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Research to Write Scholarly Legal or Interdisciplinary Papers

Use this guide to help with the research process for seminar papers or to write an article for publication in a scholarly journal. This guide is inspired by the similarly named one produced by Caitlin Hunter and the Law Librarians at UCLA Law School

Find Primary Law 

Always use your available research databases, or U.S. government websites to find primary law, to ensure that you have the most up-to-date version of the law.

Case Law

Statutes

Regulations

Promulgated by agencies.

Constitutions

Tribal Law and Federal Indian Law and Native Hawaiian Law Research United States

Tribal Law
Cases

Tribal Codes and Constitutions

Federal Indian Law

Cases

Since you can't browse in Lexis, Westlaw or Bloomberg Law for Federal Indian Law cases, you will need to use finding tools to see what is being litigated in this field. There are several ways to do this. You can:

  • look at the footnotes in your secondary sources (Books, articles, entries in legal encyclopedia and legal dictionaries and research guides). The American Law Reports is a series, available on Westlaw that provides an annotated bibliography of cases on specific topics. Below is a link to a relevant search.
  • use KeyNumbers, Headnotes, a Digest, or collections of cases.  A link to a search in the UC Law SF Catalog for digests of American Indian law is provided below. When you find one good case, you can use KeyCiting and Shepardizing to find other related cases.
  • run a Web search or use Justia Lawyers to find lawyers or law firms that specialize in Federal Indian Law and then use litigation analytics to generate a list of cases (and data about the cases) have been these firms or lawyers. Law firms will also often publish on their websites about their recent cases, so their websites are a good place to find relevant recent cases.

Legal Encyclopedia (as finding tools for primary law)

Headnotes, Digests & Collections of Cases

Directory of Lawyers/Law Firms

Law Firm Websites

Litigation Analytics

Federal Statutes

Federal Regulations

Executive Orders

Research Guides

Find U.S. Treaties by Topic in full-text databases

You can often use an advanced search page to find the treaty by citation

Find Bilateral and Multilateral Treaties between the US and other countries.
Use this U.S. Government database if you only know the topic of your treaty or have some of the treaty language. You can run a key word search.
Or use these subscription databases. You can browse or run key word searches in these databases to find treaties where the U.S. is a party. You can search for topics, or for specific treaty language.
United States Statutes at Large

In addition to these searchable full-text U.S. treaty sources within Lexis and Westlaw there are also topic specific sources.

Find U.S. Treaties with Sovereign Tribal Nations 

For Treaties between the U.S. and Tribal Governments, see:

CALI Lesson

 

Analysis of Native American Treaties
Select bibliography of Books about Treaties Between the United States and Sovereign Tribes.