Thursday, 4:00 p.m. Professor Ragus

Room 305

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

(1) to refine your skills in researching securities law and other areas subject to a complex regulatory structure;

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

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

(4) to provide training in specialized securities 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. Some will be from the Kunz text and some will be developed for use in conjunction with your assignments. 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 is limited to 12 pages and will count as 50% of your grade. 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 happy 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 20                        Ragus

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

For the next class, please read Kunz, Chapter 7, pp. 175-217. Do Kunz, Chapter 7, Problem Set 3 (p. 473), using Research Situation D (p. 470).

[Note to Lori: If you have time, it might be preferable to create a research exercise that would involve some of the same sources as the first assignment.]

CLASS 2

January 27                        Ragus

Discussion of the Chapter 7 research exercise.

Introduction to the specialized tools of research in securities law and how to use them. Loose leaf services, specialized Shepard's, specialized treatises, etc. The role of the SEC.

First memorandum assignment DISTRIBUTED. Explanation of required format, page limitations, style considerations, percentage of class grade. DUE MARCH 2nd at the beginning of class.

For the next class, please begin researching and analyzing the first memorandum assignment, so that we can discuss your questions. Also for the next class, please read Kunz, Chapter 9, pp. 273-325, pp. 37 and 38, and pp. 321-25.

CLASS 3

February 3                        Library Staff

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

 

CLASS 4

February 10                      Westlaw Representative

Westlaw training in Computer Lab 760 for the first hour. Review of the fundamentals of Westlaw research. Introduction to Key Cite. Using securities law databases.

Ragus

Further discussion of the tools and methods of research in securities law. 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 17                     LEXIS Representative

Advanced LEXIS training in Computer Lab 760 for the first hour. Review the fundamentals of computerized legal research in conjunction with statutory and administrative materials. Using the securities law libraries in LEXIS.

CLASS 6

February 24                    Ragus

Answer questions on the first assignment. Discussion of research exercises.

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

 

CLASS 7

March 2                               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 do Kunz, Chapter 8, Problem Set (pp. 481), using Research Situation D (p. 470). Also, please read Kunz, Chapter 11, pp. 377-385.

 

March 6^th - 10^th Spring Break - No Classes

CLASS 8

March 16                         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 using NEXIS. Tips for efficient and quick searches.

Ragus

Second Memorandum assignment DISTRIBUTED.

Discuss issues, format, style, page limits, percentage of course grade, and possible research strategies. Importance of factual research in securities law. Due April 27th at the beginning of class.

CLASS 9

March 23                        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.

Ragus

Discussion of issues on second assignment.

CLASS 10

March 30                        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. The Internet as a source for factual information.

For the next class, please do the exercise on factual and empirical research assigned by your professor. [Note to Lori: Try to create an exercise that will require the students to do factual or empirical research in some of the same sources they will be using for the second assignment.]

 

CLASS 11

April 6                             Ragus

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

Discuss research exercise.

CLASS 12

April 13                           Library Staff

International Legal Materials: Treaties: Executive Agreements; IGO and NGO materials; the impact of international norms on today’s corporate practice.

Ragus

Conferences on the second assignment throughout the week.

 

CLASS 13

April 20                            Ragus

Monitoring corporate activities: the regulator's perspective; the Foreign Corrupt Practices Act.

CLASS 14

April 27                           Ragus

SECOND MEMORANDUM ASSIGNMENT DUE AT THE BEGINNING OF CLASS.

 

HAVE A WONDERFUL SUMMER!!