Skip to Main Content

Substantial Paper & Journal Note Guide: The Research Process

Introduction

Research is a cyclical and multi-step process. Although research can be time-consuming, your paper will only be as good as the sources your research yields. Below is the research process in four easy steps.

Step 1: Formulate a Search Plan

Begin by articulating a statement of purpose. This statement need not be a thesis at this point. The scope of this statement should be narrow enough that it can be developed into a thesis after you have reviewed the law and scholarship, but not so narrow that the yield of information is sparse. Using this statement, draft a list of search terms that summarize and relate to your statement of purpose. Finally, begin identifying resources for information. This brings us to Step 2.

Step 2: Consult Secondary Sources

Different resources are useful for finding difference types of information.

Luckily, conducting the research for your paper is just like conducting a preemption search!

reate a citation management database. When you find an article, book, or other resource that you find valuable, add it to the database.

Once you are satisfied with the secondary sources you have found, consult those sources for primary law. This brings us to Step 3.

Step 3: Consult Primary Law Sources

Primary laws cited in secondary sources can often be a great starting point for finding more law. Expand your yield by using the search terms you crafted in Step 1 and creating new search terms as needed. Additionally, look to cross-referenced sources.

In general, there are three types of law: statutes, case law, and regulations.

  • For statutes and case law, you will want to use Lexis and/or Westlaw.
  • For regulations, these databases are a great place to start, but you will likely want to consult the websites of the agencies issuing these regulations to ensure that they are up-to-date.
  • For treaties, try HeinOnline's "International Treaties and Agreement" section.
  • For accurate and current sources of special law, such as tribal and foreign law, consult the list of databases located on the law library's website.

Add the valuable sources of primary law that you found to the database created in Step 2.

Ensure that the primary law you found is current using Shepard's or KeyCite.

Step 4: Assess Your Results

Now begins the very early stages of writing the paper. Using your results, begin to craft your original statement into a thesis with various sub-theses. As you begin to outline your paper, look for areas where the information you have is insufficient. Where necessary, repeat Steps 1-4.