Secondary Sources

Why Start with Secondary Sources

Secondary sources are materials that describe, explain, analyze, or critique the law. Unlike primary sources (cases, statutes, regulations), secondary sources do not create binding legal authority. Yet experienced legal researchers almost always begin with secondary sources, and for good reason.

Starting with secondary sources provides several critical advantages:

• Context and framework — Secondary sources explain how different legal rules relate to each other and provide the conceptual framework you need to understand the issues
• Legal vocabulary — You will learn the terms of art that courts and lawyers use, which dramatically improves your primary source searches
• Key authorities — Good secondary sources cite the leading cases and statutes, giving you a roadmap to the most important primary authorities
• Efficiency — Rather than piecing together the law from dozens of cases, you can read a synthesized explanation that took experts years to compile
• Minority and majority positions — Secondary sources often identify jurisdictional splits and explain which view is more widely followed

Legal Encyclopedias

Legal encyclopedias provide broad, general overviews of virtually every legal topic. They are organized alphabetically by subject and written for a general legal audience. Think of them as your first stop when you know nothing about an area of law.

National Encyclopedias

Two major national legal encyclopedias cover American law:

American Jurisprudence, Second Edition (Am. Jur. 2d)

• Published by West (available on Westlaw)
• Organized into over 400 topics
• Provides general statements of the law with extensive footnotes
• Tends to focus on the majority rule across jurisdictions
• Good starting point for understanding basic principles

Corpus Juris Secundum (C.J.S.)

• Also published by West (available on Westlaw)
• More comprehensive case citations than Am. Jur. 2d
• Attempts to cite every relevant case, not just representative ones
• Integrated with West's Key Number System
• Useful when you need to find cases from specific jurisdictions

State Encyclopedias

Many states have their own legal encyclopedias that focus specifically on that state's law. These are invaluable when you know your issue is governed by state law and you need state-specific analysis.

Examples include:

• California Jurisprudence 3d (Cal. Jur. 3d)
• Texas Jurisprudence 3d (Tex. Jur. 3d)
• New York Jurisprudence 2d (N.Y. Jur. 2d)
• Florida Jurisprudence 2d (Fla. Jur. 2d)

When to Use Legal Encyclopedias

• When you are completely unfamiliar with an area of law
• When you need a quick overview before diving deeper
• When you need to identify the key legal terms for further searching
• When you want to find cases from multiple jurisdictions on a general topic

Treatises

Treatises are scholarly works that provide in-depth analysis of specific areas of law. They range from single-volume works by a single author to massive multi-volume sets updated by teams of experts. Treatises are the workhorses of legal research—they provide the detailed analysis that encyclopedias lack.

Single-Author Treatises

Single-author (or small team) treatises reflect the author's expertise and perspective. The best ones become so authoritative that courts cite them directly. Examples include:

• Prosser and Keeton on Torts — The definitive torts treatise, frequently cited by courts
• Corbin on Contracts — Comprehensive contracts analysis
• Wigmore on Evidence — Classic evidence treatise
• Tribe, American Constitutional Law — Leading constitutional law treatise
• Wright & Miller, Federal Practice and Procedure — Essential for federal civil procedure

These authoritative treatises carry persuasive weight because courts respect their authors' expertise and scholarly rigor.

Multi-Volume Treatises

Multi-volume treatises provide exhaustive coverage of broad practice areas. They are regularly updated (often with annual supplements or looseleaf inserts) and are designed for practitioners who need comprehensive, current information.

• Collier on Bankruptcy — The leading bankruptcy treatise
• Moore's Federal Practice — Comprehensive federal procedure coverage
• Nimmer on Copyright — Definitive copyright law resource
• McCarthy on Trademarks and Unfair Competition — The trademark bible
• Chisum on Patents — Leading patent law treatise

Finding Treatises

To find relevant treatises:

1. Ask your research librarian — They know which treatises are most respected in each area
2. Check platform secondary source directories — Westlaw and Lexis both organize treatises by practice area
3. Look at what courts cite — If courts regularly cite a treatise, it is worth consulting
4. Review course syllabi — Professors often assign leading treatises

Practice Guides

Practice guides are designed for attorneys who need practical, how-to guidance for handling specific types of matters. Unlike scholarly treatises, practice guides focus on what to do rather than the theoretical underpinnings of the law. They often include forms, checklists, timelines, and strategic advice.

Major Practice Guide Publishers

Practical Law (Thomson Reuters/Westlaw)

• Transaction-focused guidance with extensive templates
• Practice notes explaining how to handle common matters
• Standard documents with detailed drafting notes
• Checklists for due diligence and compliance
• Particularly strong for corporate and commercial work

Practising Law Institute (PLI)

• Materials from continuing legal education programs
• Course handbooks on specialized topics
• Written by practitioners actively working in the field
• Available on various platforms including PLI Plus

Bloomberg Law Practice Centers

• Organized by practice area
• Combines practical guidance with primary law
• Includes Bloomberg Intelligence analysis
• Strong in transactional and corporate areas

LexisNexis Practice Guides

• State-specific practice guides for many jurisdictions
• Procedure-focused guidance
• Forms and checklists

When to Use Practice Guides

• When you need to know the practical steps for handling a matter
• When you need forms or templates as starting points
• When you want to understand how experienced attorneys approach a problem
• When you need checklists to ensure you do not miss important steps
• When time pressure requires efficient, practitioner-oriented guidance

ALR Annotations

American Law Reports (ALR) annotations are unique secondary sources that provide comprehensive analysis of specific, narrow legal issues. Each annotation collects and analyzes virtually every case that addresses a particular question, organized by jurisdiction and how the courts ruled.

How ALR Works

An ALR annotation consists of:

• A leading case — The annotation is keyed to a case that presents the issue
• An extensive annotation — A thorough analysis of how courts across jurisdictions have addressed the issue
• Case digests — Summaries of relevant cases organized by how they ruled
• Jurisdictional breakdowns — Analysis of majority vs. minority positions

ALR is published in several series:

• ALR (first series) — 1919-1948
• ALR 2d — 1948-1965
• ALR 3d — 1965-1980
• ALR 4th — 1980-1991
• ALR 5th — 1992-2005
• ALR 6th — 2005-present
• ALR Federal — Federal issues (3 series)

When to Use ALR

ALR is particularly valuable when:

• You have a specific, well-defined legal question
• You need to know how different jurisdictions have ruled on an issue
• You want to find cases supporting both sides of an argument
• You need to identify the majority and minority rules
• You are looking for cases from jurisdictions that have not yet addressed your issue's exact facts

Finding ALR Annotations

Search for ALR annotations by:

• ALR Index — A detailed subject index to all annotations
• ALR Digest — Organized by West Key Numbers
• Full-text searching — On Westlaw or Lexis
• Citator references — KeyCite and Shepard's will show if your case is discussed in an ALR annotation

Restatements

The Restatements of the Law are published by the American Law Institute (ALI), a prestigious organization of judges, law professors, and practitioners. Restatements attempt to summarize and clarify the common law in various areas, articulating what the ALI believes the law is or should be.

What Restatements Are

Restatements organize common law principles into clear, numbered sections that resemble statutory provisions. Each section includes:

• Black letter rules — The restatement of the legal principle
• Comments — Explanations and clarifications of the rule
• Illustrations — Hypothetical examples showing how the rule applies
• Reporter's Notes — Discussion of case law and the rule's development

Major Restatements

Restatements exist for most major common law areas:

• Restatement (Second) of Contracts
• Restatement (Third) of Torts (multiple volumes covering different topics)
• Restatement (Second) of Torts (still influential for areas not yet covered by the Third)
• Restatement (Third) of Agency
• Restatement (Third) of Property
• Restatement (Third) of Trusts
• Restatement (Second) of Judgments
• Restatement of the Law Governing Lawyers

The Authority of Restatements

Restatements occupy a unique position in legal authority:

• They are not binding law—courts are free to reject Restatement positions
• However, many courts find them highly persuasive and adopt Restatement rules
• Some states have explicitly adopted certain Restatement provisions
• Courts frequently cite Restatements when addressing issues of first impression
• The ALI's prestige gives Restatements significant influence

Using Restatements in Research

1. Find the relevant Restatement section for your issue
2. Read the black letter rule, comments, and illustrations
3. Check the case citations in the Reporter's Notes
4. Use a citator to find cases that have cited the Restatement section
5. Determine whether your jurisdiction follows the Restatement approach

Law Reviews and Journals

Law reviews and journals are scholarly publications containing articles that analyze legal issues in depth. Most are student-edited journals published by law schools, though some are peer-reviewed or practitioner-oriented.

Types of Content

• Articles — Long scholarly pieces by professors or practitioners, typically 50-100+ pages
• Notes and Comments — Shorter pieces written by law students, typically analyzing recent cases or statutory developments
• Book Reviews — Critical analyses of legal scholarship
• Essays — Shorter opinion pieces on current legal issues

When to Use Law Reviews

Law review articles are particularly useful when:

• The law is unsettled — Articles often analyze emerging issues before courts have addressed them
• You need extensive footnotes — Law review articles cite heavily, providing a roadmap to primary and secondary sources
• You are researching policy arguments — Scholarly articles explore the rationales behind legal rules
• You are working on a novel issue — Articles may propose approaches that courts later adopt
• You need historical or comparative analysis — Articles often trace the development of legal doctrines

Limitations of Law Reviews

• Not updated — Unlike treatises, articles are not revised after publication
• Variable quality — Some articles are more rigorous than others
• Academic focus — May not address practical concerns
• Limited persuasive authority — Courts cite law reviews less frequently than treatises or Restatements

Choosing the Right Secondary Source

Different secondary sources serve different purposes. Here is how to choose the right one for your research question:

Match the Source to Your Need

A Typical Research Path

1. Start broad — Use a legal encyclopedia to understand the general framework
2. Go deeper — Consult a treatise for detailed analysis of your specific issue
3. Find cases — Use ALR if there is an annotation on point, or follow citations from your treatise
4. Check the Restatement — If it is a common law issue, see what the Restatement says and whether your jurisdiction follows it
5. Look for recent developments — Check law reviews for the latest scholarly analysis

Which Platform Has What

Secondary source availability varies by platform. Here is a general overview:

Westlaw

• Encyclopedias: Am. Jur. 2d, C.J.S., most state encyclopedias
• Treatises: Extensive collection including Wright & Miller, Williston on Contracts, many West publications
• Practice Guides: Practical Law (excellent for transactional work)
• ALR: Full ALR collection
• Restatements: Complete collection
• Law Reviews: Extensive collection

Lexis

• Encyclopedias: Am. Jur. 2d (licensed from West), state encyclopedias
• Treatises: Matthew Bender treatises including Collier on Bankruptcy, Moore's Federal Practice, Nimmer on Copyright
• Practice Guides: LexisNexis Practice Guides (state-specific), Lexis Practical Guidance
• ALR: Full ALR collection
• Restatements: Complete collection
• Law Reviews: Extensive collection

Bloomberg Law

• Encyclopedias: Limited
• Treatises: Bloomberg Law treatises, some third-party content
• Practice Guides: Bloomberg Law Practice Centers (particularly strong for corporate and transactional work)
• ALR: Not available
• Restatements: Limited availability
• Law Reviews: Good collection

HeinOnline

• Law Reviews: The most comprehensive historical collection, with full-text PDF images
• Restatements: Historical versions available
• Other: Treaties, legislative histories, government documents

Study Aids vs. Research Sources

It is important to distinguish between study aids designed for law students and secondary sources appropriate for legal research and practice.

Study Aids (For Learning, Not Research)

These resources help students understand legal concepts for courses and exams but should not be cited in professional legal work:

• Hornbooks — Textbook-style explanations of legal subjects (e.g., Prosser on Torts as a hornbook vs. the full treatise)
• Nutshells — West's series of condensed overviews for students
• Examples & Explanations — Wolters Kluwer series with practice problems
• Emanuel Law Outlines — Popular commercial outlines
• Gilbert Law Summaries — Condensed subject summaries
• Quimbee, Barbri, other bar prep materials — Designed for exam preparation

Why the Distinction Matters

Study aids simplify complex areas for pedagogical purposes. They may:

• Omit nuances and exceptions that matter in practice
• Focus on majority rules without exploring jurisdictional variations
• Lack the detailed citations needed for professional research
• Present outdated information (supplements may lag)

When Study Aids Are Appropriate

Study aids remain useful for:

• Initial learning of a subject area in law school
• Quick refreshers before diving into detailed research
• Bar exam preparation
• Understanding the basic framework before reading complex primary sources

Next Steps

Now that you understand secondary sources, you are ready to learn how to find and analyze primary authorities:

• Case Law Research — Finding and analyzing judicial decisions
• Statutory Research — Working with codes and legislative history
• Citators — Verifying that your authorities are still good law