“Research Tips from an Old School Librarian” — the Restatements

Many law students think of the Restatements of the Law as nothing more than the brief excerpts included in their case books. This week, in his special column, “Research Tips from an Old School Librarian,” research librarian John Shafer will show you why you may want to dig deeper into the Restatements.

What are the Restatements?

The Restatements of Law, published by the American Law Institute (ALI), are a valuable resource for law students, legal professionals, and scholars alike. These authoritative and influential legal treatises aim to clarify, simplify, and modernize various areas of common law in the United States.

By distilling and restating the general principles and rules derived from case law, statutes, and legal scholarship, the Restatements provide a clear and comprehensive summary of the current state of the law. They serve as a reference for judges, lawyers, scholars, and legislators, guiding courts in areas where the law may be ambiguous or inconsistent. Although not legally binding, the Restatements often act as persuasive authority in judicial decision-making, shaping the development and evolution of the law.

The Restatements, along with their accompanying examples, illustrations, and annotations, are invaluable tools for law professors and students. Professors often draw from the examples and illustrations to create the hypotheticals they use in lectures and examinations, designing engaging and challenging problems that test students’ comprehension of legal concepts and principles. You, as a student, on the other hand, can employ these examples and illustrations to prepare for exams, enhance readiness for being called on in class, and deepen your understanding of the Restatements.

The annotations that accompany the Restatements are also helpful for locating case law that cites specific Restatement sections. By examining these annotations, you can identify relevant legal authority to support your arguments and enrich your research, as well as observe the practical impacts the Restatements have on the development and evolution of the law.

Accessing the Restatements:

In Print: The Zief Law Library has a fairly complete collection of the Restatements in print. They are located behind the Circulation and Reserve Desk and can be checked out for use in the library. The Ignacio library catalog shows a list of our current Restatement holdings:

Online: The full text of the Restatements is not freely available on the internet due to copyright restrictions. However, you can access the complete Restatements through legal research platforms, such as Westlaw, LexisNexis, HeinOnline, and Bloomberg Law (BL has a subset of all the Restatements available). Links to each of those services appear below — you will need to use your personal academic password or identify yourself as a USF Law student in order to use them:

In conclusion, the Restatements of Law are a valuable resource for law students seeking to strengthen their understanding of common law principles. By examining the Restatements and their accompanying examples, illustrations, and annotations, you can develop problem-solving skills, boost your confidence in class, excel in exams, and better prepare for your future legal career.

“Research Tips from an Old School Librarian” – Researching Model Laws

By now you’re likely familiar with model laws, like the Model Penal Code or the UCC, but what do you do if you need to research a model law? This week, in his special column, “Research Tips from an Old School Librarian,” research librarian John Shafer introduces us to the National Conference of Commissioners on Uniform State Laws and the Uniform Laws Annotated and why you might consider using them in your research.

The National Conference of Commissioners on Uniform State Laws (NCCUSL), a non-partisan non-profit organization, is one of the most successful efforts to update, harmonize promote uniformity of the law through the creation of a wide-ranging body of model laws. Founded in 1892, NCCUSL works with legal experts, industry representatives, and other stakeholders to develop these model laws, designed to address emerging legal issues and promote the efficiency and fairness of the legal system.

The NCCUSL developed many model laws, including the Uniform Commercial Code (UCC), the Uniform Probate Code (UPC), and the Uniform Trust Code (UTC), among others. Many states, including California, adopted these model laws in whole or in part. You’re likely familiar with these model codes, since they are frequently referred to in law school classes and casebooks today.

While you can learn a lot about many different model laws through the NCCUSL, all serious researchers should also know about another important resource for model laws – the Uniform Laws Annotated (ULA). The ULA is published by Thomson West and is available in Zief (in print) and on Westlaw. The ULA offers several research features in both the print and digital versions, including:

  1. Full text of model laws: The ULA contains the complete text of model laws, including the UCC, the Uniform Business Organizations Code, the UPC, the Model Penal Code, and others, along with any revisions or amendments made over time.
  2. Annotations: The ULA includes detailed annotations explaining each provision’s purpose, history, and interpretation through official and editorial comments. The annotations also include references to relevant cases and other authorities that interpreted or applied the model law.
  3. Comparative analysis: The ULA provides a comparative analysis of model laws, showing comparisons across the United States.
  4. Cross-references: The ULA includes cross-references to other model laws, to relevant U.S. Code sections, and to other sources of law.

However, missing from the ULA’s digital Westlaw version are the extensive indexes included in the print version. If you’re instead using Lexis+ for your research, you’ll find the ULCLAW – Uniform Law Commission Model Acts, but it lacks much of the content and many of the features found in the ULA.

So, if your research involves one of the many Uniform or Model Laws, you might want to consider using one of these model law resources.

“Research Tips from an Old School Librarian – Words and Phrases”

Need to find case law that helps define a certain word or phrase? Luckily there’s a resource designed to help with just that! This week, in his special column, “Research Tips from an Old School Librarian,” research librarian John Shafer introduces us to this invaluable resource, how to use it, and how to access it.

One of the very useful classic research tools is a multi-volume set titled Words and Phrases, by Thomson West. First published in 1940, it has been the go-to source for judicial definitions of words and phrases, from multiple jurisdictions, drawing on cases from 1658 to the present. And these aren’t exclusively legal words or phrases, the set includes cases that provide judicial definitions of words such as “time” and phrases such as “happy camper“.

You can use the search bar, as shown here, to input words and phrases and find helpful judicial definitions.

Even though the set Words and Phrases is still in print and kept up to date by West editors, today, you can also find it on Westlaw, included under Secondary Sources in the “Tools & Resources” panel (pictured below). Alternatively, you can type in “Words and Phrases” into the search bar to be taken directly to the content page. Even more directly, you  can search words and phrases by using a special field search. For example, if you go to California State & Federal Cases and enter into the search box WP(“yellow-dog contract”), you will find a California Supreme Court case that you can cite that defines exactly what such a contract is. Any terms included in parenthesis after the letters “WP” will search for your terms in the words and phrases field.

In Westlaw’s “Secondary Sources” database, you can find “Words & Phrases” under the additional Tools & Resources on the right side.

While the Zief Law Library no longer has the print version of Words and Phrases available for browsing, you can still access this great resource and same information through Westlaw today. Try it out!