Law

Researching comparative law involves examining and analysing the legal systems of different countries or jurisdictions to identify similarities, differences, and potential areas for legal reform or harmonisation.

1. Define Your Research Question:

• Focus Your Inquiry: Clearly articulate the specific legal issue or area you want to compare. For instance, you might examine the approaches to environmental protection in the UK and Germany or compare the legal frameworks for consumer protection in the European Union and the United States.
• Choose Jurisdictions: Select the jurisdictions you want to compare based on your research question. Consider factors like geographical proximity, historical ties, legal traditions, or economic development.

2. Identify Relevant Sources:

• Primary Sources: These are the original legal texts, such as constitutions, statutes, regulations, and case law. Consult legal databases like Westlaw, Lexis, or HeinOnline to access foreign law materials, or consult relevant government websites for the countries you are studying. Even if not available in English, relevant materials may be found under sections titled "International Law," "Treaties," or on pages belonging to the Ministry of Foreign Affairs (or its equivalent).
• Secondary Sources: These include academic books, articles, and commentaries that analyse and compare different legal systems. Look for reputable publications from legal scholars and experts in comparative law. HeinOnline is a particularly good source of journal articles on international law.

3. Use Comparative Law Resources:

• Foreign Law Guide: The Foreign Law Guide, produced by the Library of Congress, provides an overview of the legal systems of various countries and offers links to relevant resources.
• GlobaLex: This online resource from the Hauser Global Law School Program at NYU School of Law offers comprehensive guides on the legal systems of different countries.
• WorldLII: WorldLII (World Legal Information Institute) is a free, non-profit online database providing access to legal materials from over 120 jurisdictions worldwide, including case law, legislation, treaties, and law reform reports.

4. Develop a Research Methodology:

• Functional Approach: Focus on the function or purpose of a legal rule or institution rather than its form. This allows for comparison across different legal systems even if the terminology or structure differs.
• Historical Approach: Consider the historical development of the legal systems you are comparing. This can help explain the origins of certain laws and their evolution over time.
• Comparative Approach: Identify similarities and differences between the legal systems you are examining. Analyse the reasons for these differences and consider the potential implications for legal reform or harmonisation.

5. Analyse and Compare:

• Identify Key Legal Concepts: Examine how legal concepts are defined and applied in different jurisdictions. For example, how is "contract" or "property" defined in different legal systems?
• Examine Legal Institutions: Compare the structure and functions of legal institutions like courts, legislatures, and administrative agencies.
• Analyse Legal Procedures: Compare the legal procedures and processes used in different jurisdictions, such as the rules of evidence or the appeal process.
• Consider Social and Cultural Context: Understand the social, political, and economic factors that have shaped the legal systems you are comparing.

6. Draw Conclusions and Make Recommendations:

• Summarise Your Findings: Present a clear and concise summary of your research, highlighting the key similarities and differences you identified.
• Evaluate Strengths and Weaknesses: Analyse the strengths and weaknesses of each legal system based on your findings.
• Make Recommendations: Based on your comparative analysis, suggest potential areas for legal reform or harmonisation.

Researching European Union (EU) law as a UK university law student requires understanding its unique complexities, especially after Brexit.

1. Understand the Post-Brexit Landscape:

• Retained EU Law: After Brexit, a significant portion of EU law was retained in the UK as "retained EU law." This includes EU regulations, directives, and decisions that were directly applicable or had been implemented into UK law.
  • Westlaw has a useful retained EU law section you can consult.
• Ongoing Developments: EU law continues to evolve, and these changes may or may not be incorporated into UK law depending on the specific agreement and the UK government's decisions.
  • Practical Law has a very comprehensive section, "Beyond Brexit: the legal implications", which covers articles on a range of topics, a tracker for ongoing developments, a Brexit timeline, and a legal updates and current awareness service.

2. Identify Relevant Sources:

• Primary Sources:
  • Treaties: The EU is founded on treaties like the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).
  • Secondary Legislation: Regulations (directly applicable), directives (require implementation), and decisions are key sources of EU law.
  • Case Law: Judgements of the Court of Justice of the European Union (CJEU) interpret and apply EU law.
• Secondary Sources:
  • Textbooks: Use Library Search to find textbooks on EU law.
  • Journal Articles: Look for articles in journals like the Common Market Law Review or the European Law Review.
  • Official Publications: Check the Official Journal of the European Union (OJEU) and the EUR-Lex website for official EU legal documents.

3. Use Library Resources:

• HeinOnline: This database offers comprehensive coverage of EU law journals and other legal materials.
• Westlaw: Westlaw provides access to EU case law, legislation, and commentary, as well as helpful Overview Articles on EU law, its implementation, institutions and principles.

4. Research Strategies:

• Start with EUR-Lex: This is the official website for EU law and a good starting point for finding legislation, case law, and other documents.
• Use Official Journal References: EU legislation is cited using references from the OJEU (e.g., Directive 2004/38/EC).
• Consult UK Legislation: Check if any UK legislation has implemented or amended EU law.
• Check Case Law Databases: Use Westlaw or Lexis to find relevant CJEU and UK court decisions.

5. Consider Brexit Implications:

• Retained EU Law: Be aware that retained EU law can be amended or repealed by the UK Parliament.
• Divergence: UK and EU law may diverge over time as the UK develops its own legislation.
• CJEU Jurisdiction: The CJEU no longer has direct jurisdiction over the UK, but its past decisions may still be persuasive in UK courts.

Additional Useful Resources:

• Practical Law has an immensely helpful series of guides on navigating Brexit legislation:
  • Find Brexit-related legislation content on Westlaw
  • Identifying retained EU law in Westlaw, with links to Practical Law materials on the legal rules
  • Research into post-Brexit divergence between UK law and EU law

Researching American law as a UK university law student requires a strategic approach and familiarity with key resources.

1. Understand the Structure:

   • Dual System: The US has a dual legal system with federal law and state law, each with its own constitution, statutes, regulations, and case law. Start by identifying the relevant jurisdiction for your research question.
   • Primary Sources: Focus on primary sources like federal and state constitutions, statutes, regulations, and case law from relevant courts.
   • Secondary Sources: Consult secondary sources like legal encyclopedias, treatises, law review articles, and legal commentaries for analysis and interpretation of the law.

2. Use Library Resources:

   • HeinOnline: This is an invaluable resource for UK law students researching American law. It offers comprehensive coverage of US legal journals, including law reviews, bar journals, and legal newspapers. Additionally, it provides access to historical legal materials and government documents.
   • Lexis: Lexis contains a large amount material on American law, under its "International" section, including statutes, adminstrative codes and regulations, as well as journal articles.

3. Explore Online Resources:

   • Cornell Law School Legal Information Institute (LII): This freely available website provides access to federal and state constitutions, statutes, regulations, and Supreme Court decisions.
   • FindLaw: This website offers a searchable database of case law, statutes, and legal news.
   • Government Websites: Consult official websites of relevant federal and state government agencies for regulations, reports, and other legal materials. Congress.gov is a huge source of information on potential, current and historical federal law, as well as providing access to the Congressional Record, the US equivalent to Hansard.

4. Develop Research Strategies:

   • Start Broad, Then Narrow: Begin with general research to gain an overview of the topic, then narrow your focus to specific legal issues and relevant jurisdictions.
   • Use Multiple Sources: Cross-reference information from different sources to ensure accuracy and comprehensiveness.
   • Cite Properly: American legal material may make reference to the 'Bluebook' citation format. Don't be confused, you are still required to use OSCOLA!