Law & Technology Writing Workshop: Fall 2013
Law Library Home Page
The stepping stone for many legal research projects.
The Law Library catalog includes only materials held by Berkeley Law Library, and is thus the place to begin research of our holdings of books, including e-books, and journals. Other catalogs on campus are not reliable finding tools for the Law Library collection.
Keyword search for electronic mail monitor*
Note the subject headings assigned to the resulting titles:
Privacy, Right of
Electronic mail messages
Keyword search for: patent*
Then modify by location: Reserve Collection
Law Review and Journal Articles: LegalTrac, Index to Legal Periodicals, HeinOnline, and Full-Text Databases
A legal index such as LegalTrac or the Index to Legal Periodicals and Books (both also available on Lexis and Westlaw as, respectively, Legal Resource Index and Index to Legal Periodicals) can refine the search for pertinent articles.
- Controlled vocabulary for more precise and effective searching
- Material from historical publications (e.g., Index to Legal Periodicals Retrospetive covers 1918 -1981)
- Material from local and regional practitioner publications
- Recent inclusion of full-text documents as well as index records
Search file sharing as a keyword. Note the tabbed results (for journals, magazines, news, etc.) and the subject headings.
- Index to Legal Periodicals
Search file sharing as a Smart Search. Note the sources and subject headings:
Note the button in both LegalTrac and Index to Legal Periodicals, as well as other electronic resources.
Compare the results for "file sharing" in the Westlaw or Lexis full-text journal files.
Full text of legal journals, coverage extending back to the late 19th and early 20th centuries for many of these journals. LawCat includes links to all journals in HeinOnline from their catalog records.
For legislative historical work, see Hein's U.S. Federal Legislative History Library, consisting of two components:
- Sources of Compiled Legislative History Database
- U.S. Federal Legislative History Title Collection
The latter includes
- Federal Copyright Law: The Legislative Histories of the Major Enactments of the 105th Congress
- Legislative History of the 1909 Copyright Act
- Omnibus Copyright Revision Legislative History
- Technology, Education and Copyright Harmonization Act of 2002 - A Legislative History
- Intellectual Property Communications Omnibus Reform Act of 1999
Lexis and Westlaw
[N.B: The tips here and below refer primarily to the legacy versions of Lexis and Westlaw, less so to the new versions introduced by each service, LexisNexis Advance and WestlawNext.]
Search Tip: To see the contents and coverage of a database on Westlaw and Lexis click on the information icons next to the database name:
Lexis Directory and Documentation
Legal > Area of Law - By Topic > Antitrust & Trade/Copyright Law/Cyberlaw & E-Commerce/Patent Law/Trademark Law
Westlaw Directory and Documentation
All Databases > Topical Materials by Area of Practice > Intellectual Property/Science & Computer Technologies Law
Also: Intellectual Property resources from Thomson/West.
Cases: State and Federal
In both Lexis and Westlaw, search for cases by first going to the topical arrangments for technology related areas and then using the case databases. For example:
Westlaw: All Databases > Topical Materials by Area of Practice > Intellectual Property > U.S. Federal Cases
All Databases > Topical Materials by Area of Practice > Intellectual Property > State IP Materials Combined > Multistate Intellectual Property - Cases
Lexis: Legal > Area of Law - By Topic > Cyberlaw & E-Commerce > Find Cases
Statutes and Legislative Materials: Federal and State
Statute databases are available both at the federal and state levels. As with cases, it is recommended that you use the topical subject arrangements so that you can limit your searches to databases that just contain relevant statutes. For example:
Westlaw: All Databases > Topical Materials by Area of Practice > Intellectual Property > U.S. Federal Statutes
Lexis: Legal > Area of Law - By Topic > Cyberlaw & E-Commerce > Find Statutes, Regulations & Administrative Materials> Federal
ProQuest Congressional contains material drawn from the Congressional Information Service (CIS), still available throughout Lexis. Until 2011, when Lexis sold the product to ProQuest, Lexis offered it as LexisNexis Congressional.
Westlaw has developed its statutes/legislative history materials with Graphical Statutes, a feature that incorporates:
- Prior versions of statutes
- Links to enacting and amending public laws
- Relevant legislative history materials, such as bill drafts, reports, journals, and the Congressional Record
- Cases that negatively impact a statute
- Legislation that has been enacted but has not yet been codified
- Future text of a statute not yet in effect
Example: 17 U.S.C.A. § 1201
Treatises/Analytical Materials/Practice Guides/News
Don't take the shotgun approach to searching for cases. Begin your research with a treatise or practice guide, many of which are available on Lexis and Westlaw. Again, the easiest way to see the range is to look in the directories:
All Databases > Topical Materials by Area of Practice > Intellectual Property > Forms, Treatises, CLEs and Other Practice Material
All Databases > Topical Materials by Area of Practice > Intellectual Property > BNA Intellectual Property Materials
You can also "Scan the Westlaw Directory" by searching for databases whose descriptions contain your query terms. For example, a search on biotechnology will result in several files, such as Biotechnology Law Report and BNA's Biotech Watch (neither of which is available to us, because we do not subscribe to the BNA counterpart).
Legal Area of Law - By Topic > Copyright Law > Search Analysis, Law Reviews & Journals
You can also "Find a Source" in Lexis for databases whose titles contain your query terms. For example, a search on biotechnology will result in several files, such as IAC Biotechnology.
Major IP/Technology Databases, Looseleafs, and Blogs
News and Current Awareness
The Law Library subscribes to Bloomberg BNA services related to IP and technology law, many covered in categories other than Intellectual Property.
- Antitrust & Trade Regulation Report
Federal, state, and international coverage of competition and deceptive trade practices law.
- Computer Technology Law Report
"[C]omprehensive, in-depth coverage of the major legal issues affecting the computer technology industry, on federal, state, and international levels."
- Electronic Commerce & Law Report
Broad coverage of the major legal issues surrounding digital communications content, transactions, and infrastructure, at federal, state, and international levels.
Example: Search all issues for gpl. Also: Search romantics as an Advanced Search in the new platform.
- Patent, Trademark & Copyright Journal
- Privacy & Security Law Report
- Privacy Law Watch
- Social Media Law & Policy Report
- Telecommunications Monitor
- World Intellectual Property Report
Monthly news and analysis of developments in the regulation and enforcement of intellectual property rights worldwide.
- Intellectual Property Law Resource Center
USPQ decisions, Patents and the Federal Circuit by Robert L. Harmon, 37 CFR, and pertinent texts of USC.
Current awareness of federal agency activities. Although neither the USPTO nor USCO is among the agencies tracked, searches may produce results, especially from the law firm memos database.
Wide coverage of legal news in several practice areas, including: Intellectual Property, Media & Entertainment, and Technology. Register your @berkeley or @law.berkeley address to receive daily newsletters and create search alerts.
Treatises & Practice Guides
- Ian C. Ballon, E-commerce and Internet Law: Treatise with Forms, 2d ed.
Reserve: KF889 .B252
- Donald S. Chisum, Patents: A Treatise on the Law of Patentability, Validity and Infringement
Reserve: KF3114 .C45
Also available on Lexis.
- Copyright Law Reporter
Stacks: KF2991.5 .C67
- Louis R. Dienes, Intellectual Property in Business Transactions
Reserve: KF2979 .I4317
- Jay Dratler, Cyberlaw: Intellectual Property in the Digital Millennium
Stacks: KF2979 .D725
Also on Westlaw: CIPDM.
- Jay Dratler, Intellectual Property Law: Commercial, Creative, and Industrial Property
Stacks: KF2979 .D73 1991
Also on Westlaw: IPLCCIP.
- Jane C. Ginsburg & Robert A. Gorman, Copyright Law
Reserve: KF2994 .G56 2012
- Paul Goldstein, Goldstein on Copyright, 3d ed.
Stacks: KF2994 .G642
- J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition, 4th ed.
- Stacks: KF3180 .M29 1996
Also on Westlaw: MCCARTHY.
- Melville B. Nimmer, Nimmer on Copyright: A Treatise on the Law of Literary, Musical and Artistic Property, and the Protection of Ideas
Reserve: KF2994 .N54
Also available on Lexis.
- William F. Patry, Patry on Copyright
Stacks: KF2991.5 .P38
Also on Westlaw: PATRYCOPY.
- Specialized Legal Research
Reference Desk: KF240 .S641
Chapter 4: Joseph J. Beard & William H. Manz, Copyright Law.
General Technology-Related Databases and Indexes
Berkeley Law Library Databases
The Law Library maintains a list of databases purchased by either the law library or the main campus that are of interest and use to law students and faculty. Examples of services that may be unfamiliar but useful for historical and current developments research include:
Rudimentary but sweeping coverage of issues important to Congress. Good historical archive.
- ProQuest Congressional CRS Reports
Proposals and analysis written at the behest or on behalf of Congress by a non-partisan office of experts.
Abstracts, indexing, and full-text of articles from more than 1,100 periodical titles. Also includes dissertations and theses.
Provides business news and information from more than 9,000 sources in 22 languages, including influential local, national and international newspapers, leading business magazines, trade publications, and news wires.
UC Berkeley Library Databases
Additional databases appear on the main Berkeley library system Electronic Resources page. The UC Berkeley list of Articles Databases, contains over 200 databases in many subject areas.
Example: View resources by subject Bioengineering. Search PapersFirst for patents as a keyword.
UC Berkeley Libraries Electronic Resources
Many of the libraries and research centers on campus maintain listings of technology-related electronic resources. For example:
- Kresge Engineering Library Articles Indexes for Engineering includes databases on computer science and technology.
- Marian Koshland Biosciences and Natural Resources Library Electronic Library Resources
- Ars Technica
News and discussion of technology trends.
- Full-Text Reports
An archive of reports, studies, press releases, and government documents relating to diverse topics. Simple keyword searches—e.g., internet gambling—can elicit useful and timely materials.
- Freedom to Tinker
"[C]omment and analysis from the digital frontier."
- Michael Geist's Blog
Geist teaches Internet and E-Commerce Law at University of Ottawa. The blog focuses on Canada, but often addresses US, foreign, and international developments.
- Patently O: Patent Law Blog
"The nation's leading patent law blog."
Copious, but often informative.
A one-woman insomniac operation that magically reports on current events in a variety of legal areas.
- Technology & Marketing Law Blog
Updates and commentary by Eric Goldman on cases, laws, and regs.
- Rebecca Tushnet's 43(B)log
Copyright, trademark, false advertising and marketing, antitrust...
- ITC 337 Law Blog
ITC patent investigations.
Open access scholarly publications, including institutional repositories of law school faculty publications. Here's Berkeley Law's.
- SSRN Legal Scholarship Network
Vast collection of working papers.
Federal Legislative Histories
Already covered above, HeinOnline U.S. Federal Legislative History Library and ProQuest Congressional.
California Legislative Histories
The Library web site's California legislative research section has links to databases, some government websites, and a guide to compiling a California legislative history.
Regulations and Agencies
Regulations are available from numerous print and electronic resources. Lexis and Westlaw have extensive coverage of regulations with specialized topical databases. Knowledge Mosaic, described above, facilitates rulemaking tracking.
Federal and state agency web pages are also increasingly important and cost effective ways of doing regulatory research. A good starting point for federal regulatory research is the the Federal Executive and California Executive sections of the Library's web site.
Example: Search for recent documents relating to Title 37 of CFR.
It is important to refer to the web sites for the various agencies that deal with law and technology issues. Agencies typically post proposed and final regulations, guidance documents and statements, legislation, manuals, international treaties, and news releases. They also will have online directories of employees, offices, phone numbers, and e-mail addresses. The currency and extent of the information will differ from agency to agency.
General Directories of Agencies
- LSU Libraries Federal Agency Directory
- Administrative Decisions by Subject
A list of agency web sites with agency decisions, arranged by subject.
Among the Law Library's greatest strengths are its international and foreign law collections. The resources below are merely a sample. Don't hesitate to contact Marci or Teresa for assistance with any questions you may have about international or foreign legal aspects of law and technology.
Associate Director, International and Foreign Law Librarian
- WIPO Lex Collection of Laws for Electronic Access (CLEA)
Database of IP legislation and treaties from around the world.
- Collection of National Copyright Laws: UNESCO Culture Sector
- Foreign Law Guide: Current Sources of Codes and Basic Legislation in Jurisdictions of the World
Provides brief introductory information on the legal systems of 160 nations or jurisdictions, combined with a list of all codes and basic laws, where they can be found in their most current format in the offical language and any English translations, if available.
- Jonathan Franklin, International Intellectual Property Law, in ASIL Guide to Electronic Resources for International Law
- Madrid System for the International Registration of Marks
Foreign national intellectual property legislation, news, and research.
- WIPO Treaties and Contracting Parties