Advanced Legal Research Advanced Legal Research in a Practice-Oriented in a Practice-Oriented

CurriculumCurriculum

Matthew C. CordonMatthew C. Cordon

Reference Librarian & Associate Professor of Reference Librarian & Associate Professor of LawLaw

Baylor Law SchoolBaylor Law School

BackgroundBackground

Baylor was one of the last law Baylor was one of the last law schools to introduce Advanced Legal schools to introduce Advanced Legal Research into its curriculum in 2000.Research into its curriculum in 2000.

Approved in September 2000.Approved in September 2000. Course content influenced by existing Course content influenced by existing

publications about advanced legal publications about advanced legal research.research.

First class was taught in Spring 2001.First class was taught in Spring 2001.

Unique ChallengesUnique Challenges

Quarter System: 12-week terms instead Quarter System: 12-week terms instead of 15-week terms.of 15-week terms.

Separate Entering Classes: Students Separate Entering Classes: Students enter in the fall, spring, and summer enter in the fall, spring, and summer quarters. quarters.

High percentage of required courses in High percentage of required courses in the students’ second and third years.the students’ second and third years.

The big challenge: How do we make The big challenge: How do we make ALR a meaningful part of the upper-ALR a meaningful part of the upper-level curriculum?level curriculum?

What is a Practice-Oriented What is a Practice-Oriented Curriculum?Curriculum?

Focus: Teaching doctrine and skills as they Focus: Teaching doctrine and skills as they pertain to what a lawyer needs to know pertain to what a lawyer needs to know and be able to do.and be able to do.

Little distinction between “skills” classes Little distinction between “skills” classes and “doctrinal” classes; traditional and “doctrinal” classes; traditional doctrinal classes often incorporate aspects doctrinal classes often incorporate aspects of traditional skills courses.of traditional skills courses.

Likewise, little or no distinction between Likewise, little or no distinction between faculty teaching doctrinal classes and faculty teaching doctrinal classes and faculty teaching skills courses.faculty teaching skills courses.

Specific Components of the Specific Components of the Curriculum Relevant to ALRCurriculum Relevant to ALR

Traditional first-year classes.Traditional first-year classes. Legislation, Administrative Power and Legislation, Administrative Power and

Procedure (LAPP): Required first-year Procedure (LAPP): Required first-year course.course.

Second-Year Course Requirements: Second-Year Course Requirements: Federal income tax; business Federal income tax; business organizations; trusts and estates; organizations; trusts and estates; constitutional law; and consumer constitutional law; and consumer law.law.

Practice Court, Evidence, Practice Court, Evidence, Professional ResponsibilityProfessional Responsibility

Practice Court: the bedrock of the program Practice Court: the bedrock of the program since 1922.since 1922.

Practice Court is an intense, two-quarter (six Practice Court is an intense, two-quarter (six months) program; students also months) program; students also concurrently take a five-hour course in concurrently take a five-hour course in evidence and a two-hour course in evidence and a two-hour course in professional responsibility.professional responsibility.

Practice Court trains students in every stage Practice Court trains students in every stage of a trial, including preparation of pleadings, of a trial, including preparation of pleadings, arguing motions, conducting discovery, arguing motions, conducting discovery, selecting juries, examining witnesses, and selecting juries, examining witnesses, and persuading juries.persuading juries.

Legal Analysis, Research & Legal Analysis, Research & Communication (LARC)Communication (LARC)

First-year legal research and writing First-year legal research and writing program.program.

Sequential instruction:Sequential instruction: LARC I: Introduction to legal analysis LARC I: Introduction to legal analysis

and writing.and writing. LARC II: Introduction to legal research LARC II: Introduction to legal research

and citation.and citation. LARC III: Brief writing and appellate LARC III: Brief writing and appellate

advocacy.advocacy.

LARC IILARC II

Separate course focusing on basic legal Separate course focusing on basic legal research, with an emphasis on Texas-research, with an emphasis on Texas-specific resources.specific resources.

Emphasis on the nature of various types of Emphasis on the nature of various types of legal authority.legal authority.

Citation instruction.Citation instruction. Students complete research assignments, Students complete research assignments,

a final exam, and a project requiring a final exam, and a project requiring students to draft a memorandum in students to draft a memorandum in support of a motion.support of a motion.

Competence in Legal ResearchCompetence in Legal Research

Potential SourcesPotential Sources:: Various articles.Various articles. MacCrate Report: Narrow the gap MacCrate Report: Narrow the gap

between what law schools teach and between what law schools teach and what attorneys actually practice.what attorneys actually practice.

AALL Research Instruction Caucus: AALL Research Instruction Caucus: Core Legal Research Competencies.Core Legal Research Competencies.

Core CompetenciesCore Competencies

116-page Document, Released by AALL 116-page Document, Released by AALL Research Instruction Caucus in 1997.Research Instruction Caucus in 1997.

Five main skills identified: Caselaw; Five main skills identified: Caselaw; Statutes; Administrative Materials; Statutes; Administrative Materials; Procedural and Ethical Rules; and Non-Procedural and Ethical Rules; and Non-Official Expositions of Legal Rules.Official Expositions of Legal Rules.

Probably represents the best description Probably represents the best description of advanced legal research skills.of advanced legal research skills.

Development of ALR: Development of ALR: The Easy PartThe Easy Part

Review of existing materials (articles, Review of existing materials (articles, syllabi, etc.).syllabi, etc.).

““Best of” approach.Best of” approach. Focus on the types of authorities Focus on the types of authorities

(caselaw, statutes, etc.).(caselaw, statutes, etc.). Focus on specialized topics in legal Focus on specialized topics in legal

research.research.

Development of ALR: Development of ALR: The Not-So-Easy PartThe Not-So-Easy Part

Two-hour elective, competing with other Two-hour elective, competing with other electives in a very limited “marketplace.”electives in a very limited “marketplace.”

Depth of the course in one quarter must Depth of the course in one quarter must equal depth of a similar course in one equal depth of a similar course in one semester.semester.

Students have different levels of experience Students have different levels of experience (especially pre-P.C. and post-P.C. students).(especially pre-P.C. and post-P.C. students).

Class must be rigorous, “truly advanced,” Class must be rigorous, “truly advanced,” and entirely practical.and entirely practical.

Goal: Course must be a meaningful part of Goal: Course must be a meaningful part of the law school’s upper-level curriculum.the law school’s upper-level curriculum.

General Components of ALRGeneral Components of ALR

As explained to students:As explained to students:1. The course builds 1. The course builds familiarityfamiliarity with a with a

broad range of legal resources.broad range of legal resources.2.2. Course requirements include a certain Course requirements include a certain

amount of amount of repetitionrepetition..3. Legal research problems in the course are 3. Legal research problems in the course are

appropriately appropriately rigorous rigorous and and challengingchallenging..4. Students are encouraged to work 4. Students are encouraged to work

diligently diligently in completing research in completing research problems while remaining problems while remaining patientpatient in doing in doing so.so.

Components of ALR: Components of ALR: Instruction in Types of ResourcesInstruction in Types of Resources

Introductory Assignment: Drafting a memo Introductory Assignment: Drafting a memo based on previous LARC II project.based on previous LARC II project.

Secondary sources: 2 classes, 2 Secondary sources: 2 classes, 2 assignments.assignments.

Legislative research: 3 classes, 3 Legislative research: 3 classes, 3 assignments.assignments.

Caselaw, procedural rules, etc.: 2 classes, 2 Caselaw, procedural rules, etc.: 2 classes, 2 assignments.assignments.

Administrative research: 2 classes, 1 Administrative research: 2 classes, 1 assignment.assignment.

Components of ALR: Components of ALR: Instruction in Specialized Legal ResearchInstruction in Specialized Legal Research

Tax ResearchTax Research Securities ResearchSecurities Research Intellectual Property ResearchIntellectual Property Research Business and Commercial Law Business and Commercial Law

ResearchResearch Probate & Estate PlanningProbate & Estate Planning Family LawFamily Law Criminal Law and Procedure, Criminal Law and Procedure,

Evidence, Trial Advocacy, etc.Evidence, Trial Advocacy, etc.

Other ComponentsOther Components

Research logs: Every assignment.Research logs: Every assignment. Billing statements: Every assignment.Billing statements: Every assignment. Course Project:Course Project:

Part 1: Students draft a motion, complete Part 1: Students draft a motion, complete with appropriate factual documentation, with appropriate factual documentation, based on a problem of their own creation.based on a problem of their own creation.

Part 2: Students prepare a response to Part 2: Students prepare a response to another student’s motion.another student’s motion.

Development of Research Skills Development of Research Skills within the Curriculumwithin the Curriculum

Civil ProcedureCivil Procedure LARC IILARC II LARC IIILARC III LAPPLAPP Second-Year Courses (Tax, Business Second-Year Courses (Tax, Business

Organizations, Trusts and Estates)Organizations, Trusts and Estates) ALRALR P.C.P.C. EvidenceEvidence Professional ResponsibilityProfessional Responsibility

How ALR Benefits from the ProgramHow ALR Benefits from the Program

Communication with other faculty.Communication with other faculty. Emphasis on sequential instruction Emphasis on sequential instruction

(e.g., sequence from LARC I to LARC (e.g., sequence from LARC I to LARC II to LARC III; sequence from Civil II to LARC III; sequence from Civil Procedure to Practice Court).Procedure to Practice Court).

Rigor and difficulty is an expectation Rigor and difficulty is an expectation ((butbut this expectation certainly has this expectation certainly has its limits).its limits).

Misc. InformationMisc. Information

Course is offered each fall and spring Course is offered each fall and spring quarter.quarter.

Average class size is 37 students per Average class size is 37 students per quarter (high of 62; low of 19)quarter (high of 62; low of 19)

Overall average enrollment is about Overall average enrollment is about 425.425.

Instructor evaluations and other Instructor evaluations and other anecdotal evidence: Beneficial class; anecdotal evidence: Beneficial class; too much work for a two-hour class; too much work for a two-hour class; more difficult than students expected.more difficult than students expected.

SuggestionsSuggestions

Know the curriculum and mission of the Know the curriculum and mission of the curriculum as a whole.curriculum as a whole.

Effectively integrate first-year legal Effectively integrate first-year legal research with legal analysis and writing.research with legal analysis and writing.

Effectively integrate first-year and upper-Effectively integrate first-year and upper-level research courses.level research courses.

Integrate content from procedural and Integrate content from procedural and administrative law courses.administrative law courses.

Contextual instruction through specialized Contextual instruction through specialized research.research.

VanityVanity

Beyond Mere Competency: Advanced Beyond Mere Competency: Advanced Legal Research in a Practice-Oriented Legal Research in a Practice-Oriented CurriculumCurriculum, 55 Baylor L. Rev. 1 , 55 Baylor L. Rev. 1 (2003).(2003).