writing legal research paper

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 Aug 9, 2024 452 views this year
• Zotero by Daniel Becker Last Updated Sep 23, 2024 31444 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 7675 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) (Westlaw)
• American Jurisprudence (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 6803 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 5540 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 924 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:

Additional Shepard's Resources

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• Shepard's Signal Indicators & Analysis Phrases
• Shepard's Citation Services User Guide
• Lexis+ Support and Training Additional online videos and handouts for Lexis+.

Additional KeyCite Resources

• How to Ensure I'm Citing Good Law (Westlaw Video)
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary
• Understanding Next Generation KeyCite
• How to Check the Status of a Case with KeyCite
• Westlaw Precision Support Additional videos and handouts to support your Westlaw research.

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

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• Last Updated: Aug 27, 2024 5:19 PM
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Directed Research Projects

• Getting Started
• Preparing to Research
• The Research Process

Structuring Your Paper

Writing tips, writing resources.

• Checking your Sources
• Getting it Published

There is no strict structure to writing a legal research paper.  Unlike legal memos written for class or documents prepared for court proceedings that require formatted headings such as "Question Presented," "Statement of Facts," etc., legal research papers are not required to contain prescribed content or abide by a particular structure.

That said, below is a typical approach to organizing the content of your research project.

• Introduction (clear statement of your thesis)
• Background information (what is the existing law, if any)
• The problem (explain why the status quo does't work)
• Recommendation for change (what can be done to improve the field and how)
• Conclusion (tie back to your thesis)

If you have any questions about formatting your research project, you should seek advice from your faculty advisor.  Below are some basic guidelines, but keep in mind formatting requirements set forth by your faculty advisor will always supersede instructions provided here.

Generally, directed research papers are formatted as follows:

• 12-point font (Times New Roman or similar)
• Double-spaced lines
• One-inch margins on both sides, top, and bottom
• 10-point font for footnotes (same font as text)
• Bluebook style and rules for all footnotes citations
• Roman numerals and/or letter headings and subheadings (same font as text but bolded and/or underlined)
• Numbered pages in the footer (same font as text)

Table of Contents

Although not required (unless your faculty advisor states otherwise), a table of contents can be helpful to provide your reader with an overview of your research paper and direct them to certain sections.  Your table of contents should mirror your headings and subheadings.  Below is an example of a table of contents.

When to Cite

You must include a citation every time you refer to, paraphrase, or quote a law, case, or another's work.  Most of your sentences will include a citation.  Additionally, when you cite to a law, always cite to the primary source.

How to Cite

The Bluebook, formally titled  The Bluebook: A Uniform System of Citation , is the style manual for citing to legal documents within the United States.  You should use the Bluebook for all your citations in your legal paper.  The white page section contain the citation rules for legal academic publications.

Writing a Strong Introduction

Your introduction is arguably the most important section of your paper because many people will decide to continue reading based on the introduction.  It must grab the reader's attention and explain why what you are writing about is important.

Essentially, the reader should be able to skim the rest of your paper after reading your introduction and have a good understanding of its layout and arguments.  A good introduction should present the theme of the paper in a succinct manner while providing an overview of your paper.

Generally, a strong introduction will

• State the legal problem/issue;
• Describe why it is important and how your paper contributes to the discussion;
• Provide a road map of your paper; and
• State your conclusion.

Being Objective & Subjective

After your introduction, you should discuss background information on the issue you chose to write about.  This should be an objective overview of the relevant facts and existing law.  Your objective background information section should not be an all encompassing.  Keep this portion of your paper focused on the essential law and relevant facts that support your recommendation for change. 

The bulk of your paper lays in your discussion of the problem and recommendation for change.  This is the subjective portion of your paper.  In this section you should extract the relevant objective material to support your subjective analysis.

Writing a Strong Conclusion

Your conclusion should restate your thesis, summarize your major points, and remind the reader why the issue you've chosen is important.  The conclusion should essentially reword your introduction in a condensed fashion. 

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How to do legal research in 3 steps

Knowing where to start a difficult legal research project can be a challenge. But if you already understand the basics of legal research, the process can be significantly easier — not to mention quicker.

Solid research skills are crucial to crafting a winning argument. So, whether you are a law school student or a seasoned attorney with years of experience, knowing how to perform legal research is important — including where to start and the steps to follow.

What is legal research, and where do I start? 

Black's Law Dictionary defines legal research as “[t]he finding and assembling of authorities that bear on a question of law." But what does that actually mean? It means that legal research is the process you use to identify and find the laws — including statutes, regulations, and court opinions — that apply to the facts of your case.

In most instances, the purpose of legal research is to find support for a specific legal issue or decision. For example, attorneys must conduct legal research if they need court opinions — that is, case law — to back up a legal argument they are making in a motion or brief filed with the court.

Alternatively, lawyers may need legal research to provide clients with accurate legal guidance . In the case of law students, they often use legal research to complete memos and briefs for class. But these are just a few situations in which legal research is necessary.

Why is legal research hard?

Each step — from defining research questions to synthesizing findings — demands critical thinking and rigorous analysis.

1. Identifying the legal issue is not so straightforward. Legal research involves interpreting many legal precedents and theories to justify your questions. Finding the right issue takes time and patience.

2. There's too much to research. Attorneys now face a great deal of case law and statutory material. The sheer volume forces the researcher to be efficient by following a methodology based on a solid foundation of legal knowledge and principles.

3. The law is a fluid doctrine. It changes with time, and staying updated with the latest legal codes, precedents, and statutes means the most resourceful lawyer needs to assess the relevance and importance of new decisions.

Legal research can pose quite a challenge, but professionals can improve it at every stage of the process . 

Step 1: Key questions to ask yourself when starting legal research

Before you begin looking for laws and court opinions, you first need to define the scope of your legal research project. There are several key questions you can use to help do this.

What are the facts?

Always gather the essential facts so you know the “who, what, why, when, where, and how” of your case. Take the time to write everything down, especially since you will likely need to include a statement of facts in an eventual filing or brief anyway. Even if you don't think a fact may be relevant now, write it down because it may be relevant later. These facts will also be helpful when identifying your legal issue.

What is the actual legal issue?

You will never know what to research if you don't know what your legal issue is. Does your client need help collecting money from an insurance company following a car accident involving a negligent driver? How about a criminal case involving excluding evidence found during an alleged illegal stop?

No matter the legal research project, you must identify the relevant legal problem and the outcome or relief sought. This information will guide your research so you can stay focused and on topic.

What is the relevant jurisdiction?

Don't cast your net too wide regarding legal research; you should focus on the relevant jurisdiction. For example, does your case deal with federal or state law? If it is state law, which state? You may find a case in California state court that is precisely on point, but it won't be beneficial if your legal project involves New York law.

Where to start legal research: The library, online, or even AI?

In years past, future attorneys were trained in law school to perform research in the library. But now, you can find almost everything from the library — and more — online. While you can certainly still use the library if you want, you will probably be costing yourself valuable time if you do.

When it comes to online research, some people start with free legal research options , including search engines like Google or Bing. But to ensure your legal research is comprehensive, you will want to use an online research service designed specifically for the law, such as Westlaw . Not only do online solutions like Westlaw have all the legal sources you need, but they also include artificial intelligence research features that help make quick work of your research

Step 2: How to find relevant case law and other primary sources of law

Now that you have gathered the facts and know your legal issue, the next step is knowing what to look for. After all, you will need the law to support your legal argument, whether providing guidance to a client or writing an internal memo, brief, or some other legal document.

But what type of law do you need? The answer: primary sources of law. Some of the more important types of primary law include:

• Case law, which are court opinions or decisions issued by federal or state courts
• Statutes, including legislation passed by both the U.S. Congress and state lawmakers
• Regulations, including those issued by either federal or state agencies
• Constitutions, both federal and state

Searching for primary sources of law

So, if it's primary law you want, it makes sense to begin searching there first, right? Not so fast. While you will need primary sources of law to support your case, in many instances, it is much easier — and a more efficient use of your time — to begin your search with secondary sources such as practice guides, treatises, and legal articles.

Why? Because secondary sources provide a thorough overview of legal topics, meaning you don't have to start your research from scratch. After secondary sources, you can move on to primary sources of law.

For example, while no two legal research projects are the same, the order in which you will want to search different types of sources may look something like this:

• Secondary sources . If you are researching a new legal principle or an unfamiliar area of the law, the best place to start is secondary sources, including law journals, practice guides , legal encyclopedias, and treatises. They are a good jumping-off point for legal research since they've already done the work for you. As an added bonus, they can save you additional time since they often identify and cite important statutes and seminal cases.
• Case law . If you have already found some case law in secondary sources, great, you have something to work with. But if not, don't fret. You can still search for relevant case law in a variety of ways, including running a search in a case law research tool.

Once you find a helpful case, you can use it to find others. For example, in Westlaw, most cases contain headnotes that summarize each of the case's important legal issues. These headnotes are also assigned a Key Number based on the topic associated with that legal issue. So, once you find a good case, you can use the headnotes and Key Numbers within it to quickly find more relevant case law.

• Statutes and regulations . In many instances, secondary sources and case law list the statutes and regulations relevant to your legal issue. But if you haven't found anything yet, you can still search for statutes and regs online like you do with cases.

Once you know which statute or reg is pertinent to your case, pull up the annotated version on Westlaw. Why the annotated version? Because the annotations will include vital information, such as a list of important cases that cite your statute or reg. Sometimes, these cases are even organized by topic — just one more way to find the case law you need to support your legal argument.

Keep in mind, though, that legal research isn't always a linear process. You may start out going from source to source as outlined above and then find yourself needing to go back to secondary sources once you have a better grasp of the legal issue. In other instances, you may even find the answer you are looking for in a source not listed above, like a sample brief filed with the court by another attorney. Ultimately, you need to go where the information takes you.

Step 3: Make sure you are using ‘good’ law

One of the most important steps with every legal research project is to verify that you are using “good" law — meaning a court hasn't invalidated it or struck it down in some way. After all, it probably won't look good to a judge if you cite a case that has been overruled or use a statute deemed unconstitutional. It doesn't necessarily mean you can never cite these sources; you just need to take a closer look before you do.

The simplest way to find out if something is still good law is to use a legal tool known as a citator, which will show you subsequent cases that have cited your source as well as any negative history, including if it has been overruled, reversed, questioned, or merely differentiated.

For instance, if a case, statute, or regulation has any negative history — and therefore may no longer be good law — KeyCite, the citator on Westlaw, will warn you. Specifically, KeyCite will show a flag or icon at the top of the document, along with a little blurb about the negative history. This alert system allows you to quickly know if there may be anything you need to worry about.

Some examples of these flags and icons include:

• A red flag on a case warns you it is no longer good for at least one point of law, meaning it may have been overruled or reversed on appeal.
• A yellow flag on a case warns that it has some negative history but is not expressly overruled or reversed, meaning another court may have criticized it or pointed out the holding was limited to a specific fact pattern.
• A blue-striped flag on a case warns you that it has been appealed to the U.S. Supreme Court or the U.S. Court of Appeals.
• The KeyCite Overruling Risk icon on a case warns you that the case may be implicitly undermined because it relies on another case that has been overruled.

Another bonus of using a citator like KeyCite is that it also provides a list of other cases that merely cite your source — it can lead to additional sources you previously didn't know about.

Perseverance is vital when it comes to legal research

Given that legal research is a complex process, it will likely come as no surprise that this guide cannot provide everything you need to know.

There is a reason why there are entire law school courses and countless books focused solely on legal research methodology. In fact, many attorneys will spend their entire careers honing their research skills — and even then, they may not have perfected the process.

So, if you are just beginning, don't get discouraged if you find legal research difficult — almost everyone does at first. With enough time, patience, and dedication, you can master the art of legal research.

Thomson Reuters originally published this article on November 10, 2020.

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How to write a legal research paper: All you need to know

This article on “How to write a legal research paper: All you need to know” was written by Vridhi Rai, an intern at Legal Upanishad.

Introduction:

Law is all about analysis, critical thinking, and interpretation. Your capability to put together the analysis of the study of the issues in written form is essential in the practice of law. The research paper is one such way to express your creative and analytic thought process, your vision of the theme, and the originality of your content. The word ‘research’ means a systematic examination of material facts. It can be complex and daunting for law students. But research helps in enhancing your knowledge and cultivating your writing skills. This article will help you understand what is research paper all about and how to write a research paper.

What is a research paper?

A research paper is a piece of academic writing which is based on an author’s original composition in the research and the findings on a given theme or topic. The writing should be owned by the author himself or herself. A good research paper strives to convey the information traced by the author crisply and concisely. The paper is written to examine the theme or the provisions, present your stand on it, and showcase evidence in support in a systematic manner. The true nature of the paper shows you the purpose of the theme or topic. 

What is the aim of the legal research paper?

The aim of the legal research paper can be a subjective question since the writing will indicate what the intended outcome is. There are kinds of writings that would pave a way for courts because it geared toward a certain kind of doctrinal analysis of the court’s interaction with theory and practice. The writings are done for better interpretation of the law. It could also be used to influence policy-making and generate debates. The author has a specific objective and intended audience in mind to serve.

How to write a legal research paper?

Step-1 choose a theme or topic:.

The foremost step in writing a  legal research paper is to select a theme or topic for the research. Select topics that catch your attention or interest. You can pick topics addressing contemporary issues or topics for the intended audience you wish to cater to. It should be novel, innovative, and interesting. While choosing a topic, read pertinent issues from different sources.  You can follow legal news to search for pertinent topics.

In case, you find difficulty selecting a topic, it will be wonderful for you to approach your professors, colleagues, and friends for consultation. Also, never feel hesitant to change the theme or topic of the research, if you feel it is not the right topic or you will not able to research the topic effectively.

Step-2 Research on your topic:

Now, your next task is to research the topic extensively on your selected topic from credible sources. You can refer to different sources by reading legal research pieces from books to online sites like SCC online, Manupatra, and Kluwer Arbitration. Always remember don’t just goggle. Use conventional sources like books and articles, these will give you a broader perspective. Read as much as you can. Reading helps you understand the nitty-gritty of the law provisions. Please beware of the research as this task can be very monotonous. You might lose motivation to perform this task. But hang in there and stay motivated to find interesting facts.

Step-3 Examine and Make a plan:

After researching, your very next step is to examine and make a plan to execute writing a legal research paper. Your research will be comprehensive with ideas. Please develop a detailed outline. Try adding notes to your research work. It can be possible that you might end up adding too much information to your paper. Highlight the key findings from your study. At this stage you are required to identify the goal of your research work, it can be either argumentative or analytic. You have to determine the masses you are wishing to address. The focus and the tone of the paper should b according to the audience you are intending to reach.

To get your Legal Research Paper written by an expert. Contact us.

Step-4 writing the paper:.

The next step is to draft the research paper. Make a final outline of the research work. The outline must have the points to describe the overview of the paper. The basic mantra of legal research is the structure of the paper. The research paper writing should be creative, clear, concise, and comprehensive. The language of your research paper should be easy to interpret. The legal terminologies and material facts are generally very sophisticated and complex. The facts, you are mentioning must be backed by shreds of evidence.

The format of the legal research paper:

The paper should have a proper format that consists of writing styles, referencing styles, page numbering, spacing, and margins. It should also include the headlines, sub-headlines, citations, or credits to the authors and the scholars.

The content of the legal research paper:

The content consists of the following:

Acknowledgment : the content of the paper should include an acknowledgment section that appreciates all the contributors to the research paper for their efforts and encouragement.

Table of contents: it includes the list of the things that you have written in your research paper.

Scope of the research: the scope or object of the research includes the reason for your study. It shows you the skeleton of your research paper. You have stated the problem or issue of the paper.

A literature survey or the sources used in the study: it includes the sources you have referred to in your study. It can be primary or secondary resources. The primary resources include books, statutes, and case laws. The secondary sources include the material you have collected from law articles, journals, and compendiums online or offline.

The hypothesis of the research: the hypothesis is the idea that is suggested to explain the objective of the research conducted by the researcher. It conveys the expectations of the researcher on what basis he started studying the issues, he raised in his paper.

Abstract : abstract shows the gist of the theme you have mentioned in your study. It is like the summary of the findings in your research regarding the theme. It should be written clearly and concisely.

Introduction: the introduction should be well-written to attract the attention of the audience toward the theme you mentioned in your thesis. A glance over the initial paragraphs gives an insight to the readers of your work. The introduction determines whether the research paper is worth reading or not. It should express the research problem, the purpose of your thesis, and background details about the issue you are referring to. It should be short, crisp, and comprehensive.

The main body of the study: the main focus of the paper is the main body of the thesis. The body should be divided into paragraphs along with sub-headings for a better understanding of the facts. Each paragraph should draw the main points of your study. It should begin with the topic’s sentences and should conclude extensively. In the main body, you can add the case laws and judgments.  

The conclusion of the study: the finale of the study should include a summary of the main pointers discussed in the study, it should express your stand or viewpoint towards the research problem. The concluding para of your research can be affirmative or negative in tone. In the end, you can add some suggestive measures to your study.

References or bibliography: at the end of the paper mention the references or the sources links or sites from which you have researched the material facts.

Step – 5 edit and proofread the final draft of the research paper:

Use proper grammar, punctuation, and spelling. Proofreading will help you to find errors in your content. If you need, to make changes to the paper, check and find the logic and legality of the statement. At this stage, you check the plagiarism of your content.

The things that should be considered carefully before drafting the paper:

you need to check the validity of the judgments before mentioning them in the research paper. The validity of the bills mentioned in your study should be carefully considered. The errors related to applicability or jurisdictions should be carefully verified.

Conclusion:

Legal research is not an easy task to perform. It takes a lot of time to conduct it. Constant hard work, attention, motivation, and patience are the factors required to examine and analyze the details. It can be boring. But it will help you in brushing your skills. Your efforts and dedication toward finding more and more material facts will help in shaping you into a good researcher.

It is beneficial for law students for interpreting law provisions, policies, and judgments. It can be used as a medium to influence policy-making procedures and as a tool to aware the masses. Publication of your research papers will act as a stimulating force to your law career. It will help you build your confidence and help them transform into law professionals.

References:

• How to write a legal research paper: guide: how to write a winning research paper?- Legal Desire. Retrieved: https://legaldesire.com/guide-how-to-write-a-winning-research-paper/
• A helpful guide on writing a law research paper- Writing help. Retrieved: https://howtowrite.customwritings.com/post/law-research-paper-guide/
• How to begin with writing a legal research paper- Manupatra- youtube channel-(video file)
• How to write a legal research paper law?|research paper- Eminent law classes-(Video file)
• The aim of writing a legal research paper- the art of writing a legal research paper-Rohini Sen-letter of the law-(video file)

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Researching Law School Papers

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Resources on academic legal writing

Make a research appointment.

Reference librarians are available to help you get started and research your topic. 

• Stop by the Reference Desk in the library lobby
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Articles (UC Davis law students may access from offsite using Kerberos password)

• Stalking the Golden Topic: A Guide to Locating and Selecting Topics for Legal Research Papers by Heather Meeker
• Writing a Student Article by Eugene Volokh
• How to Write a Law Review Article by Richard Delgado
• How to Write a Law Review Article by Sean Burke

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Seminar Paper Research

• Topic Selection
• Preemption Checking
• Guides to Academic Legal Writing
• Interdisciplinary Research
• Evaluating Authority
• Writing the Abstract
• Problems in Constitutional Law Seminar Resources
• Food Law and Policy
• Gender and Criminal Justice Resources
• Equality and Sports

• Heather Meeker, Stalking the Golden Topic: A Guide to Locating and Selecting Topics for Legal Research Papers, 1996 UTAH L. REV. 917 (1996).
• Mary Beth Beazley & Linda H. Edwards, The Process and the Product: A Bibliography of Scholarship about Legal Scholarship, 49 MERCER L. REV. 741 (1998).
• Eugene Volokh, Writing a Student Article, 48 J. Legal Ed. 246 (1998)

Research Guides

• Georgetown Law Library Research Strategies for Seminar Papers
• University of Cincinnati: Seminar Paper Research
• UCLA Researching for a Scholarly Article or Seminar (SAW) Paper: Introduction and Things to Know
• Selecting & Developing Your Seminar Paper Topic: Selecting a Topic
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Legal Research Basics: A Step-By-Step Guide to Brushing Up on Your Skills

Legal research is imperative to the practice of law. Depending on where you are in your legal career, there could be multiple reasons to brush up on the basics of legal research. You could be a: 

• Law student or recent graduate preparing for your career 
• Seasoned attorney aiming to brush up on the basics amidst ever-evolving legal research technology 
• Growing law firm preparing to train new attorneys or paralegals 

Regardless of which of these categories you align with most, reviewing the basics of legal research should become regular practice. After all, the importance of legal research cannot be overstated – pinpointing the best facts and knowledge for your case can make the difference between winning and losing.  

Use this article to review the basics and set yourself (and your firm) up for success. First, we’ll define legal research and its components. Then, we’ll walk you through a step-by-step process for conducting superior legal research. Finally, we’ll close with recommendations for tools that can help you become both an accurate and efficient legal researcher – which ultimately equips you with a reputation for success in the courtroom.  

What is Legal Research?

Legal research is defined as the process of identifying and retrieving information necessary to support legal decision-making. There are multiple reasons you might conduct legal research: 

• To find “good” case law that backs up your motion or brief  
• To provide legal counsel to clients  
• To provide a memo or brief for class (law students only)  
• To identify case law that refutes an opposing argument 
• To support the over-arching narrative of your case 

What is the Importance of Legal Research?

Legal research provides support for decision-making on complex issues, by providing specific facts and legal precedent that allow you to produce complete answers for clients. Quality legal research is critical to the practice of law.

Historically, attorneys combed through books and libraries for the perfect facts, cases, and issues; now, technology has largely replaced this process. While the prominence of ever-evolving technology has made the process more efficient (and, in many ways, easier), the sheer number of products and options available can be overwhelming.  

The Legal Research Process

Understanding that the legal research process can be overwhelming and time-consuming, we’ve broken the legal research process down into three key steps: 

• Understand the facts of your case 
• Gather sources of law 
• Check your citations for “good” law 

Each of these steps is detailed below, alongside a quick-view checklist.  

Step 1: Record the Facts of Your Case and Create a Research Plan  

Handling a legal task with authority requires confidence in the process. This is true in any practice, jurisdictional setting, or level of legal expertise. A good process should start by taking time to identify and understand the facts of your case. Ask yourself the following questions: 

• What is the legal issue at hand?  
• What are the details of the case?  
• What jurisdiction is most relevant?  
• Do you need state or federal case law? 

Record your facts in a case management tool before beginning – this can help you develop a course of action and narrow down where to start your research. While it may be tempting to skip this step, a commitment to this process saves you time in the long run by helping you efficiently juggle multiple clients. Not to mention, you will likely need what you’ve recorded to file a motion or brief. 

With the facts of the case recorded, you can begin your research. Because this will help you develop a plan for gathering your sources, we will briefly discuss creating a research plan before moving on to Step 2.  

Did you know? LexisNexis boasts a collection of state case law superior to its leading competitors. Easily filter by jurisdiction before or after your search.  

Creating a Research Plan  

Review the facts you recorded to determine what information you will need to build your case. When legal research first moved online, many attorneys felt the need to start with a free service like Google to identify terms of art before conducting a search in a legal research platform. However, this is no longer necessary. Research platforms like Lexis+ allow you to start your search with a natural language search or question and equip you to quickly comb both primary and secondary sources. Litigators, specifically, can use Fact and Issue Finder – integrated directly with Lexis+ – to help quickly identify the best terms of art for their search.  

Creating your research plan is less about planning where you will search and more about planning what you will search. You know your research can be conducted on one, fully integrated platform. So, what questions will you ask to get started? What legal issues do you need more information about? What filters will you need (jurisdiction, time period, etc.)?  

Once you know what you will search for, you are ready to gather sources.  

Step 2: Gather Sources of Law  

The next step in your process is to gather relevant sources of law. Below, we detail the difference between primary law and secondary law. Importantly, when gathering sources, start with secondary law materials. This helps ensure you are up-to-speed on what experts have to say about a topic before you begin your case law search. Why does this matter? Think about it as building your knowledge base before crafting an argument – you’ll be less likely to make mistakes and more inclined to spot case-winning primary law.  

What are Secondary Sources of Law?  

Secondary legal sources are materials that describe or interpret the law. They are educational resources that provide analysis of the law. These documents are cited by attorneys to persuade a court to reach a particular decision in a case, but which the court is not obligated to follow. Start with secondary sources to learn from legal experts that have already explored a given topic.  

Secondary sources may include: 

• Practice guides 
• Legal treatises 
• Law review articles 
• Scholarly journals 
• Legal news 
• Jury instructions 
• Legal dictionaries and encyclopedias 

What are Primary Sources of Law?  

A primary legal source is a formal document officially issued by the government that establishes the law on a particular matter, such as a case decision or legislative act. Primary sources are the law. This is the most authoritative step in the legal research process. You can support arguments with primary sources as they are not only authoritative, but precedential and controlling.  

Your primary sources may include: 

• Case law (federal and/or state) 
• Orders 
• Decisions 
• Statutes and regulations 
• Constitutions  
• Treatises 

Step 3: Check to See If You’re Using Good Law   

The final step in your research process should include a final check to ensure you have used “good” law – this means you are using case law that has been treated positively in court (as opposed to case law that has been overturned or brought into question). 

Check your case citations as you collect them, especially since legal research software can allow a quick view of how your case has been treated in court directly from your search results. However, it is best practice to review your citations once your research process is complete to check for any gaps, changes, or oversights.  

Read more about using good law and the process of " Shepardizing ."

Conduct Winning Legal Research  

Following this three-step process ensures you’re taking the right measures to find the most accurate, relevant and valuable data to achieve your objectives. Now that you’re ready to conduct winning legal research, take some time to review products and tools that can help you in your path to success.  

Getting Started with Legal Research Tools   

Legal research is key to drafting effective documents and building winning cases. Legal research solutions have evolved substantially – helping you conduct legal research with increased efficiency and accuracy . Below is a list of legal research tools to help you build a winning case:  

• Lexis +:  This is the premier LexisNexis fully integrated legal research platform. Features such as Shepard's At Risk ensures you’re citing only the most authoritative sources, with unprecedented visibility into whether a case is at risk of being overruled or undermined. Other Lexis+ features include, but aren’t limited to: 
• Brief Analysis: Get a clear picture of the contents of your legal brief to identify any missteps and bolster your arguments against opposing counsel. Simply upload and file and quickly evaluate the legal authority cited in your (or an opposing) brief in granular detail and receive recommendations for additional searches.  
• Litigation Analytics: Get the most accurate insights into judges, courts, attorneys, and law firms to ensure your success in litigation. Understand critical insights regarding caseloads, experience across case types, timing to key milestones, and damages by comparing federal districts and judges. 
• Shepard's ® Citations Service:  See if a case has been overturned, reaffirmed, questioned, or cited by later cases, or is at risk of negative treatment. Your research needs to provide precedential value. Using reversed or overruled authority doesn't qualify as "Good Law" and your research may be ineffectual or harmful to your case.  
• Practical Guidance: View professional insights on 20 different practice areas. Accomplish any task with practice notes, annotated templates, and checklists.  
• Legal News Hub: Receive up-to-the-minute, award-winning journalism and legal news from Law360 and Law360 Pulse anytime you need it — without having to leave the Lexis+ ecosystem. Stay current on critical developments across legal practice areas, with over 70 coverage areas spanning the practice and business of law. 

LexisNexis is here to support your firm in winning your next case. With Lexis+, all of your legal research needs are integrated into one platform as a true start-to-finish solution. Ready to learn more? Take a guided tour of Lexis+ today. 

Buy Now    Free Lexis+ Access

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Writing a law school research paper or law review note

• Books and articles

Basics of Format & Content

Research papers are not as strictly structured as legal memos, briefs, and other documents that you've learned about in legal writing and drafting courses. For example, there is no prescribed content/format similar to to the Questions Presented, Brief Answers, etc. that you learned for a legal memo.

A general approach to thinking about the content of a research paper is:

• Introduction in which you give some background and a clear statement of your thesis
• Status quo -- what is the existing law and why is it a problem
• Proposals for change

See this blog post by Jonathan Burns , an IU McKinney alum, for more on basic content.

If you're writing for a law review or seminar, you should get formatting instructions regarding things like margins, font size, line spacing. If you don't, or if you're doing an independent study, here are some basic guidelines to follow:

• Times New Roman or similar, 12 pt font.
• Double spaced lines.
• One inch margins all around.
• Footnotes in academic Bluebook style (use the rules on the main white pages instead of the light blue pages at the front of the Bluebook).
• Footnotes in same font as text, 10 pt font.
• Use Roman numerals and/or letters on headings and subheadings or style the fonts so that the difference between headings and subheadings is clear.   
• Page numbers in the footer, preferably centered, especially on first page. You could do bottom center on first page and then upper right in the header thereafter. Use the header and footer functions for this. If you don't know how to use headers and footers in Word, here is help:  https://edu.gcfglobal.org/en/word2016/headers-and-footers/1/ . 

Headings and subheadings

Research papers should have headings and subheadings. These help your reader follow your logic--and a logical structure is very important. Headings and subheadings can also help you keep your thoughts organized. Just don't overuse them--you don't want every paragaph to have a subheading. 

Road map paragraph

Often, research papers will also include a paragraph at the end of the introduction that narrates the road map the paper will follow.   Here is an example of this kind of paragraph:

"The section that follows [this introduction] sets the stage by recounting two scenarios from the Indiana University Robert H. McKinney School of Law, with discussion of the knowledge and implementation of accessibility features in online instructional materials. The next section provides an overview of various impairments and their effects on a user's experience of the online environment. Next is a review of the laws relevant to accessibility with attention to their potential application to online instruction, along with standards used to guide accessibility compliance. The article then explores the concept of universal design and its guiding principles, followed by a discussion of how to use the universal design principles to organize and better understand accessibility standards and practices. The final section briefly summarizes the discussion and encourages law librarians and professors to become knowledgeable and skilled in universal design for online materials to benefit all their students."

Table of Contents

A table of contents can also be helpful, though it's not necessary. If you add a table of contents to your papers, put it right at the beginning, before the introduction. Here's part of the table of contents for the same paper the paragraph above was taken from--it really just lays out the heading and subheadings with page numbers: 

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5 Key Steps to Writing an Effective Law Research Paper

Table of Contents

5 Key Steps to Writing an Effective Law Research Paper: Our Legal World

Writing a law research paper is much different and complex than crafting a research paper for other fields. That’s because it involves methodological research, which further requires familiarizing yourself with the current legal precedents, principles, and regulations. So, due to such complexities, students often get overwhelmed when asked to write a law research paper. And if you happen to know any such students, this blog post is for them.

Here, we’ll simplify the art of writing a persuasive research paper for law students with the help of 5 key steps. So, without prolonging this intro, let’s get to those steps.

1.    Select a Relevant and Narrow Topic

Whether you want to write a research paper for law or any other field, the first step you need to perform is to select a relevant topic. This step is paramount to writing an effective research paper because it will help you form the foundation for a compelling and well-researched paper. Therefore, the earlier you complete it, the better it will be for the overall quality of your law research paper.

But choosing a topic for a law research paper is different from selecting a topic for any other writing form. That’s because broader topics are challenging to cover. Therefore, your chosen topic should be specific and relevant to your interest. For instance, you can narrow your research for a topic to a particular point that aligns with your interest or has significance in law.

Sometimes, colleges or universities assign the research paper’s topic to students. So, if this situation represents your use case, all you need to do is pick a topic according to your interest from the assigned ones.

2.    Perform a Thorough but Methodological Research

Like other writing forms and research papers, thorough research is essential to write an effective law research paper. In fact, it’s the backbone of a research paper. Therefore, you should perform it, which is the second step in this guide.

But unlike other writing forms, the research for writing a law paper must be methodological. So, how can you conduct such research?

Well, existing literature can be a great starting point for the research phase of a law research paper. But other than that, you can use a plethora of sources, such as

• Legal databases.
• Scholarly articles.

Thus, looking for relevant data should be your priority while exploring the above-mentioned resources. But other than that, you should also familiarize yourself with the current legal precedents, principles, and regulations. Doing so will help you collect compelling evidence, arguments, and counterarguments, ultimately supporting your research paper and providing an overall comprehensive analysis.

3.    Create a Well-Thought-Out Outline

Suppose you have collected a lot of information and read all the existing written material regarding your research topic. In that case, you might crown your research paper with a lot of information and get carried away. Therefore, to cope with such a situation, we recommend creating a detailed outline, which is the third step of this guide.

Creating an outline and dividing your research paper into logical sections and subsections will help you formulate a coherent and organized structure. So, do that because this way, you can convey your ideas effectively. But remember that each section and subsection you create should relate to your research question and support your thesis.

Thus, once you’ve maintained a clear flow of ideas through the logical sections and subsections, it will ultimately improve your paper’s readability, which means readers can follow your point quickly.

4. Write in a Clear and Precise Legal Language

Documents related to law are famous for their complex and intricate language. But since a law research paper doesn’t intend to educate people having a legal background only, understanding convoluted language can be challenging for readers. And this situation is especially valid when you have to discuss arguments or concepts that are intricate and nuanced. To cater to this, we recommend writing the law research paper in clear and precise language.

Whether you are developing a solid thesis statement or writing your research paper’s introduction, body, and conclusion sections, it is essential to communicate the ideas clearly. And to do that, first of all, you must avoid using complex sentences and wording. Doing so will make your law research paper accessible to the experts and novices in the field.

But if writing content in a simple and easy-to-read manner is challenging for you, you can reword your complex content with any AI-based rephrase tool . Such tools use advanced NLP and AI technologies to paraphrase sentences and simplify their complexities in no time. This will ultimately save you time in simplifying the research paper manually and improves the overall quality of the paper as well.

5.    Don’t Forget to Revise, Edit and Polish Your Work

You’ve got the research and outline, which means, by now, you will have crafted a first draft of your research paper. And if you have, then it’s time to polish that draft by revising and editing it. But how can you do that?

Well, you can perform the following checks:

• Carefully proofread your paper and look for formatting mistakes.
• Besides formatting, don’t forget to check for grammar, punctuation, or spelling errors. But if you need any assistance, we recommend using an AI writing assistant.
• Your research paper will have a plethora of arguments. So, make sure that every one of them flows logically and cohesively throughout your research paper. And also, analyze whether you’ve supported every idea with relevant details.
• The first draft often contains repetitions of ideas. Therefore, you must trim them to polish your work.
• Perform a check for plagiarism on the content of your research paper.
• Remember to cite every source you’ve assisted in formulating your research paper’s data.
• Remember to use the same citation style throughout the research paper.

Thus, by implementing these tips, you can easily polish your research paper and prepare it for the final submission.

Writing a law research paper requires dedication, meticulous research, and thoughtful organization. However, with the proper guideline, you can enhance your chances of producing a compelling and impactful paper.

So, remember to choose a relevant and focused topic, conduct thorough research, structure your paper effectively, and meticulously revise and edit your work. Thus, with practice and persistence, you can master the art of writing an outstanding law research paper that engages readers and contributes to the legal discourse.

Related Posts

Legal Writing

• Choosing a Scholarly Paper Topic

Choosing A Topic: An Introduction

Further reading, sources for topic ideas.

• Conducting a Preemption Check
• Evaluating Information
• Keeping Current
• Publishing Your Scholarly Writing
• Avoiding Plagiarism
• Legal Citation & the Bluebook
• Persuasive Legal Writing
• Transactional Legal Writing
• Litigation Focused Writing
• Legislative Drafting
• Judicial Writing
• ADR Drafting

Picking a topic can be the hardest part of writing a substantial paper or journal note. A good topic will make a claim that is both novel and adds to the discussion in a particular area of law.

The first step in choosing a topic is identifying a legal problem. Among other forms, this problem may be a policy concern, a conflict in the law, a gap in knowledge, or an issue surrounding a new legal development.

The second step for choosing your topic is proposing a solution to the problem, which will be the basis of your argument or thesis.

After crafting your thesis, the third step is conducting a preemption check to ensure that your topic has not been preempted by other writing on the subject. This guide details sources for help in selecting a paper topic available through the Ross-Blakely Law Library, as well as freely available online, and offers insight in how to check whether your paper will add new information to the field of law.

Questions to consider in choosing a paper topic When choosing a topic, it may be helpful to consider what subjects, classes, or activities you already enjoy and whether an appropriate topic can be developed from them.

What classes do you enjoy most in law school? What law school organizations do you belong to and what projects were rewarding or useful? What projects from your summer legal employment were interesting? What news stories have you heard lately that troubled you? What areas of law would you like to practice in?

Heather Meeker,  Stalking the Golden Topic: A Guide to Locating and Selecting Topics for Legal Research Papers , 1996 Utah Law Review 917 (1996) To be published, a paper must be relevant, meaning the overall topic is important enough to have warranted some discussion. But a paper must also add novel information to its field. This article discusses the balancing act of finding something new in a legal field that has already drawn attention.

Eugene Volokh,  "Finding What to Write About (The Claim)" in  Academic Legal Writing: Law Review Articles, Student Notes, Seminar Papers, and Getting on Law Review , 5 th ed. (2016)   Tips for research, writing each section of your article, editing your early drafts, and entering competitions or submitting articles for publication.

A Short & Happy Guide to Advanced Legal Research (Ann Walsh Long, 2022) (available on campus, remotely with ASURITE, or with an ASU West Academic account) Chapter 7 of this brief volume goes into depth on the process of finding, planning, and writing an extended academic paper on the law similar to what professors produce. It recommends seeking expert guidance on a topic and identifies several fertile sources, including circuit splits, state surveys, and law review symposia. It also provides guidance on the preemption check that helps ensure your written product will be unique and valuable, as well as organizing research, editing, and building credibility with comprehensive footnotes crediting experts in the field.

• Circuit Splits
• Hot Legal Topics
• Legal Podcasts
• Legal News Sources

A good way to generate a topic is to look at how different jurisdictions have treated a particular issue. To do this you can examine splits between the circuit courts, in which federal appellate courts from different jurisdictions have disagreed on an important federal question.

U.S. Law Week: Circuit Splits  (Bloomberg Law password required) U.S. Law Week is published weekly by Bloomberg Law.  It includes information on important cases handed down each week and current legal developments. It also has a monthly "Circuit Splits" Feature.

Resources that focus on the "hot topics" in law can be helpful in identifying issues that have not yet been clearly addressed by the courts or legislature and are ripe for academic commentary.

Bloomberg Law - In Focus Resources   (Bloomberg Law password required) Bloomberg Law's In Focus resources are editorially curated pages that provide access to news, commentary, litigation filings, regulatory developments, and practice tools on emerging issues and other topics of note to legal practitioners.

CRS Reports - "Congressional Court Watcher" The Congressional Research Service is a public policy research institute within the United States Congress, tasked with providing research and analysis on topics related to policymaking. From their website, search for "Congressional Court Watcher" to find weekly updates on appellate decisions that may be of interest to lawmakers.

Resources that track and analyze current events and developments in the legal world, such as blogs, may also provide topic ideas. 

Justia Blawg Search Justia has a listing of over 6,000 law blogs which have been organized in to 75 categories.

Law Professor Blogs Network This is a centralized website for the network of law professor blogs, which are blogs devoted to particular legal subjects written by law professors.

SCOTUS Blog The Supreme Court of the United States Blog provides comprehensive coverage of the U.S. Supreme Court and a wide-ranging array of resources related to Supreme Court cases.

9th Circuit Blog This blog offers commentary and summaries of cases before the 9th Circuit U.S. Court of Appeals.

Arizona Appellate Blog The Arizona Appellate Blog reviews opinions in civil cases from the Arizona Supreme Court and Arizona Court of Appeals.

Global Legal Monitor The Global Legal Monitor is an online publication from the Law Library of Congress covering legal news and developments worldwide. It is updated frequently and draws on information from official national legal publications and reliable press sources.

These podcasts deal with current legal topics and may be useful for keeping current on the law and coming up with an idea for a journal article or seminar paper. For additional legal podcast information, please see the Law Library's Keeping Current: Podcasts guide.

Bloomberg Law Host June Grasso speaks with prominent attorneys and legal scholars, analyzing major legal issues and cases in the news.

Make No Law: The First Amendment Podcast This podcast explores the background of important First Amendment cases and the personalities and history that led to them. Join Ken White, First Amendment litigator and law blogger at Popehat.com, as he interviews some of the people behind America’s most important free speech cases.

Opening Arguments A podcast for people who want to form an opinion about a current legal topic but don’t yet have enough information to do so. It tackles relevant legal arguments and gives you the tools you need to understand the issue. Facts are presented in a neutral manner even though the hosts make their political views no secret.

Stay Tuned with Preet Former U.S. Attorney Preet Bharara breaks down legal topics in the news and engages thought leaders in a podcast about power, policy, and justice.

Bloomberg Law News  (Bloomberg Law password required) The  Subscription & Alert Management  page enables researchers to subscribe to curated newsletters on a variety of subject areas within law and business. 

Law360   (available on campus or remotely with Lexis password) Law360 readers may sign up for newsletter alerts of new articles within each Law360 section or materials pertaining to particular law firms by clicking on bell icons and following the prompts. 

Lexis News Directory   (Lexis password required) In the Lexis News Directory, news can be searched by region, by publication type, and by subject.

Westlaw News Directory   (Westlaw password required) From the Westlaw News Directory you can search news by type, by jurisdiction, by topic, and by industry.

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A step-by-step guide to writing a Research Paper

The article is written by Bodhisattwa Majumder , from MNLU, Mumbai.

DISCLAIMER : I am not a professional. I am a penultimate year student who takes genuine interest to learn and help others. Every word of this article is based upon my personal experience, and expert advice which I have gained from the Internet, and certain kind individuals whom I have interacted with in my internships, college and LinkedIn. This article is for beginners, who think they have no clue about legal writing.

Table of Contents

Select a topic first, Not the publisher

Yes. Select a topic first. Don’t choose the end first, basing your research topic on a “Call for Paper” would be limiting yourself to their demand, rather than flexing your passion and comfort. Trust me, you will have a lot of journal choices for any type of law you choose.

Take caution! Don’t try to convert your Moot Court Memorials or other assignments into research papers! I have often come across several law students trying to convert their memorials or academic projects into research papers for publications (often sinned that myself too), However, what I have found is, that it is a great setback for budding authors. You might feel that given that as you have already researched that field you have better chances and you will be able to publish easily. Firstly , the topics for the moot research are often not what the publishers or readers want. Secondly , already having worked in a lackadaisical way (projects in my case) brings in boredom and lack of interest and as a result, you are in a hurry to get it done with. After that, the result is a half-hearted submission which has higher chances of rejection. DONT DO THIS. Star afresh. Look for burning issues that align your passion. Research on the requirements of the publishing houses. Consult your professors about the grey areas. Trust me it’ll be much better.

Characteristic of a topic?

The topic should be URI . Unsettled, Relevant and Interesting. All these components are very important and I will tell you why.

Firstly, if it is an already settled topic, then you won’t be able to give any original thought. You would be simply compiling the stuff. You don’t want to do that.

Secondly, if it is 20 years old, nobody cares about it. The recruiters will spot your topic only if it helps them in their practice.

Thirdly, even if it’s a burning issue and unsettled, you will lose interest if its bland and does not match your passion. Take a topic which makes you think.

But, how to find a relevant topic?

It is the most difficult and tenuous process to publish a paper. It has no specific way but I have found the following steps helpful:

• Follow market leaders. Partners, Associates, Firms on LinkedIn. They regularly post the latest issues which they face in practice.
• Follow legal news. Livelaw, Bar&Bench amongst a few.
• Subscribe to Law journals. (might cost a buck)
• Set up Google Alerts on certain keywords.

This will take at least a few weeks. It’s a very boring process but once you get hooked on you will enjoy it.

Research: Where to study from?

You have to develop a knowledge base. This has to be done stepwise.

• Preliminary Knowledge: All the articles you can find on this online through Google Searches, they might sound quirky and local but read what they want to say. Trust me although they are not authentic, but they can be surprisingly precise at times. Very easy to read, so you will not sleep while reading it. This will help you get the basics and set an argument in motion.
• Detailed Reading I:  Books. Commentaries from known publishers such as EBC, LexisNexis, Sweet and Maxwell, Bloomsbury etc. They help understand the nitty-gritty of the subject and also understand the evolution of the law. BUT, be aware they are not often updated and latest case laws might be missing. This will help you frame a tentative argument.
• Detailed Reading II: Journals. Bring in the Big Guns. Manupatra, SCC, HeinOnline, West law et al. You will get the most recent, most updates and most authentic information. This will help you substantiate your arguments and provide the authorities. BEWARE, these are often very complex and might make you sleep. Kick the passion!

Drafting: I have an idea, but can’t frame it!

No one can help you here. You have to put in your twelve years of slavery to practice. Some tips on writing:

• Don’t schedule writing AFTER Research. Write simultaneously. Only when you sit down to write, you will know what you NEED.
• Be precise and simple. No need to throw in jargons.
• Don’t copy as it is. Learn to paraphrase on your mind. Read a sentence, close your eyes and type without looking again. You have the inbuilt power of paraphrasing.
• Try to follow a direction. Make a flow chart if needed. Guide the reader. 
• There should be a connection and straight flow between the sections.
• CITATIONS: Go to a reputed journal which follows your required citation style, look up in old volumes how they have done it. It’s the easiest way out. Googling never helps here.

Where to send the manuscript?

The second-most difficult job. Finding the appropriate journal. A balance between reputation and success rate is to be ensured. If you are reading this article, most probably too reputed will disappoint you and too bad will be a disappointment after all this hard work.

What to look while searching for a journal?

• Genesis:  Year of the first publication, the older it is, the better.
• Frequency (yearly, monthly, annually) : The more the merrier (higher probability).
• Brands associated with it. Either in the form of reviewer, sponsor, editor, publisher. (Always go for an NLU Journal)
• Region:  If it’s a foreign journal, no matter how shitty it is, it will impress the recruiters. 
• Outreach:  Very difficult to find, but usually google help.
• Nature:  If it’s a paid subscription-based, it’s probably good. But not the other way around.

How to find a journal?

• Google: Search with the following keywords. “_____Law + Journal + Submission + Call”, Set advanced search and list by recent.
• Call for papers: Lawoctopus, LawLex etc. Check the ads. But beware, a lot of competition here.
• Follow the heard: Check where your friends or seniors have published before. Ask them.
• Connections: If you have them, you don’t need this article.

Sending process

• INSTALL “mailtrack” already. You need to know whether anyone is reading your emails.
• Always use institutional mail ids for these things. Good impression. Don’t keep any other emails apart from professional mails here. If you MISS it, you will regret for weeks.
• Follow up every 7 days . It is a long process, often takes more than months. Be patient, don’t irritate the editor.
• Make an attractive cover letter. Have a professional DP. Place a detailed signature. I will provide mine:

Relax, and wait for “the mail”. All the best.

Frequently asked Questions

• What do you think is the better route? Writing elaborate papers for journals or writing articles for these online blogs?

You have to do both. Blogs display that you’re up to date and most people read blogs they don’t have time for elaborate papers. But papers look good on CV and displays that you have in-depth knowledge.

• So how many papers one should right?

No watertight answer for this. Based on your capacity. I set a goal of 1 Paper and 2 blogs in two months.

• Any idea what these recruiting firms want to see on your profile?

Based on interviews which I’ve given, they want to see two things:

• Passion: The branch which you are joining, you have some interest on that and you’re just not there for the bucks.
• How to prove you’ve passion? Publications. You’ve applied your mind and you’ve kept in touch with the market
• Who should we ask for guidance?

Different people serve different objects:

• For Topics: Professionals, Teachers.
• For Drafting/where to send: Peers, Seniors.
• Is Co-authorship a good choice?

They are luggage or pullers. Either they will slow you down due to their lack of knowledge or they will move so fast you won’t contribute much. Be clever, go for co-authorship only when the other person knows a person who knows another person . Guaranteed publication, that’s what makes a perfect co-author.

That’s all folks!

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:

https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA

Follow us on  Instagram  and subscribe to our  YouTube  channel for more amazing legal content.

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Essentials of valid marriage under muslim law, krishna kumar singh vs. state of bihar (2017), selvi v. state of karnataka (2010) : case analysis.

Thanks a lot !

Thank you so much! This helped me a lot. I literally had no clue what to begin with. Now atleast I can think about writing.

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Legal Writing Guide: Legal Writing for Students--Texts and Guides

• Getting Started
• Legal Writing for Students--Texts and Guides
• Writing for Practice
• Citation, Grammar and Style Guides
• Web Resources

Introduction

Student texts on legal writing fall mainly into three categories: introductory texts covering memo writing and other first-semester concepts, advanced texts designed to accompany upper-level writing courses, and academic writing texts .   There are also texts designed to accompany appellate advocacy classes.  Those appear in the Appellate Advocacy Research Guide .

First-year Texts and Supplements

Many of these books are standard course books for first-year legal writing classes, but each has a slightly different focus or approach. These books are listed in alphabetical order.

Upper-level Texts and Supplements

These books are listed in alphabetical order.

Academic Writing

Subject Guide

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• Next: Writing for Practice >>
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Selecting and Developing a Law Research Topic

• Introduction
• Selecting a Topic
• Developing a Thesis
• Checking the Novelty of the Thesis
• Referencing and citing

Finding a Topic

When selecting a topic, make sure that it is interesting to you and your audience, well-defined, manageable, novel and worthy of publication.  If you need help finding a research topic, you can start by: 

• Examining legal developments
• Keeping up to date with current affairs, e.g. news items can generate topic ideas
• Searching for a novel case or a legal issue where courts have split on their interpretation of the law
• Browsing recent scholarly publications
• Mining topic ideas, including calls for papers and writing competitions
• Exploring grassroots advocacy from communities and legal organisations. e.g. blogs and websites
• Talking to people

The Law Library has numerous resources listed on this page to assist you in selecting your topic.Even if you have a topic in mind, use the following resources to learn more about any new developments within that area. If you get stuck or need customised advice, please email us at:  [email protected]  

Novel Cases

A common approach to finding a topic is to focus on a case that raises a novel issue of law. To find these cases, search for legal developments (see Legal Developments) or browse recent cases before the Australian High Court or highest appellate court in other countries.

• High Court of Australia
• Supreme Court of Canada
• Supreme Court of New Zealand
• Supreme Court of the United Kingdom
• Supreme Court of the United States

The following blogs also contain valuable information about High Court/Supreme Court decisions:

Legal Developments

A good place to get ideas for a paper topic is to examine recent legal developments. Even if you have a topic in mind, use the following resources to learn more about any new developments within that area. Newspapers, blogs and current awareness resources, such as the ones below, are usually the first to report on a developing issue of law.

News and Newspapers

• Nexis Uni Nexis Uni provides quick comprehensive access to legal, business news, market insight, biographies and public records in a single location. Search the phrase "legal developments" for useful news items.
• Factiva Factiva provides access to the latest business and industry news. IThe database allows users to browse through a collection of global content sources from 200 countries, in 26 languages – including newspapers, continuously updated newswires from Dow Jones and Reuters, journals and magazines, websites, blogs, and multimedia. For details on how to use Factiva visit: https://proquest.libguides.com/factiva

For further information on finding news and searching newspapers, refer to the News and Newspapers Library Research Guide.

• News and Newspapers by Christina Ward Last Updated Sep 19, 2024 19693 views this year
• Oxford Public International Law - Debate Maps A good source for ideas on topics related to public international law. The debate maps are an index of discussions by scholars on the public international law aspects of current major debates.
• AUSPUBLAW A collaborative blogging project with commentary and analysis on recent cases and legislative change as well as updates on the latest research and scholarship in Australian public law.
• The Court Osgoode Hall Law School's blog on decisions from the Supreme Court of Canada
• Oxford Public International Law - News For the latest news dealing public international law topics.
• Opinions on High (not updated since 2020) University of Melbourne Law School's blog on decisions from the High Court of Australia
• SCOTUS Blog United States Supreme Court blog written by lawyers, law professors, and law students
• UKSC Blog United Kingdom Supreme Court blog written by influential solicitors and barristers

Scholarly publications

• Lexis+ Australia Australian online legal information source, offering a range of subscription services for legal reference and research. It is a full text database of Australian law, including some legislation and case law. It also includes two case citators and a legal encyclopaedia.
• Westlaw Australia Australian legal database. Search for articles using keywords or browse secondary sources.

For further links to journals and other secondary sources, refer to the Secondary Sources for Law Library Research Guide.

• Secondary Sources for Law by Jason Odering Last Updated Sep 24, 2024 3851 views this year

Unresolved Legal Issues

Another common approach to finding a research topic is to examine an unresolved legal issue. Unresolved legal issues can occur when courts have split in their interpretation of the law, leaving the ultimate meaning of the law unresolved. In the United States, this is known as a 'circuit split' because it is based on federal circuit courts interpreting the same legal issue differently. These sorts of issues are ripe for appeal to the US Supreme Court, the highest court in the land. 

A research topic may describe the split, identify any issues that may be influencing the courts, and propose a way to distinguish the situations or resolve the discrepancy. These topics can be very timely and relevant. However, if the discrepancy is resolved before your paper is completed, the topic can be rendered entirely obsolete. Because these topics are so popular in the United States, there are resources dedicated solely to tracking circuit splits, including the following:

• Seton Hall Circuit Review A law review dedicated to covering the United States federal circuits. The section entitled 'Current Circuit Splits' provides brief summaries of the circuit splits identified in federal court of appeals opinions.
• The University of Cincinnati Law Review's Circuit Splits Blog
• Circuit Splits Reported in U.S. Law Week (BNA) To access Bloomberg Law: staff and students must use their University of Melbourne email addresses when completing the registration form to establish a Bloomberg Law School account.

Journal Articles

• Meeker, Heather, 'Stalking the Golden Topic: A Guide to Locating and Selecting Topics for Legal Research Papers' (1996) 3 Utah Law Review 917
• Volokh, Eugene, 'Writing a Student Article' (1998) 48 Journal of Legal Education 247

Law Library Catalogue: ebooks and print materials

Use introductory texts to begin your research. These will help you structure your research and point to key issues that may be appropriate for a research topic.

1. To find print and ebooks, search the Library catalogue for your topic in the keyword field e.g. international humanitarian law.

Keyword Title Author Subject Journal title Call number ISBN or ISSN  or

2. Browse the shelves according to call numbers. Books will be shelved by call numbers according to their subject matter.

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If research assistance is needed, please do not visit the library without receiving confirmation of your appointment from a library staff member..

Supreme Court Seminar (Dawson)

• Introduction to the Supreme Court
• Chief Justices
• Associate Justices
• Supreme Court Print Sources
• Supreme Court Electronic Resources
• Interlibrary Loan This link opens in a new window

Helpful Books from the Law Library

Getting ready to write, help crafting your seminar paper, using working papers to select a topic, using legal news and blogs to select a topic, avoiding plagiarism.

• Supreme Court Nominations

More Ways to Contact Us

Students submit help requests here .

Faculty and staff submit help requests here .

The following treatises are just a few of the many available treatises that can assist with drafting a seminar paper or understanding the scholarly legal writing process.

• Understand your objective.   Know what type of paper you want to write and how it falls in line with the goals of the class.
• Make sure you are interested in your topic.   You will be spending a lot of time with your seminar paper topic, so having a genuine interest in it can make the process more satisfying and less frustrating.
• Plan ahead.   Thorough scholarly research cannot be done in one day or even a weekend.  One resource that may assist you with developing a writing timeline is an  Assignment Calculator .
• Keep track of your research.   Know what resources you have looked in, what search terms you have used, and when you used these resources.  This will make completing and updating your research easier.  Tools like  Zotero  can help you with this.
• Writing a Student Article This law review article provides fantastic insights into the ins and outs of writing a law school seminar paper.
• Georgetown Law Writing Center - Guides and Handouts A collection of Guides and Handout about Scholarly and Legal Writing covering various topics. Selected guides are linked below.
• Georgetown Law Writing Center- Checklist for Scholarly Writing
• Georgetown Law Writing Center - Checklist for the Writing Process
• Georgetown Law Writing Center- Creating a Good Scholarly Paper
• Georgetown Law Writing Center- Strategies for Outlining Your Scholarly Paper

Looking at working papers from other scholars can assist you by allowing you to see what types of topics are being actively discussed in legal academia.  Two resources for reviewing working papers are detailed below

• Bepress Legal Repository The bepress Legal Repository offers working papers and pre-prints from scholars and professionals at top law schools around the world.
• Social Science Research Network (SSRN) The Social Science Research Network is devoted to the rapid worldwide dissemination of social science research and is composed of a number of specialized research networks in each of the social sciences.

Various legal news resources and blogs (or blawgs) can assist with selecting a seminar paper topic.  The resources below are just of few of the many resources available on the Internet and through subscription services authors can use to locate current events and novel legal issues.

• SupremeCourt.gov
• SCOTUS Blog
• ABA Blawg Directory
• Seton Hall Circuit Review  (Law Review) available via  HeinOnline
• NCCU Library Plagiarism Tutorial   NCCU's main library put together a step-by-step guide to avoid I plagiarism. It is not a law school specific guide; however, it offers a great breakdown of what plagiarism is and how to avoid it.
• Purdue Online Writing Lab: Avoiding Plagiarism   This guide provided by Cornell offers an overview of what constitutes plagiarism, safe practices and exercises.
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Legal Research: An Overview: Introduction

• Introduction
• Secondary Sources
• Courts, Case Reporters & Publication of Cases
• Mandatory v. Persuasive Authority
• Caselaw Searching
• Validating Your Research
• Statutory Codes
• Searching in the Codes
• Regulations
• Search Techniques

Legal Research: Getting Started

• Before You Start
• Suggested Research Strategy
• Knowing When Your Research Is Done

Good research begins with knowing what it is you are researching. New attorneys often overlook the importance of their initial communications with those assigning them projects. In their zeal to impress their employers and to appear informed, new attorneys may draw their own assumptions about the objectives for the research, neglect to ask clarifying questions, or may even appear disinterested in the assignment. Good communication skills are vital to having a solid understanding of your assignments and that those giving you assignments know they can count on you. Keep these tips in mind when you get new assignments:

Clarify the nature and scope of the project . For assignments given to you via e-mail, read the e-mail thoroughly, and for assignments given to you during a meeting, listen carefully and take detailed notes. When you receive an assignment, ask questions to clarify the scope of the project and anything that is confusing. Your questions should include asking for recommendations for key sources to consult; clarifying the format that your work product should take (i.e. research memorandum, hard copies of relevant material, draft insert for document, etc.); and confirming the deadline for completion of the assignment.

Reiterate your understanding of the project . After you have been given an assignment, send a follow up e-mail confirming your understanding of the assignment, including the key issue(s) to be researched, the format your work product will take, and the deadline.  This provides a good roadmap for you of the project and also gives your supervisor the opportunity to clarify any additional details.

Maintain good communication throughout the process . As you work on the project, check in regularly to let your supervisor know of your progress, to confirm that you are on the right-track, and to get additional guidance. If you are unsure about the extent of communication your supervisor desires, consult with other attorneys who have successfully worked with your supervisor. 

Timely respond to e-mails . It is important to timely acknowledge e-mails that your receive, even if you cannot get to the substance of the e-mail right away. For example, if you are sent an e-mail asking for a bit of research, respond to the e-mail at your earliest opportunity to let the sender know that you received their e-mail and advise the sender of when they can expect to receive at least some preliminary work on the project.

Project confidence . As a new attorney, it is natural to feel overwhelmed and unsure of your abilities when given a new assignment. Do not let these feelings compromise your professionalism when communicating with your supervisor. Show enthusiasm for the project and ask appropriate questions about deadlines and suggestions for getting started. Should you feel confused or overwhelmed as you work on a project, identify what it is you need guidance on, such as help prioritizing research items or confirmation that you are researching in the right sources, and go to your supervisor with specific questions.

Your research strategy will vary depending on your legal issue and the nature of your project. While there is no one path that works for every research question, these steps are a useful starting point:

Determine the relevant jurisdiction . Before you begin your research, you need to determine which law is controlling for your issue. Is the issue governed by state or federal law? For state law questions, what state(s) law is at issue? For federal law questions, what are the relevant Circuit and District courts?

Identify the legal issue and determine keywords to describe the issue . It is common for those new to legal research to go directly to a search engine and start typing away, hoping to find an answer quickly. Taking some time to step back from the search engine and think through the issue to be researched will save you time in the long run, as it will make your searching more efficient and effective. Identify what area(s) of the law are implicated by your issue, what is the question to be researched, what topics are implicated by that question, are there sub-issues that should be considered? You may find it helpful to write out the question(s) that you are researching. Also, think through keywords that describe your issue that would be useful for generating good searches. For those keywords, think through synonyms that may be used in lieu of those words.

Begin your research by consulting a secondary source . Secondary sources offer guidance on legal topics and questions. They are a critical resource to help you get a "lay-of-the-land" regarding your issue and will identify statutes and leading cases to jump start your research.

Locate relevant statutes . If there is an on-point statute for your issue, look up that statute in an annotated code. Take note not just of the language of the specific statute but also review the rest of the "chapter" in which the statute appears to identify other related and relevant statutes. For each relevant statute, review the annotations for citations to cases and secondary sources.

Find relevant cases . If you have identified relevant cases by looking at secondary sources and/or annotated codes, review those cases. Use the on-point headnotes of each case to search for other relevant cases in your jurisdiction, and use the citator (Shepard's in Lexis, KeyCite in Westlaw, and BCite in Bloomberg) to identify cases that have cited to your cases. Also, do additional keyword type searches to find other relevant cases.

Confirm that your authority is still good law . Use a citator (Shepard's in Lexis, KeyCite in Westlaw, or BCite in Bloomberg) to confirm that your cases and statutes are still good law.

One of the trickiest research tasks is knowing when your research is completed. Legal analysis is nuanced, and thorough research involves looking at a number of sources and types of materials. Finding one on-point authority does not mean your research is complete. However, it also is simply not possible to run every conceivable search in every conceivable resource and review every conceivable search result. Good legal researchers find the sweet-spot between one-and-done and scorched-earth type research.

The following may signal that you have found a good spot to conclude your research:

Your searches keep turning up the same set of relevant authorities. If you are no longer finding relevant new sources, you have probably found the bulk of what is available.

You have searched in a variety of available sources (i.e. secondary sources, cases, etc.) and resources (Westlaw/Lexis/Bloomberg, government websites, other available resources).

You have searched using a variety of keywords.

You have searched using a variety of methods (using secondary sources to find primary authority, keyword searching, mining headnotes to explore Topics/Key Numbers, reviewing citing references, etc.).

For your most relevant search results, you have reviewed both the sources they cite and sources that cite to those materials.

Other Useful UCLA Legal Research Resources

Law Library Home Page . The Law Library home page provides access to a wide array of research resources and information.

Law Library Research Guides . The Law Library has prepared more than 80 research guides to assist UCLA Law students with their research needs. Guides of particular interest for law students include: Guide for First Year Law Students; Law School Study Aids; Mobile Applications for Law Students and Lawyers; and Career Planning, Job Search and More for Law Students.

How to Access UCLA Databases . This guide provides instructions for UCLA Law students on how to access UC, UCLA, and UCLA Law licensed databases remotely.

Law Library Digital Collection . The Digital Collection page provides links to commonly used legal databases.

UC Library Search . Use the Catalog to search for books and other library materials available at UCLA and the other UC libraries.

UCLA Library A-Z Databases List . The UCLA Library system provides access to non-legal databases and other research resources available at UCLA.

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• Last Updated: Feb 2, 2024 1:31 PM
• URL: https://libguides.law.ucla.edu/researchoverview

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Paper Writing for Seminars and Student Comments

Topic selection, preemption checking, research & note taking, writing & citation, turnitin & draft coach, getting published, how to pick a topic.

The first step to coming up with a claim is to identify a problem - new legal developments, conflicts in the law, gaps or errors in current scholarly understanding, or any other flaw or hole that you identify within the legal world as it stands. The next step is to propose a solution to that problem - your proposed solution then becomes your claim.

Ideas for a note topic can come from almost anywhere: newspapers, magazines, blogs, other journal articles or circuit splits. 

• news.google.com
• Lexis+ Legal News
• Westlaw Today 
• Bloomberg Law News

For circuit splits, identify an area of law or issue where courts have ruled differently and analyze an aspect of the issue or rulings.  In Lexis or Westlaw, search for caselaw referring to a circuit split by including a search string like "court or circuit /s split." Bloomberg Law compiles a monthly list of circuit splits available here (Bloomberg login required). 

Keep in mind that you may realize the need to broaden or narrow your topic during the writing process.

Topic Selection Resources

• Choosing a Topic for Seminar Papers and Journal Notes: Idea Generator (University of Michigan)
• Topic Selection (NYU Law)

What is Preemption Checking?

A preemption check is conducted to determine whether there is new law or a prior publication (whether by student author or expert) that renders an article moot.  Your treatment of the topic must be original.  Your issue can be preempted in two ways.

• Preemption by law  means that new case law, statutory or regulatory law has made your topic moot.   An in-depth and complete search in the case law, legislative, codes and regulations databases is a must to make sure your issue is not already addressed by law.
• Preemption by author  means that someone has already addressed the topic.  A thorough search must be conducted to determine if any publications or articles have already been written addressing your issue using the same reasoning.  We are focusing on specific arguments and claims, not just a broad treatment of a topic.

Cautionary Notes:

• Conduct a preemption check before spending time and energy writing and researching your topic. 
• The full text databases on Lexis and Westlaw are not necessarily full text!  Some law reviews and legal journals are not on Westlaw & Lexis.  Others are listed in the databases but not every article from every issue is included. Extend your search beyond Westlaw and Lexis.  Use a variety of databases and a variety of search techniques.
• Use the history features or keep a log of your steps as you work through the databases.  

Preemption Checking Steps

In Westlaw:  Search the following databases:

• Journals and Law Reviews (JLR)
• Texts & Periodicals – All Law Reviews, Texts & Bar Journals (TP-ALL)
• American Jurisprudence (AMJUR)  (I would also search CJS)
• American Law Reports (ALR)
• Index to Legal Periodicals (ILP)
• Legal Resource Index (LRI)
• Current Index to Legal Periodicals (CILP) – A categorized list of the newest articles just being published.
• General news databases – for recent articles about your topic.
• Check case law and legislation and to KeyCite any of your cases and legislation.  The KeyCite report includes secondary sources that cite your case and legislation.  This will lead you to material that discusses your cases or legislation.

In Lexis:  Search the following subject areas -

• Combined (LGLPUB) - The Legal Publications group consists of over 900 individual secondary sources including: Law Reviews, Bar Journals, ABA Journals, Legal Newspapers, Legal Newsletters, Specialty Legal Publications, and CLE Materials
• Legal Journals & Periodicals
• Legal Resource Index (LGLIND)
• Law Reviews by Area of Law
• General News Databases – for recent articles on your topic.
• Check case law, legislation and to Shepardize your case and legislation.  The Shepard's report includes secondary sources that cite your case and legislation.

Don't forget to check databases outside of Westlaw and Lexis like Google Scholar , Copley Databases (e.g. JSTOR), and prepublication databases such as BePress and SSRN . 

Other Guides for preemption checking

• Lexis's Getting Selected for Publication: Be sure your topic is original and well supported A short guide on using LexisNexis to conduct a preemption check.

Good seminar papers and student comments will combine a variety of primary sources as well as secondary scholarly resources like books, journal articles, and sometimes newspaper/magazine articles. 

• For books , use the LRC Catalog , Circuit (certain San Diego libraries), or Interlibrary Loan (most other libraries in the United States).  The reference librarians can help procure almost any book you need for your research needs at no cost to you .  
• For journal articles , start with Google Scholar or the journal and law review databases in Westlaw and Lexis .  If you are looking for a specific journal article where you know the citation, search the LRC catalog by journal title to see whether we have print or electronic access to that particular journal.  If you are still unable to locate a specific article you know exists, please contact the reference desk for assistance. 
• For newspaper/magazine articles , search the LRC catalog by newspaper/magazine title (e.g. Wall Street Journal), to determine whether we have print or electronic access to that particular newspaper/magazine.  If you are still unable to locate a specific article you know exists, please contact the reference desk for assistance. 

Ensure Proper Attribution with Good Note-Taking

If you cut & paste text from another source to look at later, immediately mark it as copied text & include the bibliographic data you’ll need for a citation.

Alternatively, if you’re taking notes from a source, distinguish your own ideas and analysis with some marking.

Save your notes and sources until you have finished writing your paper and received a final grade.

Double-­check your work against each source to make sure you have not accidentally plagiarized something.

Rules for Quoting

Whenever you copy anything, you must put quotation marks around it. Merely citing the source for the quote is not sufficient.

• Short quotations must conform to the syntax of the sentence in which you place them. Pay attention to tense and subject/verb agreement.
• An especially long quotation—50 or more words—should be set off by indenting the whole passage.
• Do not quote from or cite a source that you have not directly consulted.
• Citation should include a specific page reference.

Tips & Tricks

• Use quotations infrequently.
• Try paraphrasing.
• Never rely on a quote to make your argument for you.

Paraphrasing

To paraphrase is to restate the meaning of a segment of text using other words, either

• by expanding and clarifying, or,
• by summarizing the main point or points.

It's not enough to simply change a few words around, or replace words with synonyms!

• If you must borrow a unique word or phrase, enclose it in quotation marks.
• Always indicate whose ideas you are paraphrasing by providing a footnote reference (including a page reference).
• Sometimes it may also be appropriate to introduce your paraphrase with attribution. (According to Howard Gardner…).
• Make sure that you make it clear to the reader where your paraphrase begins and ends and where your own ideas or comments are included.
• Check your paraphrase against the source for accuracy, and modify phrases that match the original too closely.

There's an App for That!

Actually there are MANY apps for that. Two popular options are Evernote and Microsoft OneNote.

Or, search for note taking applications. See for example  https://www.lifewire.com/best-note-taking-apps-4136590 

Academic Legal Writing

• The #1 recommended textbook for helping students write and publish their articles
• Includes detailed instructions and templates. 
• Available in the LRC Reading Room at  KF250 .V65 2016
• A downloadable Word template is available here . 

• This book teaches law students how to write scholarly papers for seminars, law reviews, and law review competitions. There are chapters on footnote practice, plagiarism, law review editing, and publication.
• Available in the LRC Reading Room at  KF250 .F35 2005 . 

Paper Structure

Typical Outline of a Note (from NYU Law, the Writing Process ) 

• Introduction : The Introduction should include a description of the problem, a thesis statement, and a roadmap of the argument to follow.
• Part I : This section should be used to set forth the background information on which the later analysis in your Note will depend. It should be a general and broad review of the important issues relevant to your topic that educates your readers about everything they must know in order to understand your Note. When writing this section, be sure to use language that a reader who is not familiar with your Note topic can easily understand.
• Part II : This section should examine the major cases and statutes that your Note will be analyzing. It will contain the main portion of your analysis of how the law stands. For example, if your topic focuses on a circuit split, Part II is where you would explain the conflicting holdings and rationales. You may also choose to discuss what other commentators have said about your topic and these cases.
• Part III : This section is where you will contribute your own analysis of and views on the topic. You will say why you feel the cases/commentary you analyzed are wrong and what should be done instead. In the case of a circuit split, say which side is better and why. Part III is where you should place your original thoughts and contributions, along with the conclusion of your Note.
• Conclusion : The Conclusion should briefly restate what you have already said. You should not focus too much on this section when preparing this Prospectus.

Legal papers typically cite according the The Bluebook: A Uniform System of Citation, Twenty-First Edition .

Don't forget to use the index and tables at the back of the Bluebook if you are having trouble locating a specific example.

The LRC has print copies of the Bluebook available for checkout. 

Types of Plagiarism

It can be deliberate or accidental; partial or complete.

Plagiarism can include:

• Buying, stealing, or ghostwriting a paper.
• Using other people's ideas without proper citation .
• Improper use of quotes (e.g. improperly altering a quote or failing to use quotation marks).
• Paraphrasing an author too lightly.

Consequences of Plagiarism

Plagiarism violates USD’s Honor Code. Consequences of plagiarism can include:

• Failing grade
• Rescission of a degree, even after graduation.
• Barrier to admission to the bar.
• Degradation of a university’s reputation and diminishing the value of its degrees.

USD Honor Code

Access the full USD Honor Code here .

Each student is responsible for reading, understanding, and complying with this Honor Code and for reporting any violations of the Honor Code.

A violation (e.g. plagiarism) may be either an infraction or a serious violation.

Minor infractions may result in a reduction in grade, withdrawal from the course, retaking of the course, additional work for the course.  

Serious violations are handled by the Honor Code Hearing Committee and can result in expulsion, suspension, a letter of censure, the need for additional courses or credits, or other sanctions.

Examples, Practice, and Quizzes

Use these free online tutorials and quizzes to further hone your skills in identifying plagiarism:

• Indiana University, How to Recognize Plagiarism Compare passages side-by-side to identify plagiarism
• Harvard Law School, Plagiarism Quiz Quiz on the rules and consequences of plagiarism.
• CALI Lesson – Plagiarism – Keeping out of Trouble 45-minute interactive tutorial. Must have a CALI account.
• T.W. Frick et al., How to Recognize Plagiarism: Tutorial and Tests (2014)
• Ramona Islam, The Plagiarism Tutorial: The Plagiarism Court

Turnitin Originality is an originality-checking and plagiarism prevention service that integrates directly into Canvas assignments and will allow you to review a report that checks students' work for similarities in various databases. If enabled by your professor, you will see Turnitin Originality as part of your Canvas course page. 

In addition to TurnItIn Originality, students can use Draft Coach through Google Docs to submit drafts of papers to check for possible instances of plagiarism before they submit final drafts to their course instructors.  

Turnitin and Draft Coach are free to USD students. 

To use Draft Coach 

• Open your document in Google Docs. Please note that even if you have your original work saved as a Word document, you can upload it to Google Drive, and save as a Google Doc
• Select Extensions, Turnitin Draft Coach, and then Turnitin Draft Coach again from the top menu bar.
• The Draft Coach panel will appear on the right-hand side.
• You will be able to run a total of three Similarity Checks while drafting your assignment. We suggest using these strategically to get as much out of the reports as possible. 
• You will be able to run as many Citation Checks as you like while you draft your assignment. You can either wait until you have finished and make any suggested corrections at the same time, or you can run a few checks throughout your drafting process and do it in stages. 
• You will be able to run as many Grammar Guide checks as you like while you draft your assignment.

Similarity Check

Turnitin compares submitted drafts to its database of scholarly research (journal articles, student papers, and other internet sources) and returns a Similarity Report that highlights a percentage of matching text. 

Turnitin does not automatically detect plagiarism . It is up to the student to interpret the meaning of the Similarity Report.  

For help understanding your Similarity Report, please click here .

Citations check

The Citations Check is used to help you identify when your citations are missing references or when your references are missing citations. This check focuses on identifying matching pairs of citations and references that you include in your text. However it is only able to detect MLA and APA.  It will not work with Bluebook citations. 

Grammar Check

Grammar Guide searches your draft for any grammatical mistakes using US-English grammar rules. Any potential errors will be highlighted, categorized, and listed with suggestions on how they could be corrected.

Select  Show Details  to reveal a summary of your issues. The four Issue categories that Grammar Guide uses to search against:

Grammar  - The basic structure of language, in this case, US-English.

Mechanics  - Language rules regarding the use of punctuation, capitalization, and spacing.

Usage  - How and when to use words and their variations based on the context. Focuses more on the meaning of the word rather than the mechanics.

Structure  - The arrangement of words, phrases, and clauses to make up a sentence.

For help understanding your Grammar check click here . 

About the Legal Research Center

The law library exists to support the educational and scholarly activities of the USD law community. Click here for more information.

Reference Assistance

Phone: (619) 260-4612

Email:  [email protected]

Submission to Student-Edited Journals

This option is time-sensitive and the two submission seasons during the year are February to early April and August-October.  Submissions to student-edited journals is usually done through Scholastica .  For questions or help setting up an account with Scholastica contact the reference desk at [email protected] . 

After you set up an account, you'll have to select which journals you'd like to submit to. It can be difficult to narrow down your choices but in general you want to keep in mind the overall reputation of the journal and/or subject specialties. Washington & Lee has a reputable journal ranking system here:  https://managementtools4.wlu.edu/LawJournals/ . Just like applying to law schools, you want to submit to a range of journals including ones that you think you have a very good chance at getting and others that are more of a reach. For more information on publishing student work and a list of policies from 196 law reviews with respect to publishing student work, check out this article faculty at UMKC School of Law:  Submission of Law Student Articles for Publication .

Before embarking on your journey, read a USD student's perspective on getting published: Justin Shields '18,  How Can I Get Published? , Motions.

Writing Competitions

There are tons of writing competitions that run throughout the year.  Although writing competitions do have deadlines, there are no strict "seasons" like student-edited journals.  Check out lists of potential writing competitions here  https://abaforlawstudents.com/events/law-student-competitions/writing-competitions/  and here  https://www.sandiego.edu/law/current/writing-competitions.php .

Calls for Papers

A call for papers is an announcement by editors of a journal or organizers of a conference that they are seeking papers on a given theme.  Here are some up-to-date blogs that post calls for papers:  https://www.thefacultylounge.org/calls-for-papers/  and  http://www.legalscholarshipblog.com/category/type/calls-for-papers/ .

• Last Updated: Aug 21, 2024 3:21 PM
• URL: https://lawlibguides.sandiego.edu/paper-writing

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François hotman and the critique of gratian’s decree : from the investigation of early councils ( de statu primitivae ecclesiae , 1553) to the rewriting of europe’s legal history ( antitribonian , 1567).

1. Introduction

I have countless notes against canon law, in which I have laid bare, in part, the stupidity of the Roman Antichrist in his knowledge of civil law, in part, his deceits, fakery and incredible lies. I have compared the Greek Councils and the more recent Latin Councils with that hodgepodge of Gratian. There is no telling what great deceits I have found there, so that I have no doubt that the world will from now on be ashamed of having worshiped the foul menstrual flows of the Scarlet Whore for so long and so blindly, as if they were divine oracles. 2

2. The Reformation and the Councils

But whenever a decree of any council is brought forward, I should like men first of all diligently to ponder at what time it was held, on what issue, and with what intention, what sort of men were present; then to examine by the standard of Scripture what it dealt with—and to do this in such a way that the definition of the council may have its weight and be like a provisional judgement, yet not hinder the examination which I have mentioned.

The Ecclesiastical History ends with the first council, of Nicaea; the Tripartita and Theodoret with the third at Ephesus; and from then on we almost have to depend upon the pope and his histories, which are, for sound and obvious reasons, very difficult to believe.

3. Conciliar History in the 16th Century: A Catholic Affair

4. hotman’s de statu primitivae ecclesiae as a polemical and homiletical piece.

If we had to say as much as is necessary for men in whom there was enough honor and honesty left, the cause would have been discussed at length. But because we are dealing with a man who, it is quite clear, has been led to defend this cause not because of its excellence ( bonitate ), but by the hope of some benefice, we will not risk his complaining that we have confuted his subtleties and his cold and arid deceptions with uncertain and careless reasonings. 14

And yet we have not sought out all that [Rufus] has fraudulently and in bad faith fabricated: partly because we considered this example sufficient to conjecture the rest; partly because his volume is full of puerile and futile discourses, which we judged better left to our children to torment and treat miserably at school. God knows what good we have done the Church of Christ. We can affirm what he repeated in frequent sermons, that our clamor will not be heard except by those whose ears have been divinely opened. 19

5. Hotman and His Sources: The Case of Du Tillet

But what is this, Rufus? Are you still unfamiliar with the troubling and noble dispute of the legal experts de dividuis et individuis ? [Other questions recently debated by jurists are briefly mentioned]. Do you find yourself a visitor and a stranger in this place, which is hackneyed and widely known even for new recruits? 24

For as far as I am concerned, I can testify before God and mankind that, in the accusation brought against the Roman Pontiff, I behaved so honestly and with such integrity that, in truth, all the sycophants [of the Pope] at the same time could not find a single letter that I quoted for the purpose of slander. 26

6. Falsitas Gratiani in Conciliar History: Hotman and the Issue of Church Institutions

From then on [after the triumvirate], even though the Roman pontiffs kept almost endless territories under their power and authority, they always did their utmost to find some specious reason to invade the property of others. It seemed to them that there was nothing more convenient or expedient than to endeavor to restore to their former dignity the bishops of another province who had been dismissed from their priesthood. 29

My answer is this: even if this Council had been universal, yet at the Council which came immediately afterwards, a universal Council, all those things concerning the right of appeal to the Bishop of Rome were abrogated. What was this council? That of Carthage, at which 217 holy fathers were present […], including Saint Aurelian Augustine, bishop of Hippo.

The bishop of Rome had sent to this sacrosanct council [of Carthage] three trusted men, Faustinus, Philip and Asellus, with this mandate: that the council should take care to preserve the right which had been attributed to his see by the Synod of Nicaea, namely that appeals should be made to him from everywhere. The scribe Daniel was ordered to recite the mandate according to what was written. The whole of chapter five of the Council of Serdica, which the Bishop of Rome had fraudulently, criminally and deceitfully put in the place of the Council of Nicaea, was recited. All the bishops and archbishops who were then present denied ever having found this in the Synod of Nicaea. The copy of the Synod of Nicaea that was in their hands at the time was read aloud. Not a word about the right of appeal. It was decided to send trusted men to Constantinople, Alexandria and finally Rome, to bring other copies of the Synod of Nicaea […]. In the course of the year, they were brought, read aloud; not a hint of this privilege and this special right of the bishop of Rome. 36

What was the name of the man who sat in Rome while the laws of the council were being written down? Pope Celestine, as the Council’s epistle to the Roman pontiff shows, where it is also said that Boniface had died in the meantime. What is the point of all this? So that everyone can see the depraved and corrupt audacity not of Boniface alone, but of two Roman pontiffs, who caused a delay of almost a year and a half for the two hundred and seventeen fathers gathered at the Council of Carthage. 39

Therefore, I say that this sentence was introduced in a very perfidious way by Gratian, and that you made it disappear; and I also say this, that since overseas appeals are prevented for no other reason, as you also admitted earlier, than to repel the covetousness and greed of the Roman pontiffs, Gratian is confuted by the obvious crime of lying, because he added the exception which completely overturns the whole law. 43

As if, at the time of the apostles, the kingdom of Christ had spread so widely that they [= the apostles] had taken it upon themselves to appoint patriarchs those who would be at the same time in charge of many territories, whereas it is quite clear that more than a hundred years after the time of the apostles, Christians were not allowed to celebrate Mass unless they did so by night and in secret. 46

7. Conclusions: De statu primitivae Ecclesiae and Antitribonian

For seeing that among these books of Justinian’s and principally in his Novellae there were to be found a vast number of laws and ordinances concerning the subject of religion, its government, discipline and practice, together with the status of the Bishops or of the Clergy, to the point of regulating the pronunciation of the main words of the liturgy and the administration of the sacraments: the Popes of Rome who about three hundred years earlier had taken over the relevant right and government were not happy with this. Therefore, Pope Eugenius III charged a monk called Gratian of the order of St Benedict to make on the model and in imitation of Justinian’s Pandects a collection of certain passages collected and extracted partly from the Councils, partly from the writings of the Doctors of the Church, and in part also from the letters of certain Popes. Modifying the whole work to serve the magnification, growth and authority of the Roman see, he called his book the volume of Decreta which (as he himself testifies) he published in the year 1150. But subsequently there came along other Popes who (as was said in former times) added some others and made decretals, and little by little [produced] a body of Canon law to counterbalance Justinian’s civil law, in as much (so they say) as the laws of the Church ought to be of greater weight and authority than those of secular Princes. Following this, it is incredible how the study of Justinian’s books progressed.

Data Availability Statement

Acknowledgments, conflicts of interest.

• Alfsvåg, Knut. 2008. Notae ecclesiae in Luther’s Von den Konziliis und Kirchen. International Journal for the Study of the Christian Church 8: 33–42. [ Google Scholar ] [ CrossRef ]
• Amalou, Thierry. 2024. La Sorbonne entre en guerre de religion Autorité universitaire, censure et pouvoir royal en France (v. 1551-v. 1589) . Geneva: Droz. [ Google Scholar ]
• Backus, Irena. 1991. Calvin’s Judgement of Eusebius of Caesarea: An Analysis. The Sixteenth-Century Journal 22: 419–37. [ Google Scholar ] [ CrossRef ]
• Backus, Irena. 1995. Erasmus and the Spirituality of the Early Church. In Erasmus’ Vision of the Church . Edited by Hilmar M. Pabel. Kirksville: Sixteenth Century Journal Publishers, pp. 95–114. [ Google Scholar ]
• Backus, Irena. 2003. Historical Method and Confessionnal Identity in the Era of the Reformation (1378–1615) . Leiden and Boston: Brill. [ Google Scholar ] [ CrossRef ]
• Bastgen, Hubert. 1912. Das Capitulare Karls des Grossen über die Bilder oder die sogenannten Libri Carolini. Neues Archiv der Gesellschaft für ältere deutsche Geschichtskunde 37: 13–51. [ Google Scholar ]
• Baudouin, François. 1561. Responsio Christianorum jurisconsultorum ad Fr. Duareni Commentarios de Ministeriis Ecclesiae atque Beneficiis; et al.ias eius Declamationes . Strasbourg: Christianus Mylius. Available online: https://www.digitale-sammlungen.de/en/view/bsb10181149?page=,1 (accessed on 2 September 2024).
• Bernal Palacios, Arturo. 1988. Antonio Agustín y su ‘Recollecta in iure canonico’. Revista española del derecho canonico 45: 487–534. [ Google Scholar ] [ CrossRef ]
• Brown, Elizabeth A. R. 1995. Le greffe civil du Parlement de Paris au XVI e siècle. Jean du Tillet et les registres des plaidoiries. Bibliothèque de l’École des Chartes 153: 325–72. [ Google Scholar ] [ CrossRef ]
• Brown, Elizabeth A. R. 1998. The Trojan Origins of the French and the Brothers Jean du Tillet. In After Rome’s Fall. Narrators and Sources of Early Medieval History . Edited by Alexander Callander Murray. Toronto: University of Toronto Press, pp. 348–84. [ Google Scholar ] [ CrossRef ]
• Calvin, Jean. 1549. Admonitio Joannis Calvini adversus astrologiam, quam judiciariam vocant: Aliasque praeterea curiositates nonnullas, quae hodie per universum fere orbem grassantur. E Gallico in Latinum conversa . Translated by François Villiers [François Hotman]. Geneva: Jean Girard. Available online: https://www.digitale-sammlungen.de/en/view/bsb10160384?page=,1 (accessed on 2 September 2024).
• Calvin, Jean. 1961. Institutes of the Christian Religion . Edited by John T. McNeill. Translated by Ford Lewis Battles. 2 vols. London: S.C.M Press, Ltd. First published 1559. [ Google Scholar ]
• Campi, Emidio. 2018. The Council of Trent and the Magisterial Reformers. In The Council of Trent: Reform and Controversy in Europe and Beyond (1545–1700) . Edited by Wim François and Violet Soen. Göttingen: Vandenhoeck & Ruprecht, vol. 1, pp. 277–309. [ Google Scholar ] [ CrossRef ]
• Carpi-Mailly, Olivia. 1995. Jean Calvin et Louis du Tillet: Entre foi et amitié, un échange révélateur. In Calvin et ses contemporains. Actes du colloque de Paris, 1995 . Edited by Olivier Millet. Geneva: Droz, pp. 7–18. [ Google Scholar ]
• Coma Fort, José María. 2014. Codex Theodosianus. In Historia de un texto . Madrid: Universidad Carlos III de Madrid. Available online: http://hdl.handle.net/10016/19297 (accessed on 2 September 2024).
• Congars, Yves. 1960. La primauté des quatre premiers conciles œcuméniques. Origine, destin, sens et portée d’un thème traditionnel. In Le Concile et les conciles. Contribution à l’histoire de la vie conciliaire de l’Église. Chevetogne: Éditions de Chevetogne . Paris: Cerf, pp. 75–109. [ Google Scholar ]
• Crousaz, Karine. 2012. L’Académie de Lausanne entre Humanisme et Réforme (ca. 1537–1560) . Leiden and Boston: Brill. Available online: http://library.oapen.org/handle/20.500.12657/38127 (accessed on 2 September 2024).
• Crousaz, Karine. 2015. Pourquoi attendre un concile? Le réformateur Pierre Viret contre le concile de Trente. Schweizerische Zeitschrift für Religions- und Kulturgeschichte/Revue suisse d’histoire religieuse et culturelle/Rivista svizzera di storia religiosa e culturale 109: 137–57. [ Google Scholar ] [ CrossRef ]
• Dareste, Rodolphe. 1850. Essai sur François Hotman . Paris: Auguste Durand. [ Google Scholar ]
• Daussy, Hugues. 2006. La réception du concile de Trente par les protestants français. In Autour du Concile de Trente. Actes de la table ronde de Lyon (28 février 2003) . Edited by Marie Viallon. Saint-Étienne: Presses de l’Université de Saint-Étienne, pp. 117–31. [ Google Scholar ]
• Diu, Isabelle. 2014. Corpus patristique et éditions des Pères au début du XVI e siècle. De l’autorité patristique à la construction de la reference. In De l’autorité à la reference . Edited by Isabelle Diu and Raphaële Mouren. Paris: École Nationale des Chartes, pp. 55–70. [ Google Scholar ] [ CrossRef ]
• Du Tillet, Jean. 1540. Kanones tōn apostolōn kai tōn hagiōn synodōn. Apostolorum et sanctorum conciliorum decreta. Hinc sarcienda ecclesiae concordia . Paris: Conrad Néobar. Available online: https://www.digitale-sammlungen.de/en/view/bsb10199667 (accessed on 2 September 2024).
• Du Tillet, Jean. 1994. Jean du Tillet and the French Wars of Religion. Five Tracts, 1562–1569 . Edited by Elizabeth A. R. Brown. Binghamton: State University of New York at Binghamton. [ Google Scholar ]
• Erasmus, Desiderius. 2010. On the Mending of the Church. De sarcienda ecclesiae concordia. Translated and Annotated by Emily Kearns. In Collected Works of Erasmus . Edited by James K. McConica and Dominic Baker-Smith. Toronto: Toronto University Press, vol. 65, pp. 125–216. [ Google Scholar ] [ CrossRef ]
• Falkowski, Mateusz. 2023. The Limits of Philology: Antonio Agustín and Textual Criticism of Canon Law in Tridentine Europe. Renaissance Quarterly 76: 1340–88. [ Google Scholar ] [ CrossRef ]
• Ferrary, Jean-Louis. 2022. Les collections de textes juridiques antérieurs au corpus de Justinien, de Sichard à Schulting (XVIe-XVIIIe siècles). In L’Humanisme juridique. Aspects d’un phénomène intellectuel européen . Edited by Xavier Prévost and Luigi-Alberto Sanchi. Paris: Classiques Garnier, pp. 15–43. [ Google Scholar ] [ CrossRef ]
• Fournier, Paul, and Gabriel Le Bras. 1931. Histoire des collections canoniques en Occident depuis les Fausses Décrétales jusqu’au Décret de Gratien . Paris: Sirey, vol. 1. [ Google Scholar ]
• Franses, Desiderius. 1931. Petrus Crabbe (†1553/1554) en zijn Conciliorum collection . Collectanea Franciscana Neerlandica 2: 427–46. [ Google Scholar ]
• Fuhrmann, Horst. 1972–1974. Einfluss und Verbreitung der pseudoisidorischen Fälschungen. Von ihrem Auftauchen bis in die neuere Zeit . 3 vols. Stuttgart: Anton Hiersemann. [ Google Scholar ]
• Gabriel, Frédéric. 2009. L’usage gallican (1552–1771) de l’Afrique chrétienne tardo-antique: Les modalités de l’unité ecclésiale. Revue de l’histoire des Religions 226: 349–74. Available online: https://www.jstor.org/stable/23618237 (accessed on 2 September 2024). [ CrossRef ]
• Gabriel, Frédéric. 2011. De statu primitivae Ecclesiae: Histoire, chrétienté et réforme chez les civilistes de l’école de Bourges (Douaren, Bauduin, Hotman). In Bourges à la Renaissance, hommes de lettres, hommes de lois . Edited by Stéphan Geonget. Paris: Klincksieck, pp. 243–60. [ Google Scholar ]
• Gessner, Andreas. 1559–1560. Theologōn diaphorōn syngrammata palaia kai orthodoxa. Theologorum aliquot Graecorum veterum orthodoxorum libri Graeci et iidem Latinitate donati: Quorum plerique partim Latine, partim Graece antehac non sunt editi . Zurich: Andreas Gessner. [ Google Scholar ] [ CrossRef ]
• Gordon, Bruce. 2016. John Calvin’s Institutes of the Christian Religion A Biography . Princeton: Princeton University Press. [ Google Scholar ] [ CrossRef ]
• Hari, Robert. 1957. Les Placards de 1534. In Aspects de la propaganda religieuse . Geneva: Droz. [ Google Scholar ]
• Hartmann, Martina. 2002. Spätmittelalterliche und frühneuzeitliche Kritik an den pseudoisidorischen Dekretalen. Nikolaus von Kues und Heinrich Kalteisen als ‘Wahrheitszeugen’ bei Matthias Flacius Illyricus und den Magdeburger Centuriatoren. In Fortschrift durch Fälschungen? Ursprung, Gestalt und Wirkungen der pseudoisidorischen Fälschungen . Edited by Wilfried Hartmann and Gerhard Schmitz. Hanover: Hahnsche Buchhandlung, pp. 191–210. [ Google Scholar ]
• Honoré, Tony. 1978. Tribonian . London: Duckworth. [ Google Scholar ]
• Hotman, François. 1548. In Tractatum de actionibus ex libro Institutionum juris quarto . Lyons: Sébastien Gryphe. Available online: https://www.digitale-sammlungen.de/en/view/bsb10181433?page=,1 (accessed on 2 September 2024).
• Hotman, François. 1553. De statu primitivae Ecclesiae, eiusque sacerdotiis. De Patriarchis, Metropolitanis, Archiepiscopis, Primatibus, Primae sedis Episcopis, Chorepiscopis, Presbuteris, Diaconis, Hypodiaconis. De Pontificis Romani potestate atque amplitudine. De Religione populi Romani ex Numae instituto. Ad Remundum Rufum defensorem Pontificis Romani adversus Carolum Molinaeum jurisconsultum. Adjectus est Index, qui rerum capita commonstret . Geneva: Jean Crespin, Abbreviated as DSPE . Available online: https://www.digitale-sammlungen.de/en/view/bsb10206557?page=2,3 (accessed on 2 September 2024).
• Hotman, François. 1575a. Monitoriale adversus Italogalliam sive Antifrancogalliam Antonii Matharelli Alvernogeni . Geneva: Eustache Vignon. Available online: https://www.digitale-sammlungen.de/en/view/bsb00039322?page=,1 (accessed on 2 September 2024).
• Hotman, François. 1575b. Strigilis Papirii Massoni, sive Remediale charitativum contra rabiosam frenesim Papirii Massoni Iesuitae excucullati . S.l. [Geneva]: s. ed. [Eustache Vignon]. Available online: https://www.digitale-sammlungen.de/en/view/bsb10544210?page=,1 (accessed on 2 September 2024).
• Hotman, François. 1585. Brutum fulmen Papae Sixti V. adversus Henricum Serenissimum Regem Navarrae, et illustrissimum Henricum Borbonium, Principem Condaeum. Una cum protestatione multiplicis nullitatis . S.l. [Geneva?]: s. ed. Available online: https://www.digitale-sammlungen.de/en/view/bsb10449087?page=4,5 (accessed on 2 September 2024).
• Hotman, François. 2021. Antitribonian . Translated and Edited by Howell A. Lloyd. Leiden and Boston: Brill. First published 1603. [ Google Scholar ] [ CrossRef ]
• Hotman, François, and Jean Hotman. 1700. Francisci et Joannis Hotomanorum patris ac filii, et clarorum virorum ad eos Epistolae . Edited by Jan Wilhelm Meel. Amsterdam: George Gallet. Available online: https://www.digitale-sammlungen.de/en/view/bsb10352184?page=,1 (accessed on 2 September 2024).
• Hyver, Charles. 1874. Le doyen Pierre Grégoire de Toulouse et l’organisation de la Faculté de Droit à l’Université de Pont-à-Mousson . Pont-à-Mousson: Eugène Ory. [ Google Scholar ]
• Jammes, André, and Nicolas Barker. 2010. Jean de Gagny: A Bibliophile Re-Discovered. The Library 11: 145–72. [ Google Scholar ] [ CrossRef ]
• Joannou, Périclès-Pierre. 1962. Discipline générale antique (II e -IV e s.) . Grottaferrata: Tipographia Italo-Orientale S. Nilo, pt 1. vol. 1. [ Google Scholar ]
• Kelley, Donald R. 1970. Foundations of Modern Historical Scholarship. Language, Law, and History in the French Renaissance . New York and London: Columbia University Press. [ Google Scholar ]
• Kelley, Donald R. 1973. François Hotman. A Revolutionary’s Ordeal . Princeton: Princeton University Press. [ Google Scholar ] [ CrossRef ]
• Kelley, Donald R. 1988. Jurisconsultus perfectus : The Lawyer as Renaissance Man. Journal of the Warburg and Courtauld Institutes 51: 84–102. [ Google Scholar ] [ CrossRef ]
• Leveleux-Teixeira, Corinne. 2012. Une subversion douce: La déconstruction de l’autorité canonique chez Calvin. In Calvin. Naissance d’une pensée . Edited by Jacques Varet. Tours: Presses Universitaires François-Rabelais and Presses Universitaires de Rennes, pp. 91–106. [ Google Scholar ] [ CrossRef ]
• Luther, Martin. 1966. On the Councils and the Church. 1539. Translated by Charles M. Jacobs and Revised by Eric W. Gritsch. In Luther’s Works . Vol. 41: Church and Ministry III. Edited by Eric W. Gritsch. Philadelphia: Fortress Press, pp. 3–178. First published 1539. [ Google Scholar ]
• Martin, Annick. 1996. Athanase d’Alexandrie et l’Église d’Égypte au IVe siècle (328–373) . Rome: École française de Rome. Available online: https://www.persee.fr/doc/efr_0223-5099_1996_ths_216_1 (accessed on 2 September 2024).
• Matharel, Antoine. 1575. Ad Francisci Hotomani Franco-galliam Antonii Matharelli, Reginae Matris a rebus procurandis primarii, Responsio. In qua agitur de initio Regni Franciae, successione Regum, publicis negotiis, & politia, ex fide Annalium nostrorum, Germaniaeque, & aliarum gentium, Graecisque & Latinis Scriptoribus . Paris: Frédéric Morel. Available online: https://www.digitale-sammlungen.de/en/view/bsb10177517?page=4,5 (accessed on 2 September 2024).
• McSorley, Henry J. 1974. Erasmus and the Primacy of the Roman Pontiff: Between Conciliarism and Papalism. Archiv für Reformationsgeschichte 65: 37–54. [ Google Scholar ] [ CrossRef ]
• Menini, Romain. 2020. Tribonien le barbare: Des Autels après Rabelais. Réforme, Humanisme, Renaissance 91: 71–79. [ Google Scholar ] [ CrossRef ]
• Merlin, Jacques. 1524. Tomus primus Quatuor Conciliorum generalium. Quadraginta septem Conciliorum provincialium authenticorum. Decretorum sexaginta novem Pontificum ab apostolis et eorundem canonibus usque ad Zachariam primum, Ysidoro authore. Vol. 2: Secundus tomus Conciliorum generalium. Practica quinte Synodi Constantinopolitane. Sexta Synodus Constantinopolitana. Acta concilii Constantiensis. Decreta concilii Basiliensis. Approbatio actorum concilii Basilisiensis per Nicolaum Papam. Confirmatio constitutionum Frederici, et Karoline . 2 vols. Paris: Galliot du Pré, vol. 1, Available online: https://nbn-resolving.org/urn:nbn:de:gbv:ha33-1-151086 (accessed on 2 September 2024).
• Mesnard, Pierre. 1955. François Hotman (1524–1590) et le complexe de Tribonien. Bulletin de la Société de l’Histoire du Protestantisme Français 101: 117–37. Available online: https://www.jstor.org/stable/24290681 (accessed on 2 September 2024).
• Metz, René. 1954. La contribution de la France à l’étude du Décret de Gratien depuis le XVI e siècle jusqu’à nos jours. Studia Gratiana 2: 493–518. [ Google Scholar ]
• Michon, Cédric, and François Nawrocki. 2011. Les conseillers de François I er . Edited by Cédric Michon. Rennes: Presses Universitaires de Rennes, pp. 507–25. [ Google Scholar ] [ CrossRef ]
• Mühlmann, Sieghard. 1972. Luther und das Corpus Iuris Canonici. Ein forschungsgeschichtlicher Überblick. Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Kanonistische Abteilung 58: 235–305. [ Google Scholar ] [ CrossRef ]
• Noonan, John T., Jr. 1979. Gratian Slept Here: The Changing Identity of the Father of the Systematic Study of Canon Law. Traditio 35: 145–72. [ Google Scholar ] [ CrossRef ]
• Pasquier, Étienne. 1996. Les Recherches de la France . Edited by Marie-Madeleine Fragonard and François Roudaut. Paris: Honoré Champion, 3 vols. [ Google Scholar ]
• Payton, James R., Jr. 1993. Calvin and the Legitimation of Icons: His Treatment of the Seventh Ecumenical Council. Archiv für Reformationsgeschichte 84: 222–41. [ Google Scholar ] [ CrossRef ]
• Payton, James R., Jr. 1997. Calvin and the Libri Carolini . Sixteenth Century Journal 28: 467–80. [ Google Scholar ] [ CrossRef ]
• Pedrazza Gorlero, Cecilia. 2012. Ars interpretandi fra tradizione retorica e modernità giuridica: Note in margine al Iurisconsultus (1559) di François Hotman. Bollettino di Studi Latini 42: 649–68. Available online: http://digital.casalini.it/10.1400/198403 (accessed on 2 September 2024).
• Pincherle, Alberto. 1955. Graziano e Lutero. Studia Gratiana 3: 451–81. [ Google Scholar ]
• Pitkin, Barbara. 2010. Calvin, Theology, and History. Seminary Ridge Review 12: 1–16. [ Google Scholar ]
• Pitra, Jean-Baptiste. 1858. Des canons et des collections canoniques de l’Église grecque, d’après l’édition de M. G. A. Rhalli, Président de l’Aréopage . Paris: A. Durand. [ Google Scholar ]
• Popoff, Michel. 1996. Prosopographie des gens du Parlement de Paris (1266–1753). D’après les ms. Fr. 7553, 7554, 7555, 7555 bis conserves au Cabinet des manuscrits de la Bibliothèque nationale de France . Saint-Nazaire-le-Désert: Références. [ Google Scholar ]
• Prévost, Xavier. 2011. Mos Gallicus jura docendi . La réforme humaniste de la formation des juristes. Revue historique de droit français et étranger 89: 491–513. Available online: https://www.jstor.org/stable/43852658 (accessed on 2 September 2024).
• Quentin, Henri. 1900. Jean-Dominique Mansi et les grandes collections conciliaires. Étude d’histoire littéraire suivie d’une correspondance inédite de Baluze avec le cardinale Casanate et de lettres de Pierre Morin, Hardouin, Lupus, Mabillon et Montfaucon . Paris: Ernest Leroux. [ Google Scholar ]
• Renouard, Philippe. 1991. Imprimeurs et libraires parisiens du XVIe siècle . Paris: Service des Travaux historiques de la Ville de Paris, vol. 5. [ Google Scholar ]
• Reulos, Michel. 1954. Le Décret de Gratien chez les humanistes, les gallicans et les réformés français du XVI e siècle. Studia Gratiana 2: 677–96. [ Google Scholar ]
• Reulos, Michel. 1980. Les éléments du droit canonique dans les traités des libertés de l’Église gallicane de P. Pithou et J. du Tillet. Revue de droit canonique 30: 318–24. [ Google Scholar ]
• Robinson, Paul. 2019. Councils after Leipzig: Luther’s Interpretation of Nicaea from the Leipzig Disputation to On the Councils and the Church (1539). In Luther at Leipzig. Martin Luther, the Leipzig Debate, and the Sixteenth-Century Reformations . Edited by Mickey L. Mattox, Richard J. Serina, Jr. and Jonathan Mumme. Leiden and Boston: Brill, pp. 245–64. [ Google Scholar ] [ CrossRef ]
• Romier, Lucien. 1911. La crise gallicane de 1551. Revue historique 108: 225–50. Available online: https://www.jstor.org/stable/40946153 (accessed on 2 September 2024).
• Romier, Lucien. 1912. La crise gallicane de 1551. (Suite et fin). Revue historique 109: 27–55. Available online: https://www.jstor.org/stable/40943263 (accessed on 2 September 2024).
• Rufus, Remundus. 1553. In Molinaeum, pro Pontifice Maximo, Cardinalibus, Episcopis, totoque ordine sacro: Defensio. Cum probatione sacrae Theologiae Parisiensis facultatis, & consultissimae Juris canonicis . Paris: Poncet le Preux. Available online: https://www.digitale-sammlungen.de/en/view/bsb11296315?page=4,5 (accessed on 2 September 2024).
• Rufus, Remundus. 1555. Duplicatio in patronum Molinaei, pro Pontifice Maximo, Cardinalibus, Episcopis, totoque ordine sacro. Cum probatione sacrae Theologiae Parisiensis facultatis. Authore Remundo Rufo Jurium doctore & advocato in Parisiorum senatu . Paris: Poncet le Preux. Available online: https://hdl.handle.net/2027/ucm.5320300341 (accessed on 2 September 2024).
• Rummel, Erika. 2004. Desiderius Erasmus . London and New York: Continuum. [ Google Scholar ]
• Sanchi, Luigi-Alberto. 2006. Les Commentaires de la langue grecque de Guillaume Budé . Genève: Droz. [ Google Scholar ]
• Schmitz, Benoît. 2015. Le pouvoir du pape sur les royaumes: La controverse imprimée entre catholiques romains et catholiques gallicans à propos des bulles de 1585, 1589 et 1591. In Hétérodoxies croisées. Catholicismes pluriels entre France et Italie. XVIe-XVIIe siècles . Edited by Gigliola Fragnito and Alain Tallon. Rome: École française de Rome, pp. 217–37. [ Google Scholar ] [ CrossRef ]
• Schmoeckel, Matthias. 2020. Kanonisches Recht. Geschichte und Inhalt des Corpus iuris canonici . Ein Studienbuch . Munich: C. H. Beck. [ Google Scholar ]
• Sieben, Hermann Josef. 1988. Die katholische Konzilsidee von der Reformation bis zur Aufklärung . Paderborn, Munich, Vienne and Zurich: Ferdinand Schöningh. [ Google Scholar ]
• Sommar, Mary E. 2009. The Correctores Romani. Gratian’s Decretum and the Counter-Reformation Humanists . Zurich and Berlin: Lit. [ Google Scholar ]
• Spehr, Christoph. 2010. Luther und das Konzil. Zur Entwicklung eines zentralen Themas in der Reformationszeit . Tübingen: Mohr Siebeck. [ Google Scholar ]
• Tallon, Alain. 1997. La France et le Concile de Trente . Rome: École française de Rome. Available online: https://www.persee.fr/doc/befar_0257-4101_1997_mon_295_1 (accessed on 2 September 2024).
• Tallon, Alain. 2000. La fin d’un instrument de paix: Le concile général. In Paix des âmes, paix des armes. Actes du colloque international tenu au Château et à l’Université de Pau (Octobre 1998) . Edited by Paul Mironneau and Isabelle Pebay-Clottes. Paris: Imprimerie nationale, pp. 19–28. [ Google Scholar ]
• Tallon, Alain. 2002. Conscience nationale et sentiment religieux en France au XVI e siècle . Paris: Presses Universitaires de France. [ Google Scholar ]
• Thireau, Jean-Louis. 1980. Charles Dumoulin (1500–1566). Étude sur les sources, la méthode, les idées politiques et économiques d’un juriste de la Renaissance . Geneva: Droz. [ Google Scholar ]
• Thireau, Jean-Louis. 1985. L’enseignement du droit et ses méthodes au xvi e siècle. Continuité ou rupture? Revue d’Histoire des Facultés de Droit 2: 27–36. [ Google Scholar ]
• Thireau, Jean-Louis. 1999. L’alliance des lois romaines avec le droit français. In Droit romain, jus civile et droit français . Edited by Jacques Krynen. Toulouse: Presses de l’Université Toulouse-Capitole, pp. 347–74. [ Google Scholar ] [ CrossRef ]
• Troje, Hans-Erich. 1971. Graeca leguntur. Die Aneignung des byzantinischen Rechts und die Entstehung eines humanistischen Corpus iuris civilis in der Jurisprudenz des 16. Jahrhunderts . Cologne and Vienna: Böhlau Verlag. [ Google Scholar ]
• Turchetti, Mario. 1984. Concordia o tolleranza? François Bauduin (1520–1573) e i « Moyenneurs » . Geneva: Droz. [ Google Scholar ]
• Turchetti, Mario. 1991. Une question mal posée: Érasme et la tolérance. L’idée de sygkatabasis. Bibliothèque d’Humanisme et Renaissance 53: 379–95. Available online: https://www.jstor.org/stable/20679137 (accessed on 2 September 2024).
• Turner, Cuthbert H. 1905. Appendix V. Jean Du Tillet: A Neglected Scholar of the Sixteenth Century. In The Bodleian Manuscript of Jerome’s Version of the Chronicle of Eusebius. Reproduced in Collotype . Oxford: The Clarendon Press, pp. 48–63. [ Google Scholar ]
• Venard, Marc. 1981. Une réforme gallicane? Le projet de concile national de 1551. Revue d’histoire de l’Église de France 67: 201–25. [ Google Scholar ] [ CrossRef ]
• Vogel, Werner. 1960. Franz Hotmann und die Privatrechtswissenschaft seiner Zeit . Münster: Kramer. [ Google Scholar ]
• Wuyts, Antoine. 1951. Le 28 ème canon de Chalcédoine et le Fondement du Primat romain. Orientalia Christiana Periodica 17: 265–82. [ Google Scholar ]

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Martens, C. François Hotman and the Critique of Gratian’s Decree : From the Investigation of Early Councils ( De statu primitivae Ecclesiae , 1553) to the Rewriting of Europe’s Legal History ( Antitribonian , 1567). Religions 2024 , 15 , 1187. https://doi.org/10.3390/rel15101187

Martens C. François Hotman and the Critique of Gratian’s Decree : From the Investigation of Early Councils ( De statu primitivae Ecclesiae , 1553) to the Rewriting of Europe’s Legal History ( Antitribonian , 1567). Religions . 2024; 15(10):1187. https://doi.org/10.3390/rel15101187

Martens, Christian. 2024. "François Hotman and the Critique of Gratian’s Decree : From the Investigation of Early Councils ( De statu primitivae Ecclesiae , 1553) to the Rewriting of Europe’s Legal History ( Antitribonian , 1567)" Religions 15, no. 10: 1187. https://doi.org/10.3390/rel15101187

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