Friday, 11:45 a.m. Professor Morris

Marovitz Courtroom

Welcome to Advanced Research and Writing! The goals for our class will be:

(1) to refine your skills in researching class action and multi-party litigation and other areas subject to a complex regulatory structure;

(2) to give you a practitioner's perspective on the process of research;

(3) to develop your knowledge of the statutory and administrative processes;

(4) to provide training in specialized research sources, including specialty reporters, loose-leaf services, computer databases, and information available on the Internet and World Wide Web;

(5) to refine your understanding of research as a process that requires planning and strategy;

(6) to understand the economics of research, including how to make cost effective decisions about when to use print and on-line sources;

(7) to understand how to research non-legal sources, recalling that in the end most cases will turn on your command of the facts as well as the law; and,

(8) to continue the work on the process of writing. Lawyers are wordsmiths, and a high quality work product of necessity depends on the ability to present the results of research in a clear, well organized format.

Materials

The text for the course will be C. Kunz, D. Schmedemann, M. Downs, and A. Bateson, The Process of Legal Research (4th ed. 1996) (hereafter "Kunz"). Because excellence in research and writing has so many aspects, we will also have the benefit of instruction from a member of the library staff who is both a librarian and a lawyer. Further, representatives from LEXIS and Westlaw will help to familiarize us with the range of libraries dealing with securities law in their databases.

Attendance

Your success as lawyers will depend on knowing how and when to utilize every tool available to give your clients thorough and efficient answers to their legal problems. Accordingly, your attendance at all class sessions, including library and computer training sessions, is mandatory.

Assignments

During the course of the year, you will have several research exercises. These are generally designed to ensure that you are skilled at using particular sources. You will also have two memorandum assignments. The first assignment is limited to ten pages of discussion and will count as 35% of your grade. The second assignment is a brief limited to 12 pages of argument and will count as 50% of your grade. It will also include your score on an oral argument during the last week of classes. In order to duplicate the lawyering experience, please keep time sheets documenting the hours worked on the second assignment, and prepare a bill for the client. To the extent you do not believe the client should be billed for all the time expended, please prepare a short memo for the firm's management committee, explaining why you are writing off your time. The remainder of your grade will depend on satisfactory completion of the research exercises, and on class attendance and participation.

In doing the research exercises, you may work in groups. In practice, lawyers usually work together and the ability to collaborate effectively is a skill you will need. With respect to the written assignments, please adhere to the policies in the attached "Chicago-Kent Ethics Guidelines for Legal Writing Courses."

I will be glad to answer any questions you may have. I am available on E-Mail, or, alternatively, you may leave a message at my office and I will be happy to return your call.

The following are your class assignments:

CLASS 1

January 21                        Morris

Introduction to complex litigation. Explanation of the format of the course. General overview of procedural and litigation law and research of procedural issues. Sources of law, including statutes, the CFR and other regulations, administrative rulings, and no action letters.

For the next class, please read Kunz, Chapter 7, pp. 175-217.

CLASS 2

January 28                        Morris

Introduction to the specialized tools of research in litigation and how to use them. Loose leaf services, specialized Shepard's, specialized treatises, etc.

First memorandum assignment DISTRIBUTED. Explanation of required format, page limitations, style considerations, percentage of class grade. DUE MARCH 3rd at the beginning of class.

Please begin researching and analyzing the first memorandum assignment, so that we can discuss your questions for the next class. Also for the next class, please read Kunz, Chapter 9, pp. 273-325, pp. 37-38, and pp. 321-325.

CLASS 3

February 4                      Library Staff

Finding and using administrative materials: the Code of Federal Regulations, the Federal Register, and on-line sources for administrative materials.

Morris

The Manual for Complex Litigation; Local rules and the difficulties in litigating in multiple jurisdictions.

CLASS 4

February 11                      Westlaw Representative

Westlaw training in Computer Lab 700 for the first hour. Review the fundamentals of computerized legal research in conjunction with statutory and administrative materials. Using the litigation and securities law libraries in Westlaw. Using Keycite.

Morris

Further discussion of the tools and methods of research in litigation; pattern jury instructions. Discuss first memorandum assignment. Answer questions.

 

For the next class, please do Kunz, Chapter 9, Problem Set 1 (p. 491) on Westlaw, using Research Situation F (p. 489).

CLASS 5

February 18                    LEXIS Representative

LEXIS training in Computer Lab 760 for the first hour. Review of the fundamentals of LEXIS research. Using the litigation and securities libraries in LEXIS.

Morris

Answer questions on the first assignment. Discussion of research exercises

CLASS 6

February 25                      MORRIS

The particular problems of securities class action litigation. An overview of the strategies and difficulties in bring and defending securities actions.

For the next class, please read Kunz, Chapter 8, pp. 231-272.

 

CLASS 7

March 3                                         FIRST MEMORANDUM ASSIGNMENT DUE AT THE              BEGINNING OF CLASS.

On-Line Tutorial

Please do the on-line tutorial on legislative histories before class. It is at Simply click on the jumplink to "Legislative History." The tutorial covers: compiling a legislative history; the legislative process; committee hearings, reports, and other steps in the legislative process; significance of legislative histories in interpretation of statutes; how to find the relevant legislative materials; and state legislative histories.

For the next class, please read Kunz, chap. 11, pp. 377-385.

March 4^th - 10^th No Classes - Spring Break

CLASS 8

March 17                          LEXIS Representative

Advanced LEXIS training in Computer Lab 760 for the first hour. Honing research strategies. Using the special libraries effectively. Finding empirical and factual data. Tips for efficient and quick searches.

Morris

Second assignment - brief writing - DISTRIBUTED.

Discuss issues, format, style, page limits, percentage of course grade, and possible research strategies. Importance of factual research in securities litigation. Due Friday, April 28th at the beginning of class.

 

CLASS 9

March 24                         Westlaw Representative

Advanced Westlaw training in Computer Lab 760 for the first hour. Research strategies and using the securities law libraries effectively. Finding empirical and factual data.

 

 

CLASS 10

March 31                        Library Staff

The Economics of Legal Research: Coordinating conventional and on-line research strategies.

Empirical research. Other information sources for factual data, financial information, and statistics. Using Dow Jones.

For the next class, please do the factual research exercise assigned by your instructor. [Note to Hal: If you can, this would be a good place to give them an exercise involving factual research that would be helpful in their second assignment.]

CLASS 11

April 7                             Library Staff

International Legal Materials: Treaties; Executive Agreements; IGO and NGO materials; the impact of international law on corporate practice. International conventions relating to service of process, discovery, and the pending negotiations on the Hague Convention on Enforcement of Judgments.

Morris

First memorandum returned. Discussion of research, analysis, organization, and style. Common problems. Answer questions about the second memorandum assignment.

 

CLASS 12

April 14                           Morris

No class. Conferences on the second assignment.

 

CLASS 13

April 21                           Morris

Litigating complex cases; the practitioner's perspective.

 

CLASS 14

April 28                            Morris

SECOND MEMORANDUM ASSIGNMENT DUE. Oral Arguments in the Marovitz courtroom. Times to be announced.

 

HAVE A WONDERFUL SUMMER VACATION!