more than one discipline.

This interrelationship of disciplines is often reflected because many reputed law schools have designed their curriculum to include other subjects to explain a problem coherently and logically.

The interdisciplinary approach also suggests that social science methodologies and information are integrated into legal discourse.

The interdisciplinary approach as the interface of law and social science dates back to the Realist movement in the 1930s and 1940s. That movement highlighted the differences between ‘law in the books’ and ‘law in action.’

A sociological approach to law is one of the most characteristic features of modem jurisprudence—the socio-legal approach views law as a means of social control and change.

According to this approach, the law is essentially a social phenomenon.

The sociology of law seeks to explain the nature o law in terms of the empirical conditions within which doctrines and institutions exist in particular societies or social conditions.

Socio-legal research uses the theories and methods of social science to explore the operation of law, legal processes, and legal institutions.

The sociological approach tells us that law is a social phenomenon and works in a social setting instead of a textual approach.

According to the socio-legal approach, analysis of law is directly linked to the analysis of the social situation to which the law applies and should be put into the perspective of that situation.

It contrasts with the textual or ‘ black letter law ‘ approach, which emphasizes the text’s literal meaning. It calls for going beyond the ‘black letter law and investigating the social milieu against which law is enacted and applied.

On the relationship between law and sociology, Roger Cotterrell wrote succinctly.

Both law and sociology are concerned with the whole range of significant forms of social relationships.

And in practice, the criteria determining which relationships are significant are often similar, deriving from the same cultural assumptions or conceptions of policy relevance.

Furthermore, both legal and sociological inquiries typically seek to view these phenomena as part of, or potentially part of, an integrated social structure.

Thus, law and sociology share a fundamentally similar basic subject matter despite their radical differences in method and outlook.

Law is the practical craft of systematic control of social relations and institutions.

Sociology is the scientific enterprise that seeks systematic knowledge of them.

The socio-legal approach helps researchers to realize a closer understanding of the policy objectives of any legal rule.

The sociological views law as an emanation of social elements and depends not on state authority but on social compulsion.

The socio-legal research assesses the impact of legal doctrines upon society.

The sociological approach tries to investigate through empirical data how law and legal institutions affect human attitudes and what impact they create on society; assess the suitability of legal institutions to the needs of society.

It aims to understand legal and social phenomena, whereas the main concern of the traditional approach to jurisprudence is to undertake analytical-linguistic studies.

Using the law as an instrument of government policy requires understanding the socio-economic context in which the law works and what effects are likely to happen.

In socio-legal research, the law is considered one of the social policy tools.

A wide range of strategies is used in socio-legal research, from the statistical analysis of the survey to the interview analysis.

By using these strategies, the socio-legal approach addresses the following questions:

• what are the effects of law and the legal order on the social order?
• What are the effects of the social order on the legal order?
• What are the effects of the law on attitude, behavior, institutions, and organizations in society, maintenance, and change of society?
• What are the effects of attitudes, maintenance, behavior, institutions, and organizations in society, maintenance, and change of society on the law?

Each legal system has its history, fundamental principles and procedures, and forms of legal publication sources.

But in this globalized and interdependent world-the study of the law of other countries is assuming greater significance.

The law of foreign countries is increasingly becoming relevant in national court proceedings involving international transactions.

Interaction between various legal systems is sometimes described as a transnational legal system. The comparative method is advantageous for understanding the transnational legal system.

The comparative approach as a study of legal systems by comp comparison has assumed wider significance due to the ongoing globalization process.

With the growth of international and regional legal orders, understanding the forms and methods of comparative legal study has become essential to all those wishing to understand and engage in current legal debates.

Even one needs a comparative method to understand the law within one’s own country. The comparative method offers how the differences between the law of diverse countries and systems are analyzed.

In this way, a comparative study is appreciated for its benefit to the national legal system.

The comparative method aims to harmonize but not unify the world’s different laws and legal cultures.

Because often, the comparative approach may involve a comparison of two or more national legal systems.

But undoubtedly, comparative study helps to harmonize the laws of different countries.

In this sense, it has an international dimension.

The comparative approach takes the insider’s view on the legal systems studied and helps understand the institutional structure of concepts, thinking, and organizations of the systems in question.

The comparative method denotes different ways of addressing the same issue and finding differences. The comparison may give a fuller view of the subject under investigation.

However, the objective of the comparative method is not to draw mere similarities and dissimilarities.

Instead, it can enable a researcher to suggest a suitable solution to legal problems in light of a set of rules ideal for a given society.

The comparative method may confer the following 3 advantages:

• comparative research can throw doubts on the usefulness or firmly entrenched views;
• it may suggest a suitable solution to legal problems;
• A comparative study tends to aid in assembling which principles, applicable in the field concerned, are fundamental and which are secondary.

The historical approach looks at the evolution and development of a particular system of rules to provide useful contextual background and a fuller understanding of a certain legal discipline both for the researcher and the ultimate reader.

A historical approach examines the relations between law and events, showing how the law has been used at different times for different purposes and how it connects with interests and classes, political ends, and social movements.

The historical approach helps us understand how a particular institution or law evolved and why they need a change in the present context.

It takes the view that history has a significant role in explaining the current state of law, its past development, and likely future direction.

For example, to understand the institutional and jurisdictional aspects of the United Nations , a brief look at the whole concept and history of collective security and that of the League of Nations could be of some help.

The historical approach takes us from the past to the future. The historical approach serves to understand the present situation and shows the general trend of changes in laws.

As the present can not be properly understood without some knowledge about the past, the foremost purpose of the historical approach is to gain a clear perspective of the present.

But historical research can aim at the simply scholarly desire of the researcher to arrive at an accurate account of the past.

The sources of the historical approach include parliamentary debates on any legislative scheme, official reports of inquiry, case reports, newspaper reports, and journals.

The researcher should be careful about the authenticity and integrity of the documents.

In evaluating documents, the researcher should try to determine their completeness by verifying whether there have been additions or deletions to the original text.

The researcher should also maintain objectivity in interpreting historical events and show an adequate historical perspective of the issue under research.

For this purpose, primary sources or historical documents should be used as extensively as possible .

There is “no set legal methodology” that is applicable in all cases. It is not always possible to make clear-cut distinctions among the above ways of approaching the methodology.

A research paper that is concerned essentially with examining a subject may also involve comparison.

The researcher can choose a method best suited to questions and available sources. It depends upon the nature of the research question.

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How to Conduct Legal Research

September 21, 2021

Conducting legal research can challenge even the most skilled law practitioners.

As laws evolve across jurisdictions, it can be a difficult to keep pace with every legal development. Equally daunting is the ability to track and glean insights into stakeholder strategies and legal responses. Without quick and easy access to the right tools, the legal research upon which case strategy hinges may face cost, personnel, and litigation outcome challenges.

Bloomberg Law’s artificial intelligence-driven tools drastically reduce the time to perform legal research. Whether you seek quick answers to legal research definitions, or general guidance on the legal research process, Bloomberg Law’s Core Litigation Skills Toolkit has you covered.

What is legal research?

Legal research is the process of uncovering and understanding all of the legal precedents, laws, regulations, and other legal authorities that apply in a case and inform an attorney’s course of action.

Legal research often involves case law research, which is the practice of identifying and interpreting the most relevant cases concerning the topic at issue. Legal research can also involve a deep dive into a judge’s past rulings or opposing counsel’s record of success.

Research is not a process that has a finite start and end, but remains ongoing throughout every phase of a legal matter. It is a cornerstone of a litigator’s skills.

[Learn how our integrated, time-saving litigation research tools allow litigators to streamline their work and get answers quickly.]

Where do I begin my legal research?

Beginning your legal research will look different for each assignment. At the outset, ensure that you understand your goal by asking questions and taking careful notes. Ask about background case information, logistical issues such as filing deadlines, the client/matter number, and billing instructions.

It’s also important to consider how your legal research will be used. Is the research to be used for a pending motion? If you are helping with a motion for summary judgment, for example, your goal is to find cases that are in the same procedural posture as yours and come out favorably for your side (i.e., if your client is the one filing the motion, try to find cases where a motion for summary judgment was granted, not denied). Keep in mind the burden of proof for different kinds of motions.

Finally, but no less important, assess the key facts of the case. Who are the relevant parties? Where is the jurisdiction? Who is the judge? Note all case details that come to mind.

What if I’m new to the practice area or specific legal issue?

While conducting legal research, it is easy to go down rabbit holes. Resist the urge to start by reviewing individual cases, which may prove irrelevant. Start instead with secondary sources, which often provide a prevailing statement of the law for a specific topic. These sources will save time and orient you to the area of the law and key issues.

Litigation Practical Guidance provides the essentials including step-by-step guidance, expert legal analysis, and a preview of next steps. Source citations are included in all Practical Guidance, and you can filter Points of Law, Smart Code®, and court opinions searches to get the jurisdiction-specific cases or statutes you need.

Searching across Points of Law will help to get your bearings on an issue before diving into reading the cases in full. Points of Law uses machine learning to identify key legal principles expressed in court opinions, which are easily searchable by keyword and jurisdiction. This tool helps you quickly find other cases that have expressed the same Point of Law, and directs you to related Points of Law that might be relevant to your research. It is automatically updated with the most recent opinions, saving you time and helping you quickly drill down to the relevant cases.

How do I respond to the opposing side’s brief?

Whether a brief is yours or that of the opposing party, Bloomberg Law’s Brief Analyzer is an essential component in the legal research process. It reduces the time spent analyzing a brief, identifying relevant authorities, and preparing a solid response.

To start, navigate to Brief Analyzer available from the Bloomberg Law homepage, within the Litigation Intelligence Center , or from Docket Key search results for briefs.

Simply upload the opposing side’s brief into the tool, and Brief Analyzer will generate a report of the cited authorities and arguments contained in the brief.

You can easily view a comparison with the brief and analysis side by side. It will also point you directly to relevant cases, Points of Law, and Practical Guidance to jump start your research.

[ How to Write a Legal Brief – Learn how to shorten the legal research cycle and give your legal brief a competitive advantage.]

How to optimize your search.

Crafting searches is a critical skill when it comes to legal research. Although many legal research platforms, including Bloomberg Law, offer natural language searching, terms and connectors (also called Boolean) searching is still a vital legal research skill and should be used when searching across court opinions, dockets, Points of Law, and other primary and secondary sources.

When you conduct a natural language search, the search engine applies algorithms to rank your results. Why a certain case is ranked as it is may not be obvious. This makes it harder to interpret whether the search is giving you everything you need. It is also harder to efficiently and effectively manipulate your search terms to zero in on the results you want. Using Boolean searching gives you better control over your search and greater confidence in your results.

The good news? Bloomberg Law does not charge by the search for court opinion searches. If your initial search was much too broad or much too narrow, you do not have to worry about immediately running a new and improved search.

Follow these tips when beginning a search to ensure that you do not miss relevant materials:

• Make sure you do not have typos in your search string.
• Search the appropriate source or section of the research platform. It is possible to search only within a practice area, jurisdiction, secondary resource, or other grouping of materials.
• Make sure you know which terms and connectors are utilized by the platform you are working on and what they mean – there is no uniform standard set of terms of connectors utilized by all platforms.
• Include in your search all possible terms the court might use, or alternate ways the court may address an issue. It is best to group the alternatives together within a parenthetical, connected by OR between each term.
• Consider including single and multiple character wildcards when relevant. Using a single character wildcard (an asterisk) and/or a multiple character wildcard (an exclamation point) helps you capture all word variations – even those you might not have envisioned.
• Try using a tool that helps you find additional relevant case law. When you find relevant authority, use BCITE on Bloomberg Law to find all other cases and/or sources that cite back to that case. When in BCITE, click on the Citing Documents tab, and search by keyword to narrow the results. Alternatively, you can use the court’s language or ruling to search Points of Law and find other cases that addressed the same issue or reached the same ruling.

[Bloomberg Law subscribers can access a complete checklist of search term best practices . Not a subscriber? Request a Demo .]

How can legal research help with drafting or strategy?

Before drafting a motion or brief, search for examples of what firm lawyers filed with the court in similar cases. You can likely find recent examples in your firm’s internal document system or search Bloomberg Law’s dockets. If possible, look for things filed before the same judge so you can get a quick check on rules/procedures to be followed (and by the same partner when possible so you can get an idea of their style preferences).

Careful docket search provides a wealth of information about relevant cases, jurisdictions, judges, and opposing counsel. On Bloomberg Law, type “Dockets Search” in the Go bar or find the dockets search box in the Litigation Intelligence Center .

If you do not know the specific docket number and/or court, use the docket search functionality Docket Key . Select from any of 20 categories, including motions, briefs, and orders, across all 94 federal district courts, to pinpoint the exact filing of choice.

Dockets can also help you access lots of information to guide your case strategy. For example, if you are considering filing a particular type of motion, such as a sanctions motion, you can use dockets to help determine how frequently your judge grants sanctions motions. You can also use dockets to see how similar cases before your judge proceeded through discovery.

If you are researching expert witnesses, you can use dockets to help determine if the expert has been recently excluded from a case, or whether their opinion has been limited. If so, this will help you determine whether the expert is a good fit for your case.

Dockets are a powerful research tool that allow you to search across filings to support your argument. Stay apprised of docket updates with the “Create Alert” option on Bloomberg Law.

Dive deeper into competitive research.

For even more competitive research insights, dive into Bloomberg Law’s Litigation Analytics – this is available in the Litigation tab on the homepage. Data here helps attorneys develop litigation strategy, predict possible outcomes, and better advise clients.

To start, under Litigation Analytics , leverage the Attorney tab to view case history and preview legal strategies the opposition may practice against you. Also, within Litigation Analytics, use the Court tab to get aggregate motion and appeal outcome rates across all federal courts, with the option to run comparisons across jurisdictions, and filter by company, law firm, and attorney.

Use the Judge tab to glean insights from cited opinions, and past and current decisions by motion and appeal outcomes. Also view litigation analytics in the right rail of court opinions.

Docket search can also offer intel on your opponent. Has your opponent filed similar lawsuits or made similar arguments before? How did those cases pan out? You can learn a lot about an opponent from past appearances in court.

How do I validate case law citations?

Checking the status of case law is essential in legal research. Rely on Bloomberg Law’s proprietary citator, BCITE. This time-saving tool lets you know if a case is still good law.

Under each court opinion, simply look to the right rail. There, you will see a thumbnail icon for “BCITE Analysis.” Click on the icon, and you will be provided quick links to direct history (opinions that affect or are affected by the outcome of the case at issue); case analysis (citing cases, with filter and search options), table of authorities, and citing documents.

How should I use technology to improve my legal research?

A significant benefit of digital research platforms and analytics is increased efficiency. Modern legal research technology helps attorneys sift through thousands of cases quickly and comprehensively. These products can also help aggregate or summarize data in a way that is more useful and make associations instantaneously.

For example, before litigation analytics were common, a partner may have asked a junior associate to find all summary judgment motions ruled on by a specific judge to determine how often that judge grants or denies them. The attorney could have done so by manually searching over PACER and/or by searching through court opinions, but that would take a long time. Now, Litigation Analytics can aggregate that data and provide an answer in seconds. Understanding that such products exist can be a game changer. Automating parts of the research process frees up time and effort for other activities that benefit the client and makes legal research and writing more efficient.

[Read our article: Six ways legal technology aids your litigation workflow .]

Tools like  Points of Law ,  dockets  and  Brief Analyzer  can also increase efficiency, especially when narrowing your research to confirm that you found everything on point. In the past, attorneys had to spend many hours (and lots of money) running multiple court opinion searches to ensure they did not miss a case on point. Now, there are tools that can dramatically speed up that process. For example, running a search over Points of Law can immediately direct you to other cases that discuss that same legal principle.

However, it’s important to remember that digital research and analytical tools should be seen as enhancing the legal research experience, not displacing the review, analysis, and judgment of an attorney. An attorney uses his or her knowledge of their client, the facts, the precedent, expert opinions, and his or her own experiences to predict the likely result in a given matter. Digital research products enhance this process by providing more data on a wider array of variables so that an attorney can take even more information into consideration.

[Get all your questions answered, request a Bloomberg Law demo , and more.]

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Defining and Describing What We Do: Doctrinal Legal Research

The practitioner lawyer of the past had little need to reflect on process. The doctrinal research methodology developed intuitively within the common law — a research method at the core of practice. There was no need to justify or classify it within a broader research framework. Modern academic lawyers are facing a different situation. At a time when competition for limited research funds is becoming more intense, and in which interdisciplinary work is highly valued and non-lawyers are involved in the assessment of grant applications, lawyer-applicants who engage in doctrinal research need to be able to explain their methodology more clearly. Doctrinal scholars need to be more open and articulate about their methods. These methods may be different in different contexts. This paper examines the doctrinal method used in legal research and its place in recent research dialogue. Some commentators are of the view that the doctrinal method is simply scholarship rather than a separate research methodology. Richard Posner even suggests that law is ‘not a field with a distinct methodology, but an amalgam of applied logic, rhetoric, economics and familiarity with a specialized vocabulary and a particular body of texts, practices, and institutions ...’.1 Therefore, academic lawyers are beginning to realise that the doctrinal research methodology needs clarification for those outside the legal profession and that a discussion about the standing and place of doctrinal research compared to other methodologies is required.

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PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.

Third Party Beneficiary: A Comparative Analysis

Chapter 4 of the new Israeli Contracts (General Part) Law, 1973, introduces the concept of a contract in favour of a third party, while granting express recognition to the right of a third party beneficiary. Even those, (including the author) who maintain, that the right of a third party beneficiary could and should be derived, even before the commencement of the new Law, from the general principles and premises of the old Israeli law of contract, cannot fail to see in the above-mentioned chapter an important innovation in the Israeli legal system.This paper is a comparative analysis of the institution of third party beneficiary. The analysis will consist of a presentation and critical examination of the central concepts and doctrines involved in the institution under discussion, and it will be combined with a comparative survey of the arrangements adopted in various legal systems. The choice of this approach stems from the particular circumstances of the new legislation.While in most countries, comparative legal research is a luxury, in Israel it is a necessity. The new legislation in private law is inspired to a great extent by Continental codifications. As far as the law of contract is concerned, Israel is now in the process of becoming a “mixed jurisdiction”: departing from the common law tradition and technique, and heading towards an independent body of law, derived from various sources, mainly Continental in both substance and form.

1. The historical origins of the trust

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.

Is Separation still an Important Component of Marital Dissolution?

This research examines the diversification and changes in the Canadian family form over the past 25 years. While the husband-wife family has declined over this time period, it still remains the dominant family form. Statistics Canada census statistics allows for the examination of new family forms since 1981, as the common-law partnership and the now married have been distinguished within the husband-wife family category. With the introduction of the 1968 and 1985 Divorce Acts, separation became a major ground for divorce in Canada. Marital breakdown should be measured by the incidence of both divorce and separation. The popularity of cohabitation further clouds the measuring of total partnership breakdown since separation of cohabiting partners is not recorded. This research focuses on the change in marital separation and the increase in cohabitation since 1981. Marital separation has declined in its contribution to total marital dissolution since 1985.

Applicability of the 2017 FIDIC Red Book in Civil Law Jurisdictions

Abstract In 2017, the FIDIC launched a new edition of its Red Book—a recommended construction-related contract for building and engineering works designed by the employer. The roots of this book were influenced by the common law legal system, whereas many countries follow the civil law legal system. Amongst the latter countries is the United Arab Emirates, which has attracted construction parties from all over the world. Those who wish to use the Red Book amongst such parties should be acquainted with the local limitations on its applicability. Such acquaintance can provide them with a proper understanding of their rights and obligations. This article discusses these limitations using the doctrinal research method, which included, inter alia, an examination of all relevant decisions by local higher courts during the 2009-2019 period. The discussion shows that such limitations can be confronted owing to conflicts with local judicial jurisprudence and/or mandatory statutory provisions.

What Does History Matter to Legal Epistemology?

Abstract This paper argues that not only does history matter to legal epistemology, but also that understanding legal epistemology can yield a certain understanding of the past. The paper focuses on the common law practice of precedent and argues that there is no set of rules, principles, reasons or material facts that constitute the fixed or foundational content of past decisions (a ‘timeless what’ that determines its own relevance), but rather that what is taken by a judge resolving a particular dispute to be the content of past decisions depends on the active and creative construal of relevance engaged in by that judge. Precedents are better thought of as ‘thick resources with dynamic content’. Such content is constrained by a variety of stabilising practices, but never so constrained as to determine how it can be construed to be relevant. This image of law’s past may offer a general view of the past as something with which we can actively and creatively relate in the course of coping with the present.

Predicting the Past: The Declaratory Theory of the Common Law – From Fairytale to Nightmare

The chartists and the constitution: revisiting british popular constitutionalism.

AbstractDespite having a powerful influence on the historiography of radicalism and nineteenth-century politics for the past several decades, the language of the constitution has not recently received scholarly attention. In Chartist and radical historiography, the constitution is usually treated as a narrative of national political development. This article extends the horizons of Chartist constitutionalism by exploring its similarities with American constitutionalism. By doing so, it also opens up questions regarding the ideas of the movement. Like the Americans sixty years before, the Chartists were confronted by a parliament that they believed had superseded its constitutional authority. This perception was informed by a belief that the constitution rested on the authority of the fixed principles of fundamental law, which they argued placed limits beyond which Parliament had no power to reach. As a result, the Chartists imagined that the British constitution functioned like a written constitution. To support this claim, they drew on a sophisticated interpretation of English law that argued that the common law was closely related to natural law.

The Application of Caveat Emptor and Caveat Venditor Doctrines from Civil and Islamic Perspectives

Since a long time ago, consumers have never been completely safe from exposure to the risk of purchasing defective products, which may cause an adverse effect on them. The introduction of the doctrines of caveat emptor and caveat venditor became a part of the common law to resolve disputes between manufacturers, sellers, and consumers. This study therefore aims to analyze the application of the caveat emptor and caveat venditor doctrines according to civil and Islamic perspectives to see how far the application of both doctrines can provide justice to consumers. Utilizing doctrinal approach based on the methodology of qualitative legal research, this study involves in-depth analysis of statutory provisions, court cases, Quranic texts, hadiths, and the opinions of Muslim scholars. The research findings were analyzed through content analysis and critical analysis methods. This study has proven that there are legal problems with regards to the application of the caveat emptor doctrine and its resulting negative impact on consumers, thus leading to the formation of the caveat venditor doctrine. Although the term “caveat venditor” and its definition are not expressly mentioned in the Qur’an and the hadiths, the application of the doctrine is seen to have a strong foundation in Islam. The results of this study are expected to contribute significant new knowledge in the field of consumer law since a comparative analysis of the application of both doctrines according to civil and Islamic perspectives is still lacking, especially in cases involving the selling of defective products.

Praktik Jual Beli Hewan yang Sedang Mengandung di Pasar Sapi Nganjuk Menurut Persepektif Hukum Islam

This research aims to clarify the practice of sale and purchase agreement of pregnant livestock in Market livestock Nganjuk Regency based on the Islamic law perspective. The central issue of this research concerns the exsistence of an additional payment after delivery.  This research used the normative legal research method, with a statutory approach and supported by an analytical qualitative research approach. This study found that the practice of sale is unlawful regarding to Islamic law because of uncertainty in the consented price and forbidden object in syariah namely livestock in the womb. However, this transaction has not accomodated yet in Indonesian laws eventhough there is possibility of dispute among parties. Therefore, this research recommends that the statutes in the field of Islamic commercial law enables to cover the common transaction in society and not limited for Islamic financial institution in order to give protection due to shari’ah.

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Legal Dissertation: Research and Writing Guide

About this guide, video on choosing a topic, tools on westlaw, lexis and bloomberg, circuit splits, research methodologies, additional methodology resources, conducting a literature review, beginning research, writing style guides, citation guides, ask a librarian.

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About This Page

Choosing a topic can be one of the most challenging aspects of writing an extensive paper. This page has resources to help you find topics and inspiration, before you get started on the in-depth research process.

Related Guides

Citation and Writing Resources

Legal Research Tutorials

Secondary Sources for Legal Research

Methods of Finding Cases

Methods of Finding Statutes

Current Awareness and Alerting Resources

Compiling State Legislative Histories

Locating International and Foreign Law Journals

This guide contains resources to help students researching and writing a legal dissertation or other upper-level writing project. Some of the resources in this guide are directed at researching and writing in general, not specifically on legal topics, but the strategies and tips can still be applied.

The Law Library maintains a number of other guides on related skills and topics that may be of interest:

The Wells Library also maintains guides. A few that may be helpful for managing research can be found here:

Choosing a Topic

This video discusses tips and strategies for choosing a dissertation topic.

Note: this video is not specific to legal dissertation topics, but it may still be of interest as an overview generally.

The Bloomberg/BNA publication United States Law Week can be a helpful resource for tracking down the major legal stories of the day.  Log into Bloomberg Law, in the big search box, start typing United States Law Week and the title will appear in the drop down menu beneath the box. This publication provides coverage of top legal news stories, and in-depth "insight" features.

If you have a general idea of the area of law you wish to write about, check out the Practice Centers on Bloomberg. From the homepage, click the Browse link in the top left-hand corner. Then select Practice Centers and look for your area of law. Practice Centers are helpful because they gather cases, statutes, administrative proceedings, news, and more on the selected legal area.

Bloomberg has other news sources available as well. From the homepage, click the Browse link in the top left-hand corner. Then select News and Analysis, then select News or Analysis, and browse the available topics.

If you know what area of law you'd like to write about, you may find the Browse Topics feature in Lexis Advance helpful for narrowing down your topic. 

Log into Lexis Advance, click the Browse Topics tab, and select a topic.  If you don't see your topic listed, try using the provided search bar to see whether your topic is categorized as a sub-topic within this list. 

Once you click on a topic, a box pops up with several options.  If you click on Get Topic Document, you'll see results listed in a number of categories, including Cases, Legislation, and more.  The News and Legal News categories at the right end of the list may help you identify current developments of interest for your note.  Don't forget about the filtering options on the left that will allow you to search within your results, narrow your jurisdiction, and more.

Similar to Lexis Advance, Westlaw Edge has a Topics tab that may be helpful if you know what area of law you'd like to write about.

Log onto Westlaw Edge, and click on the Topics tab.  This time, you won't be able to search within this list, so if you're area is not listed, you should either run a regular search from the main search bar at the top or try out some of the topics listed under this tab - once you click on a topic, you can search within its contents.

What is great about the Topics in Westlaw Edge is the Practitioner Insights page you access by clicking on a topic.  This is an information portal that allows you quick access to cases, legislation, top news, and more on your selected topic.

In United States federal courts, a circuit split occurs whenever two or more circuit courts of appeals issue conflicting rulings on the same legal question. Circuit splits are ripe for legal analysis and commentary because they present a situation in which federal law is being applied in different ways in different parts of the country, even if the underlying litigants themselves are otherwise similarly situated. The Supreme Court also frequently accepts cases on appeal that involve these types of conflicted rulings from various sister circuits.

To find a circuit split on a topic of interest to you, try searching on Lexis and Westlaw using this method:

in the search box, enter the following: (circuit or court w/s split) AND [insert terms or phrases to narrow the search]

You can also browse for circuit splits on Bloomberg. On the Bloomberg homepage, in the "Law School Success" box, Circuit Splits Charts appear listed under Secondary Sources.

Other sources for circuit splits are American Law Reports (ALR) and American Jurisprudence (AmJur). These publications provide summaries of the law, point out circuit splits, and provide references for further research.

"Blawgs" or law-related blogs are often written by scholars or practitioners in the legal field.  Ordinarily covering current events and developments in law, these posts can provide inspiration for note topics.  To help you find blawgs on a specific topic, consider perusing the ABA's Blawg Directory or Justia's Blawg Search .

Research Methodology

Types of research methodologies.

There are different types of research methodologies. Methodology refers to the strategy employed in conducting research. The following methodologies are some of the most commonly used in legal and social science research.

Doctrinal legal research methodology, also called "black letter" methodology, focuses on the letter of the law rather than the law in action. Using this method, a researcher composes a descriptive and detailed analysis of legal rules found in primary sources (cases, statutes, or regulations). The purpose of this method is to gather, organize, and describe the law; provide commentary on the sources used; then, identify and describe the underlying theme or system and how each source of law is connected.

Doctrinal methodology is good for areas of law that are largely black letter law, such as contract or property law. Under this approach, the researcher conducts a critical, qualitative analysis of legal materials to support a hypothesis. The researcher must identify specific legal rules, then discuss the legal meaning of the rule, its underlying principles, and decision-making under the rule (whether cases interpreting the rule fit together in a coherent system or not). The researcher must also identify ambiguities and criticisms of the law, and offer solutions. Sources of data in doctrinal research include the rule itself, cases generated under the rule, legislative history where applicable, and commentaries and literature on the rule.

This approach is beneficial by providing a solid structure for crafting a thesis, organizing the paper, and enabling a thorough definition and explanation of the rule. The drawbacks of this approach are that it may be too formalistic, and may lead to oversimplifying the legal doctrine.

Comparative

Comparative legal research methodology involves critical analysis of different bodies of law to examine how the outcome of a legal issue could be different under each set of laws. Comparisons could be made between different jurisdictions, such as comparing analysis of a legal issue under American law and the laws of another country, or researchers may conduct historical comparisons.

When using a comparative approach be sure to define the reasons for choosing this approach, and identify the benefits of comparing laws from different jurisdictions or time periods, such as finding common ground or determining best practices and solutions. The comparative method can be used by a researcher to better understand their home jurisdiction by analyzing how other jurisdictions handle the same issue. This method can also be used as a critical analytical tool to distinguish particular features of a law. The drawback of this method is that it can be difficult to find material from other jurisdictions. Also, researchers should be sure that the comparisons are relevant to the thesis and not just used for description.

This type of research uses data analysis to study legal systems. A detailed guide on empirical methods can be found here . The process of empirical research involves four steps: design the project, collect and code the data, analyze the data, determine best method of presenting the results. The first step, designing the project, is when researchers define their hypothesis and concepts in concrete terms that can be observed. Next, researchers must collect and code the data by determining the possible sources of information and available collection methods, and then putting the data into a format that can be analyzed. When researchers analyze the data, they are comparing the data to their hypothesis. If the overlap between the two is significant, then their hypothesis is confirmed, but if there is little to no overlap, then their hypothesis is incorrect. Analysis involves summarizing the data and drawing inferences. There are two types of statistical inference in empirical research, descriptive and causal. Descriptive inference is close to summary, but the researcher uses the known data from the sample to draw conclusions about the whole population. Causal inference is the difference between two descriptive inferences.

Two main types of empirical legal research are qualitative and quantitative.

Quantitative, or numerical, empirical legal research involves taking information about cases and courts, translating that information into numbers, and then analyzing those numbers with statistical tools.

Qualitative, or non-numerical, empirical legal research involves extracting  information from the text of court documents, then interpreting and organizing the text into categories, and using that information to identify patterns.

Drafting The Methodology Section

This is the part of your paper that describes the research methodology, or methodologies if you used more than one. This section will contain a detailed description of how the research was conducted and why it was conducted in that way. First, draft an outline of what you must include in this section and gather the information needed.

Generally, a methodology section will contain the following:

• Statement of research objectives
• Reasons for the research methodology used
• Description and rationale of the data collection tools, sampling techniques, and data sources used, including a description of how the data collection tools were administered
• Discussion of the limitations
• Discussion of the data analysis tools used

Be sure that you have clearly defined the reasoning behind the chosen methodology and sources.

• Legal Reasoning, Research, and Writing for International Graduate Students Nadia E. Nedzel Aspen (2004) A guide to American legal research and the federal system, written for international students. Includes information on the research process, and tips for writing. Located in the Law Library, 3rd Floor: KF 240 .N43 2004.
• Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Mark van Hoecke Oxford (2013) This book examines different methods of legal research including doctrinal, comparative, and interdisciplinary. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 235 .M476 2013. IU students may request item via IUCAT.
• An Introduction to Empirical Legal Research Lee Epstein and Andrew D. Martin Oxford University Press (2014) This book includes information on designing research, collecting and coding data, analyzing data, and drafting the final paper. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 85 .E678 2014. IU students may request item via IUCAT.
• Emplirical Legal Studies Blog The ELS blog was created by several law professors, and focuses on using empirical methods in legal research, theory, and scholarship. Search or browse the blog to find entries on methodology, data sources, software, and other tips and techniques.

Literature Review

The literature review provides an examination of existing pieces of research, and serves as a foundation for further research. It allows the researcher to critically evaluate existing scholarship and research practices, and puts the new thesis in context. When conducting a literature review, one should consider the following: who are the leading scholars in the subject area; what has been published on the subject; what factors or subtopics have these scholars identified as important for further examination; what research methods have others used; what were the pros and cons of using those methods; what other theories have been explored.

The literature review should include a description of coverage. The researcher should describe what material was selected and why, and how those selections are relevant to the thesis. Discuss what has been written on the topic and where the thesis fits in the context of existing scholarship. The researcher should evaluate the sources and methodologies used by other researchers, and describe how the thesis different.

The following video gives an overview of conducting a literature review.

Note: this video is not specific to legal literature, however it may be helpful as a general overview.

Not sure where to start? Here are a few suggestions for digging into sources once you have selected a topic.

Research Guides

Research guides are discovery tools, or gateways of information. They pull together lists of sources on a topic. Some guides even offer brief overviews and additional research steps specifically for that topic. Many law libraries offer guides on a variety of subjects. You can locate guides by visiting library websites, such as this Library's site , the Law Library of Congress , or other schools like Georgetown . Some organizations also compile research guides, such as the American Society of International Law . Utilizing a research guide on your topic to generate an introductory source list can save you valuable time.

Secondary Sources

It is often a good idea to begin research with secondary sources. These resources summarize, explain, and analyze the law. They also provide references to primary sources and other secondary sources. This saves you time and effort, and can help you quickly identify major themes under your topic and help you place your thesis in context.

Encyclopedias provide broad coverage of all areas of the law, but do not go in-depth on narrow topics, or discuss differences by jurisdiction, or  include all of the pertinent cases. American Jurisprudence ( AmJur ) and Corpus Juris Secundum ( CJS ) have nationwide coverage, while the Indiana Law Encyclopedia focuses on Indiana state law. A number of other states also have their own state-specific encyclopedias.

American Law Reports ( ALR ) are annotations that synopsize various cases on narrow legal topics. Each annotation covers a different topic, and provides a leading or typical case on the topic, plus cases from different jurisdictions that follow different rules, or cases where different facts applying the same rule led to different outcomes. The annotations also refer to other secondary sources.  

Legal periodicals include several different types of publications such as law reviews from academic institutions or organizations, bar journals, and commercial journals/newspapers/newsletters. Legal periodicals feature articles that describe the current state of the law and often explore underlying policies. They also critique laws, court decisions, and policies, and often advocate for changes. Articles also discuss emerging issues and notify the profession of new developments. Law reviews can be useful for in-depth coverage on narrow topics, and references to primary and other secondary sources. However, content can become outdated and researchers must be mindful of biases in articles. 

Treatises/Hornbooks/Practice Guides are a type of secondary source that provides comprehensive coverage of a legal subject. It could be broad, such as a treatise covering all of contract law, or very narrow such as a treatise focused only on search and seizure cases. These sources are good when you have some general background on the topic, but you need more in-depth coverage of the legal rules and policies. Treatises are generally well organized, and provide you with finding aids (index, table of contents, etc.) and extensive footnotes or endnotes that will lead you to primary sources like cases, statutes, and regulations. They may also include appendices with supporting material like forms. However, treatises may not be updated as frequently as other sources and may not cover your specific issue or jurisdiction.

Citation and Writing Style

• Legal Writing in Plain English Bryan A. Garner University of Chicago Press, 2001. Call # KF 250 .G373 2001 Location: Law Library, 3rd Floor Provides lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this book offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. This guide uses real-life writing samples that Garner has gathered through decades of teaching experience. Includes sets of basic, intermediate, and advanced exercises in each section.
• The Elements of Legal Style Bryan A. Garner Oxford University Press, 2002. Call # KF 250 .G37 2002 Location: Law Library, 1st Floor, Reference This book explains the full range of what legal writers need to know: mechanics, word choice, structure, and rhetoric, as well as all the special conventions that legal writers should follow in using headings, defined terms, quotations, and many other devices. Garner also provides examples from highly regarded legal writers, including Oliver Wendell Holmes, Clarence Darrow, Frank Easterbrook, and Antonin Scalia.
• Grammarly Blog Blog featuring helpful information about quirks of the English language, for example when to use "affect" or "effect" and other tips. Use the search feature to locate an article relevant to your grammar query.
• Plain English for Lawyers Richard C. Wydick Carolina Academic Press, 2005. Call # KF 250 .W9 2005 Location: Law Library, 3rd Floor Award-winning book that contains guidance to improve the writing of lawyers and law students and to promote the modern trend toward a clear, plain style of legal writing. Includes exercises at the end of each chapter.
• The Chicago Manual of Style University of Chicago Press, 2010. Call # Z 253 .U69 2010 Location: Law Library, 2nd Floor While not addressing legal writing specifically, The Chicago Manual of Style is one of the most widely used and respected style guides in the United States. It focuses on American English and deals with aspects of editorial practice, including grammar and usage, as well as document preparation and formatting.
• The Chicago Manual of Style (Online) Bryan A. Garner and William S. Strong The University of Chicago Press, 2017. Online edition: use the link above to view record in IUCAT, then click the Access link (for IU students only).
• The Bluebook Compiled by the editors of the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal. Harvard Law Review Association, 2015. Call # KF245 .B58 2015 Location: Law Library, 1st Floor, Circulation Desk The Bluebook: A Uniform System of Citation is a style guide that prescribes the most widely used legal citation system in the United States. The Bluebook is taught and used at a majority of U.S. law schools, law reviews and journals, and used in a majority of U.S. federal courts.
• User's Guide to the Bluebook Alan L. Dworsky William S. Hein & Co., Inc., 2015. Call # KF 245 .D853 2015 Location: Law Library, Circulation Desk "This User's Guide is written for practitioners (law students, law clerks, lawyers, legal secretaries and paralegals), and is designed to make the task of mastering citation form as easy and painless as possible. To help alleviate the obstacles faced when using proper citation form, this text is set up as a how-to manual with a step-by-step approach to learning the basic skills of citation and includes the numbers of the relevant Bluebook rules under most chapter subheadings for easy reference when more information is needed"--Provided by the publisher.
• Legal Citation in a Nutshell Larry L. Teply West Academic Publishing, 2016. Call # KF 245 .T47 2016 Location: Law Library, 1st Floor, Circulation Desk This book is designed to ease the task of learning legal citation. It initially focuses on conventions that underlie all accepted forms and systems of legal citation. Building on that understanding and an explanation of the “process” of using citations in legal writing, the book then discusses and illustrates the basic rules.
• Introduction to Basic Legal Citation (Online) Peter W. Martin Cornell Legal Information Institute, 2017. Free online resource. Includes a thorough review of the relevant rules of appellate practice of federal and state courts. It takes account of the latest edition of The Bluebook, published in 2015, and provides a correlation table between this free online citation guide and the Bluebook.
• Last Updated: Oct 24, 2019 11:00 AM
• URL: https://law.indiana.libguides.com/dissertationguide

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12 Qualitative Legal Research: A Methodological Discourse

• Published: January 2020
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Qualitative legal research aims to study things in their natural settings, understand and interpret their social realities and provide inputs on various aspects of social life. It focuses on people’s feelings, perceptions, and experiences. It differs from quantitative research in matters of nature of data, theoretical basis, and kinds of tools employed for data collection. The combination of two methods brings synergy. Worthy features of qualitative legal research consist of description of social setting, interpretation of social data, verification of assumptions, and evaluation of policies. Its steps include framing of specific questions, choice of data collection tools, sampling, data collection, analysis, and interpretation. This method allows for a mature understanding of the problematic world.

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• Systematic analysis of approaches used in cardiac arrest trials to inform relatives about trial enrolment of non-surviving patients
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• http://orcid.org/0000-0001-7648-5313 Helen Pocock 1 , 2 ,
• Abigail Dove 1 ,
• Laura Pointeer 1 ,
• http://orcid.org/0000-0003-2123-2022 Keith Couper 1 , 3 ,
• Gavin D Perkins 1 , 3
• 1 University of Warwick Medical School , Coventry , UK
• 2 South Central Ambulance Service NHS Foundation Trust , Bicester , Oxfordshire , UK
• 3 Critical Care Unit , University Hospitals Birmingham NHS Foundation Trust , Birmingham , UK
• Correspondence to Helen Pocock, University of Warwick Medical School, Coventry, UK; helen.pocock{at}scas.nhs.uk

Background The recruitment of patients to emergency research studies without the requirement for prior informed consent has furthered the conduct of randomised studies in cardiac arrest. Frameworks enabling this vary around the world depending on local legal or ethical requirements. When an enrolled patient does not survive, researchers may take one of three approaches to inform relatives of their enrolment: a direct (active) approach, providing information indirectly (passively) and inviting relatives to seek further information if they choose, or providing no information about the trial (no attempt). Previous studies have described experiences of US researchers’ active approach but there is little known about approaches elsewhere.

We aimed to conduct a structured investigation of methods used in cardiac arrest trials to provide information about trial enrolment to relatives of non-surviving patients.

Methods We systematically searched trial registries to identify randomised clinical trials that recruited cardiac arrest patients. Trials were eligible for inclusion if they recruited adults during cardiac arrest (or within 1 hour of return of spontaneous circulation) between 2010 and 2022 (in the decade prior to study conception). We extracted data from trial registries and, where relevant, published papers and protocols. Investigators were contacted and asked to describe the style, rationale and timing of approach to relatives of non-surviving patients. We present descriptive statistics.

Results Our trial registry search identified 710 unique trials, of which 108 were eligible for inclusion. We obtained information from investigators for 64 (62%) trials. Approximately equal numbers of trials attempted to actively inform relatives of non-survivors (n=28 (44% (95% CI; 31% to 57%))), or made no attempt (n=25 (39% (95% CI; 27% to 52%))). The remaining studies provided general information about the trial to relatives but did not actively inform them (n=11 (17% (95% CI; 8% to 29%))).

Conclusions There is wide variability in the approach taken to informing relatives of non-surviving patients enrolled in cardiac arrest randomised clinical trials.

• Out-of-Hospital Cardiac Arrest
• heart arrest
• Randomized Controlled Trial
• research design

Data availability statement

Data sharing not applicable as no data sets generated and/or analysed for this study.

This is an open access article distributed in accordance with the Creative Commons Attribution 4.0 Unported (CC BY 4.0) license, which permits others to copy, redistribute, remix, transform and build upon this work for any purpose, provided the original work is properly cited, a link to the licence is given, and indication of whether changes were made. See:  https://creativecommons.org/licenses/by/4.0/ .

https://doi.org/10.1136/emermed-2023-213648

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WHAT IS ALREADY KNOWN ON THIS TOPIC

In the UK cardiac arrest researchers do not routinely attempt to actively inform relatives of non-surviving patients of their enrolment in a trial. This contrasts with the US approach, which is mandated in law, but elsewhere other factors may determine the approach taken.

WHAT THIS STUDY ADD

This study systematically investigates the methods by which information is provided to relatives by researchers. We report the various approaches, influences and issues in 62% of the cardiac arrest trials registered around the world in the period 2010–2022. We found wide variability in practice.

HOW THIS STUDY MIGHT AFFECT RESEARCH PRACTICE OR POLICY

We suggest further research is needed into the relatives’ perspective to inform a best practice recommendation.

Introduction

The recruitment of patients to emergency research studies without the requirement for prior informed consent has extended the possibility of improving care through research to this previously neglected patient group. The legal and ethical frameworks governing this, and associated practices vary around the world.

Similarly, the approach to notification of relatives when a participant in the trial does not survive also varies. We are aware for instance, of major differences in approach between UK and US settings. To date, it has not been common practice in UK cardiac arrest trials to actively inform the relatives of non-surviving patients of their inclusion in research. This has been based on concerns surrounding the potential burdens to the recipients of this information and the practicalities of delivering such communications. Such an approach has been supported by patient and public advisors. 1–3 Previously, either no approach or a ‘passive’ approach has been made to relatives to avoid or minimise the introduction of additional emotional burden at a time of great distress. 1 2 4 A passive approach is one where general trial information is targeted to locations where relatives are likely to come across it. This information includes an invitation to seek further information should they wish. It places the choice of whether or not to find out more with the relatives. But this is in direct contrast to practice elsewhere.

In the USA the approach is mandated in law. Patients without capacity may be enrolled in drug and device research under the exception from informed consent regulations or the waiver of informed consent regulations for other types of study. 5 6 The former requires prior community consultation, whereby information is provided and opinions sought in advance of the research to inform the ethics board and to demonstrate the requisite respect for community members. In both types of study, if the patient dies before a legally authorised person can be contacted, the enrolment must be disclosed to them if possible. 7 Researchers are required to attempt to notify relatives and this is usually communicated via letter. 8 9 Difficulties with reliably obtaining valid contact information have been identified but studies report between 83% and 91% success in acquiring correct details and sending such letters. 8–10 Despite some difficulties, the information contained in the letters appears to have been acceptable to recipients since consent for data use was refused in fewer than 1% of cases. 9 10

During our recent cardiac arrest trial our patient and public partners cautiously stated their preference for actively informing the relatives of non-surviving patients. 11 With no UK precedent we sought the experience of researchers elsewhere. There is a need for a structured investigation to describe the different approaches taken by researchers across the world to inform the relatives of non-survivors which may guide others and inform practice. The primary objective was to determine the approach taken to informing the relatives of non-survivors enrolled in cardiac arrest trials recently published, registered or currently being conducted. The secondary objectives were to describe the methods used, to establish what influenced the selection of the approach and whether researchers experienced any specific issues.

Study design and setting

We conducted a systematic analysis of the practices of researchers in cardiac arrest trials using an online data collection tool (see online supplemental materials ).

Supplemental material

The project was carried out according to the Helsinki declaration and principles of Good Clinical Practice. We report our study in accordance with the Strengthening the Reporting of Observational Studies in Epidemiology checklist for observational studies. 12

Selection of participants

To identify researchers, we searched international trial databases containing details of trials meeting WHO and International Committee of Medical Journal Editors registration criteria and issued with a registration number whether planned, underway or completed. 13 14 Specifically, in line with current best-practice guidance, we searched ClinicalTrials.gov, a US-hosted resource including studies from 221 countries, and the WHO International Clinical Trials Registry Platform meta-register, which contains trial records from 18 registries from across the world. 15

We contacted the lead investigators of studies fulfilling the following eligibility criteria:

Inclusion criteria

Randomised or quasi-randomised clinical trials registered, currently being undertaken, or published since 1 January 2010.

Effectiveness or efficacy trial of an intervention delivered intra-arrest or within 1 hour of return of spontaneous circulation.

Trial includes adult patients only (as defined by local legal or clinical definition).

Patients enrolled without prior informed consent.

Exclusion criteria

Unable to determine eligibility status from registry record and trial publication/protocol not available in English.

We searched trial registries on 05 October 2022 for interventional studies using the term ‘cardiac arrest’. To capture studies reporting from 2010, the search included studies first posted from 01 January 2007. Three years of balanced sensitivity and specificity for identification of studies within resource limitations. Screening for relevance was conducted by title by a single author (HP). Eligibility was determined by a full registry entry review and 10% was checked by a second author (KC). Discrepancies were resolved by a third author (GDP).

Data collection

We sought information regarding approaching the relatives of non-surviving patients from the registry record or from published papers and protocols. By searching using the study title or acronym from the registry, or keywords from that title, we identified publications and protocols. If required, publications were searched on ResearchGate. 16 If this information was not identified in these sources, we contacted researchers directly. Researchers’ contact information was obtained either from the registry record or from any other publications they had coauthored. We sent emails to individual recipients to minimise the chance of them being perceived as spam, and customised with their names and titles to make the invitation more personal. 17 Separate emails were sent for each trial and researchers were invited to respond separately to each of these. If we received no response after 7 days, the invitation email was sent again.

We constructed the data collection tool using Qualtrics XM (2005–2022, Provo, Utah, USA). 18 The content of the tool was informed by experienced critical care researchers and items were carefully worded for ease of interpretation and international applicability. To maximise online readability and ease of response each item was presented on a new page with a consistent spatial arrangement, colour and font. 19 20 We applied skip logic so that respondents viewed only relevant questions depending on their previous responses. 18 To minimise the cognitive load on respondents, the number of items was reduced to a minimum and no responses were forced. 17 21 Clinical sensibility testing of questions was conducted among experienced cardiac arrest researchers to establish face validity. 19 The tool was piloted for comprehension and performance, such as ensuring that skip logic and multiple response options were functional. A participant information sheet was embedded, and consent was sought prior to accessing the tool. We conducted data collection from December 2022 to January 2023 and de-identified all responses (by respondent) prior to analysis.

Data analysis

We summarised and presented quantitative survey responses using descriptive statistics. Qualitative data responses were subject to summative content analysis whereby keywords were identified to interpret the contextual meaning of the content. 22 We compared characteristics of responder trials and non-responder trials using a χ 2 test. Data analysis was performed by a single researcher (HP) and checked by a second (KC).

Patient and public involvement

Discussion with patient and public partners inspired this study, but as this was an investigation of researcher practice, they were not involved in the study design.

Characteristics of study participants

We identified 710 unique records through registry searches ( figure 1 ). After a review of trial records, we retained 108 for analysis. A summary of the study characteristics (population, intervention, comparator, primary outcome) is provided in the online supplemental material .

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Study flow diagram. ICTRP, International Clinical Trials Registry Platform.

Since it was not possible to obtain the required information from the registries, publications or protocols, invitations to participate in the study were sent out for all studies (n=108). Five email addresses were returned as unknown and alternative addresses could not be identified. Information relating to 64 studies was provided by researchers (62% response rate). There was one ‘duplicate’ study (entered with a different title in different registries) but responses were not conflicting so the second response was removed from the data set.

Most trials that responded were set in the out-of-hospital setting (n=48, 75%), in Europe (n=40, 63%) and were not drug trials (n=46, 72%) ( table 1 ). We observed some differences in trial characteristics between responding trials and non-responding in relation to cardiac arrest setting and location of recruitment.

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Characteristics of responding and non-responding studies

Main results

In 28 studies (44% (95% CI; 31% to 57%)), researchers took an active approach to informing relatives of non-surviving patients about study enrolment ( figure 2 ). In an approximately equal number of studies (n=25 (39% (95% CI; 27% to 52%))) no information was provided to relatives. A passive approach to information provision was taken in 11 studies (17% (95% CI; 8% to 29%)).

Type, method and rationale of approach taken with associated resulting issues.

The relative proportions of each approach and the global variation of the approach taken are shown in figure 3 . None of the Asian studies provided information to relatives. No information provision is the predominant approach in Australasian studies whereas an active approach is favoured in North America.

Approach taken to information relatives by continent.

Figure 4 shows how the approach has varied according to the date that trials opened for recruitment. No particular approach has consistently predominated. The reduction in the active approach seen post-pandemic is not related to the continent of origin of the studies.

Approach taken to informing relatives in studies opened between 2008 and 2023.

Of the 64 studies, 23% (n=15) used a model of a community consent whereby researchers engaged with the local community prior to data collection and the community supported the trial. This activity appeared to be independent of the method of informing relatives.

Method of active approach to informing relatives

Of the 28 studies where relatives were actively informed of the patients’ inclusion, 27 respondents indicated how first contact was made with relatives ( figure 2 ). Of those who responded, this was most frequently by letter or email after the event (n=11). The least frequently used contact strategy was a personal visit by a researcher after the event (n=2). 26 researchers submitted responses regarding the timing of information provision. This ranged from immediately following the resuscitation attempt to 90 days post event. The most frequent timing was within 24 hours; 15 studies delivered information during this time. These studies were mostly European (n=13) but none were recruited in the UK. In four studies at least a month elapsed before relatives were informed. The timing was protocolised in three studies (4–6 weeks in one study, 2 months in two others) to give relatives sufficient time to recover from the immediate grieving period. 11 23 24 The majority of studies (n=8) opting to delay informing relatives beyond 24 hours recruited patients from North America or Australia.

Method of passive approach to informing relatives

In 11 studies researchers took a passive approach to informing relatives. In these cases, general information about the study and contact details for the research team were shared via public channels. This was designed to enable relatives to decide whether to seek further information about the study such as whether their relative was enrolled. Most studies shared information via more than one medium. The most popular means of sharing information was via posters placed in community locations likely to be frequented by the relatives of non-surviving patients, such as emergency department waiting rooms and register offices. This method was cited in 10 studies. Except for one study opening in 2011, most of the studies using electronic media opened more recently (2018–2023).

What influenced choice of approach

Researchers revealed that there were many different influences on their choice of approach to informing relatives ( table 2 ). Of the 62 studies where an influence was reported, 45 indicated it was a requirement of the Research Ethics Committee (REC). However, this was not the dominant influence across all studies. Previous research experience (n=8) and advice from public groups (n=7) were more frequently indicated as determinants of the adoption of a passive approach. Those studies using a ‘no information’ approach were most strongly influenced by the REC.

Influences on approach to informing relatives of non-survivors

When asked for their rationale for opting to provide no information to relatives, researchers often cited more than one reason ( figure 2 ). Most often it was simply that there was no requirement to inform relatives (n=16). Researchers commonly indicated that they felt it would be inappropriate to inform relatives that their loved one had been enrolled in a research study (n=12).

Concerns/issues resulting from chosen approach

The investigators who used an active approach to informing relatives did not report any issues/concerns from relatives ( figure 2 ). In one study, relatives contacted researchers to say that they viewed the study enrolment positively and, in another, relatives had got in touch to find out whether any action was required on their part. In the 10 studies that had recruited participants, no issues were encountered with a passive approach. In the majority (n=20) of studies where no information was provided, investigators reported no concerns. In four studies, researchers reported concerns/issues arising from the approach taken. These included two studies where issues were received from relatives and a further two studies where relatives had misunderstandings about death. This question was not answered in one study.

In this systematic analysis of the approach taken to informing the relatives of non-surviving patients enrolled in cardiac arrest studies we found substantial variability in practice. In the last 15 years, of the studies where there was a response, 28 studies actively informed relatives, 25 provided no information and in 11 studies information was provided passively. The most common means of active contact was via letter or email. The most frequent timing for notification was within the first 24 hours post-mortem, although the maximum delay was 90 days before delivering this news. We are moderately confident that our findings are generalisable as we obtained information on 62% of the target population and the sample was diverse.

RECs commonly influenced the approach taken. However, it is not clear whether it was the REC or the local legal/regulatory requirements that were the key determinants. In Australia, legal requirements vary by jurisdiction. In some states there is no legal precedent for enrolling patients with impaired consent in research, though it is recognised that such enrolments do occur. 25 Even where legal processes do exist, there is no specific requirement of informing relatives of non-survivors. 25

In the UK patients may be enrolled in emergency medicines trials without prior informed consent under the provisions of the Medicines for Human Use (Clinical Trials) (Amendment) Regulations (2019) or other research in England and Wales under the Mental Capacity Act (2005). 26 27 Neither of these give explicit guidance on whether to advise the bereaved family of their relative’s enrolment. 28 In the absence of legal guidance, practice has been found to vary. Some researchers reported routinely seeking permission for the use of data from family members; others did not since a valid professional legal consultee declaration negated the need to put relatives through additional distress. 28 In Scotland, patients may be enrolled in medicines trials, but the Adults With Incapacity (Scotland) Act 2000 does not make provision for patients to be enrolled in other types of research. 29 Although a Scottish REC may consider such research, there would likely be subtle differences in practice within a UK-wide study.

The variability in approach reflects the fact that only 36% of studies’ approaches were mandated in law. It is also likely to be influenced by the prevailing culture. For example, talking about death is considered disrespectful or blasphemous in Chinese culture. 30 In this context, actively informing relatives about research participation would likely be extremely uncomfortable for both researchers and relatives. This may help to explain the consistent ‘no information’ approach we found in the Asian studies. Where researchers do not actively inform relatives, there is a risk that they may find out through ‘uncontrolled’ channels such as the media. Disclosure through such channels may lead to inaccuracies. 31 Where researchers used a passive strategy, this was most frequently via posters in targeted locations such as the waiting rooms of primary care physicians. However, variable effectiveness of this strategy has been reported, with between 5% and 78% of patients noticing posters in the waiting rooms of General Practitioner (GP) practices or hospital emergency departments. 32 33

A widespread passive provision of trial information may require significant research funding, with no guarantee that the information has reached the relevant target audience. 32 Active direct notification by writing to family members may be more specific but researchers have warned that the process is cumbersome, costly and resource-intensive. 8 Additionally, this precise targeting is limited by the ability of researchers to reliably obtain contact information for relatives. Researchers using postal notification have previously reported finding either incorrect or no contact details for relatives in 9–18% of cases. 8 9 Timing of the notification also needs careful consideration. We found that most studies contacted relatives within 24 hours of death. This contrasts with previous studies which report median notification delivery times of 6–8 days. 9 10 There is a risk that high withdrawal rates following notification of research participation may bias the research findings. In practice, this rarely occurs; between 0% and 0.91% of withdrawals have followed active notifications. 8–10

Our study has several important limitations. First, we may have increased our response rate had we followed-up by phone as well as email, although this was precluded by resource constraints. Second, we observed some differences between trials that responded and trials that did not respond, which may reflect some selection bias. For example, most of our responses were from Europe which may lead to a cultural bias in the findings. Third, some researchers represented multiple studies (a cluster) and the approach in these studies was usually homogeneous. This clustering effect may have introduced bias, as if you respond for one study you are more likely to respond for another. Finally, we did not ask whether regulations regarding emergency research had changed during the period of interest.

The most important perspective missing from the literature at this time is the perspective of the recipient of the notifications in whichever form. Qualitative research exploring their experiences would be an important contribution to the literature. This may also form a precursor to subsequent work looking to standardise the approach.

In summary, we found wide variability in the approach taken to informing relatives of non-surviving patients enrolled in cardiac arrest studies and researchers cited a variety of influences on their selection of approach.

Ethics statements

Patient consent for publication.

Not applicable.

Ethics approval

This study involves human participants and was approved by The University of Warwick Biomedical and Scientific Research Ethics Committee (BSREC 133/20-21). Participants gave informed consent to participate in the study before taking part.

Acknowledgments

For the purpose of open access, the author has applied a Creative Commons Attribution (CC-BY) licence to any Author Accepted Manuscript version arising from this submission. Pilot work for this project was presented via poster at the European Resuscitation Council conference in Antwerp in June 2022. The abstract was subsequently published: Dove A, Pointeer L, Couper K, Perkins GD, Pocock H Variability in approach to informing the relatives of non-surviving participants in cardiac arrest research: a questionnaire study. Resuscitation, 2022; 175 (S1): S73.

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Supplementary materials

Supplementary data.

This web only file has been produced by the BMJ Publishing Group from an electronic file supplied by the author(s) and has not been edited for content.

• Data supplement 1

Handling editor Edward Carlton

X @HelenPocock3

Contributors HP and GDP conceived the study. HP, KC and GDP designed the study. AD and LP designed and piloted the data collection tool with the advice and supervision of HP and KC. HP revised the data collection tool for the main study. HP conducted registry searches. HP, KC and GDP determined study eligibility. HP sought information from study publications. HP contacted researchers for further information, supported by KC and GDP. HP collated the data and analysed the data supported by KC and GDP. HP drafted the manuscript and all authors contributed substantively to its revision. GDP takes responsibility for the paper as a whole (guarantor).

Funding HP, Clinical Doctoral Research Fellow (ICA-CDRF-2018-04-ST2-005) is funded by National Health Service (NHS) England (NHSE)/National Institute for Health and Care Research (NIHR) for this research project. The views expressed in this publication are those of the author(s) and not necessarily those of the NIHR, University of Warwick, NHS or the UK Department of Health and Social Care. The funder had no input into study design, collection, analysis or interpretation of data, writing of the report or the decision to submit the article for publication. GDP is supported by the National Institute for Health and Care Research (NIHR) Applied Research Collaboration (ARC) West Midlands. The views expressed are those of the author(s) and not necessarily those of the NIHR or the Department of Health and Social Care.

Competing interests None declared.

Patient and public involvement Patients and/or the public were not involved in the design, or conduct, or reporting, or dissemination plans of this research.

Provenance and peer review Not commissioned; externally peer reviewed.

Supplemental material This content has been supplied by the author(s). It has not been vetted by BMJ Publishing Group Limited (BMJ) and may not have been peer-reviewed. Any opinions or recommendations discussed are solely those of the author(s) and are not endorsed by BMJ. BMJ disclaims all liability and responsibility arising from any reliance placed on the content. Where the content includes any translated material, BMJ does not warrant the accuracy and reliability of the translations (including but not limited to local regulations, clinical guidelines, terminology, drug names and drug dosages), and is not responsible for any error and/or omissions arising from translation and adaptation or otherwise.

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