Legal research is an art that typically takes considerable practice and effort to become proficient. Don't let that put you off! You will learn as you go.
While legal research often revolves around "finding the law" which means identifying the legislation, regulations, administrative rulings, judicial decisions and other sources of legal authority (taken together called primary sources), you will find that using law books (called treatises), scholarly articles (called law reviews), and news are a good way to begin your legal research. Books & articles about legal topics are considered secondary sources, but that doesn't make them second rate, because they provide analysis and explanations of what the law is or ought to be and they point to primary sources. Not least, you are familiar with books and articles and already know how to use them!
This guide lists some tips for finding both primary and secondary sources about IP topics.
Videos on how to search Nexis Uni and Hein Online are included.
You can make an research consultation appointment with me using the Book Now link.
Books on Doing Legal Research
Legal Research Databases
There are a number of legal research databases that are used by practicing attorneys and law students. We have access to Nexis Uni (formerly called Lexis/Nexis) and HeinOnline.
We don't have access to the other top legal research services such as Westlaw or Bloomberg Law (note legal sources are not included with the Bloomberg terminals in Bartley or the Library).
Nexis Uni has state law, federal law, law reviews, legal news, a legal encyclopedia and a few books.
HeinOnline has federal law, law reviews, legislative histories, and international treaties.
Nexis Uni Limitations on Use
Formerly known as LexisNexis Academic. Provides full text access to national and international newspaper and magazine articles and news transcripts, business, company, and industry information in the U.S. and abroad, and legal documents, including U.S. Federal and State court cases, and law reviews. Coverage varies.
Limitations on Use:
LexisNexis online services and the materials contained therein are under copyright by LexisNexis. All rights reserved. No part of these Services may be used except for research purposes, and the Services may not be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the LexisNexis Academic Library Solutions. Materials retrieved from the Services may not be duplicated in hard copy or machine-readable form without the prior written authorization of LexisNexis Academic & Library Solutions, except that limited reproduction of output is permitted solely for individual use by the Authorized User or internal distribution within the Subscribing Institution in accordance with the terms of this Agreement unless further limited or prohibited by the Copyright Act of 1976. Under no circumstances may the Materials or any portion thereof be used to create derivative products or services.
Provides full text access to legal periodicals, books, government documents, legal texts, and other primary source collections in the legal field.
Subscription courtesy of the Charles Widger School of Law Library.
Governmental IP Sites
U.S. Copyright OfficeProvides access to laws, regulations, policies, rulemakings, judicial opinions (cases) and briefs related to copyright. Also offers database of registered copyrights and historical background on copyright.
United States Patent & Trademark OfficeProvides background and links to laws, regulations, policies and procedures related to patents and trademarks. Also maintains databases of registered patents and trademarks.
World Intellectual Property Organization (WIPO)Provides access to IP laws and regulations of member states & IP treaties. Hosts patent and trademark (brand) databases. Includes decision making and policy papers.
Books & EncyClopedias
Legal encyclopedias are a good way to get oriented to legal topics. They describe the seminal or foundational sources of law and cite them, enabling you to retrieve the primary sources. American Jurisprudence is a legal encyclopedia written for lawyers available on Nexis Uni. WEX is a free authoritative legal encyclopedia.
Legal books (often called treatises) may do the same, but also explore particular facets of the law, conflicts between laws or present theories about how the law ought to develop or change. Nimmer on Copyright is a multi volume work available on Nexis Uni. Some other relevant ebooks on IP are listed here and you can find more by searching "books and media".
The video shows how to find books on Nexis Uni.
You may use books in the Villanova Law Library onsite, but may not check them out.
WEX
"Wex is an ambitious effort to construct a collaboratively-created, public-access law dictionary and encyclopedia. It is sponsored and hosted by the Legal Information Institute at the Cornell Law School (http://www.lawschool.cornell.edu/). Much of the material that appears in Wex was originally developed for the LII's "Law about..." pages, to which Wex is the successor."
Copyright Law ebooks
Select ebooks in our collection on Copyright law. Find others by searching "books and media".
Patent Law ebooks
Select ebooks in our collection on Patent law. Find others by searching "books and media".
Trademark Law ebooks
Select ebooks in our collection on Trademark law. Find others by searching "books and media".
Restatement of the Law, Copyright Tentative Draft 2
Summarizes copyright law.
Manual of Patent Examining Procedure
Provides guidance for attorneys and examiners on the patent application process.
Trademark Manual of Examining Procedure
Provides guidance of trademark applications and examinations.
Books & Media
Search books in our collection.
Blogs & Podcasts
Blogs written by lawyers in private practice, university professors, or legal journalists are good sources for learning about new developments and cutting edge issues. Luckily the ABA Journal maintains a list of quality legal blogs, called BLAWGS. Listen Notes allows you to search Podcasts episodes.
Law Reviews (Scholarly Articles)
Academic journals that cover legal topics are called law reviews. Some law reviews are general in scope (publishing on all subjects) and some are devoted to specific practice areas. Browsing subject specific law reviews may be a good way to find out about emerging & thorny legal issues. Search across all types of law reviews once you've identified a topic of interest to get a more thorough picture of what has been written about your topic.
The videos demonstrate searching on HeinOnline and Nexis Uni.
Google Scholar
Many law reviews are included in Google Scholar. If you hit a paywall, search for the title on the library home page. The great benefit of Google Scholar is that it is easy to search.
HeinOnline
Provides full text access to legal periodicals, books, government documents, legal texts, and other primary source collections in the legal field.
Subscription courtesy of the Charles Widger School of Law Library.
Nexis Uni Limitations on Use
Formerly known as LexisNexis Academic. Provides full text access to national and international newspaper and magazine articles and news transcripts, business, company, and industry information in the U.S. and abroad, and legal documents, including U.S. Federal and State court cases, and law reviews. Coverage varies.
Limitations on Use:
LexisNexis online services and the materials contained therein are under copyright by LexisNexis. All rights reserved. No part of these Services may be used except for research purposes, and the Services may not be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the LexisNexis Academic Library Solutions. Materials retrieved from the Services may not be duplicated in hard copy or machine-readable form without the prior written authorization of LexisNexis Academic & Library Solutions, except that limited reproduction of output is permitted solely for individual use by the Authorized User or internal distribution within the Subscribing Institution in accordance with the terms of this Agreement unless further limited or prohibited by the Copyright Act of 1976. Under no circumstances may the Materials or any portion thereof be used to create derivative products or services.
Case Law
Case law or judicial opinions are the means for interpreting and determining precedent for "what the law" is by jurisdiction (geo-political areas such as states or federal "circuits"). Most, but not all, intellectual property law is federal. The law may differ by jurisdiction, hence legal databases are designed to prompt the researcher to select a court of jurisdiction.
Nexis offers editorial enhancements such as headnotes and Shepards a service for finding case history and citing cases.
In addiiton to judicial decision there are adminstrative decisions for patents and trademarks. Navigate to these files on Nexis Unit-->Menu-->All Sources-->Practice Area-->Patents or Trademarks.
Remember most legal disputes heard by courts simply result in decisions that are never reported. Only cases of precedential value are published. The Court Listener Recap website provides access to filings for many federal cases not otherwise discoverable in collections of published judicial opinions. It is a very useful tool for learning about ongoing litigation reported in the news.
Nexis Uni Limitations on Use
Formerly known as LexisNexis Academic. Provides full text access to national and international newspaper and magazine articles and news transcripts, business, company, and industry information in the U.S. and abroad, and legal documents, including U.S. Federal and State court cases, and law reviews. Coverage varies.
Limitations on Use:
LexisNexis online services and the materials contained therein are under copyright by LexisNexis. All rights reserved. No part of these Services may be used except for research purposes, and the Services may not be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the LexisNexis Academic Library Solutions. Materials retrieved from the Services may not be duplicated in hard copy or machine-readable form without the prior written authorization of LexisNexis Academic & Library Solutions, except that limited reproduction of output is permitted solely for individual use by the Authorized User or internal distribution within the Subscribing Institution in accordance with the terms of this Agreement unless further limited or prohibited by the Copyright Act of 1976. Under no circumstances may the Materials or any portion thereof be used to create derivative products or services.
Google Scholar
Use the radio button to choose cases and if desired select the jurisdiction.
Statutes & Regulations
Because statutory language is very precise and specialized, without a strong legal vocabulary it is very difficult to search by keywords. Following citations to statutes (legislation) and regulations (administrative rules) or browsing the table of contents of compilations is recommended. Once you have found relevant statutes the annotated compilations available in Nexis Uni point to judicial opinions interpreting statutory language.
The video demonstrates finding statues in Nexis Uni.
FindLaw
Links to state consolidated statutes without annotations.
Nexis Uni Limitations on Use
Formerly known as LexisNexis Academic. Provides full text access to national and international newspaper and magazine articles and news transcripts, business, company, and industry information in the U.S. and abroad, and legal documents, including U.S. Federal and State court cases, and law reviews. Coverage varies.
Limitations on Use:
LexisNexis online services and the materials contained therein are under copyright by LexisNexis. All rights reserved. No part of these Services may be used except for research purposes, and the Services may not be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the LexisNexis Academic Library Solutions. Materials retrieved from the Services may not be duplicated in hard copy or machine-readable form without the prior written authorization of LexisNexis Academic & Library Solutions, except that limited reproduction of output is permitted solely for individual use by the Authorized User or internal distribution within the Subscribing Institution in accordance with the terms of this Agreement unless further limited or prohibited by the Copyright Act of 1976. Under no circumstances may the Materials or any portion thereof be used to create derivative products or services.
Legal Citations
Introduction to Basic Legal Citation Gives examples of how to cite different types of legal materials.
The Indigo Book A citation guide in the public domain (The forward and introduction tell an interesting copyright story).
Cardiff Index to Legal Abbreviations Translates legal abbreviations to their full source. Helpful for "reading" legal citations.
