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The Yale Law School Guide to Research in American Legal History最新文献

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11. Nonlaw Research 11. Nonlaw研究
The Yale Law School Guide to Research in American Legal History Pub Date : 2018-12-31 DOI: 10.12987/9780300235685-013
{"title":"11. Nonlaw Research","authors":"","doi":"10.12987/9780300235685-013","DOIUrl":"https://doi.org/10.12987/9780300235685-013","url":null,"abstract":"","PeriodicalId":209770,"journal":{"name":"The Yale Law School Guide to Research in American Legal History","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116318792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
General Bibliographic Sources 一般书目来源
The Yale Law School Guide to Research in American Legal History Pub Date : 2018-06-19 DOI: 10.12987/yale/9780300118537.003.0002
John B. Nann, Morris L. Cohen
{"title":"General Bibliographic Sources","authors":"John B. Nann, Morris L. Cohen","doi":"10.12987/yale/9780300118537.003.0002","DOIUrl":"https://doi.org/10.12987/yale/9780300118537.003.0002","url":null,"abstract":"This chapter examines general bibliographic sources. In developing a search strategy, an awareness of general bibliographic tools and online searching strategies and procedures is useful. Just as each book is indexed and organized differently, each online database works differently. These differences factor into the development of search strategies. In addition, almost any research project will employ library catalogs and bibliographies. Library catalogs may include the collection of a single library or of many libraries, and bibliographies range widely in scope and size. National bibliographies are an important research resource, and those that cover discrete periods of time are often very useful. Meanwhile, many publishers, historical societies, scholars, libraries, and individuals have created websites that contain material of interest to legal researchers. When considering such sites, researchers should think about how to locate them, how reliable they are, whether they will exist in the future, and how they can be used.","PeriodicalId":209770,"journal":{"name":"The Yale Law School Guide to Research in American Legal History","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123708388","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Colonial Law, 1600s–1770s 殖民法(1600 - 1770年代
The Yale Law School Guide to Research in American Legal History Pub Date : 2018-06-19 DOI: 10.12987/yale/9780300118537.003.0004
John B. Nann, Morris L. Cohen
{"title":"Colonial Law, 1600s–1770s","authors":"John B. Nann, Morris L. Cohen","doi":"10.12987/yale/9780300118537.003.0004","DOIUrl":"https://doi.org/10.12987/yale/9780300118537.003.0004","url":null,"abstract":"This chapter explores the sources and techniques useful for finding information about the legal culture and law of individual colonies. While the rights and laws of England were the primary source of the laws of the colonies, local laws also governed. Indeed, each of the thirteen North American colonies had different fundamental laws, charters, and local legislation and courts. Publication of American law books came slowly from the earliest American printing presses. Not surprisingly, these first books were not carefully written legal treatises. They were instead publications of the colonial governments—often statutory—and “how-to” manuals and formbooks primarily designed for justices of the peace, law officers, and town officials. Other sources of information on colonial law include colonial charters and legislation, royal proclamations, colonial court decisions, and colonial court records.","PeriodicalId":209770,"journal":{"name":"The Yale Law School Guide to Research in American Legal History","volume":"123 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114873660","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Archives and Practice Materials 档案与实习材料
The Yale Law School Guide to Research in American Legal History Pub Date : 2018-06-19 DOI: 10.12987/YALE/9780300118537.003.0009
John B. Nann, Morris L. Cohen
{"title":"Archives and Practice Materials","authors":"John B. Nann, Morris L. Cohen","doi":"10.12987/YALE/9780300118537.003.0009","DOIUrl":"https://doi.org/10.12987/YALE/9780300118537.003.0009","url":null,"abstract":"This chapter focuses on archives and special collections. Archival collections are diverse, ranging in size, scope, creator, and format. As such, there are two parts to an archival research project: (1) determine which archive holds the needed materials, and (2) determine, as much as possible, where in a collection relevant materials might be found. Several widely available resources can help a researcher determine which archives to consult. Many archival collections have finding aids, and a finding aid is the first thing that researchers should look for. A finding aid should provide an overview of the collection, including the provenance and information about access; perhaps a brief biography and/or description of the collection; and a list of the contents of the collection that describes the contents as specifically as the name of each box or folder. The chapter also looks at practice books or manuals, which are one of the most long-lived type of legal material.","PeriodicalId":209770,"journal":{"name":"The Yale Law School Guide to Research in American Legal History","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121139623","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Language and Biography 语言及传记
The Yale Law School Guide to Research in American Legal History Pub Date : 2018-06-19 DOI: 10.12987/YALE/9780300118537.003.0011
John B. Nann, Morris L. Cohen
{"title":"Language and Biography","authors":"John B. Nann, Morris L. Cohen","doi":"10.12987/YALE/9780300118537.003.0011","DOIUrl":"https://doi.org/10.12987/YALE/9780300118537.003.0011","url":null,"abstract":"This chapter addresses the role of language in legal history research. When trying to determine what a law means, researchers must understand what the terminology meant at the time the law was crafted. Researchers have three avenues to attack the problem. First, they can find dictionaries published at the time under consideration. Second, they can use a modern dictionary that provides guidance to a word's historical use. Finally, they can find the word in documents from the time of interest and try to work out the meaning from context. Since the law is a specialized field, terms may be used in a way that a general dictionary might not offer; therefore, specialized legal dictionaries should be consulted when possible. The chapter then looks at three types of biographical sources: book-length biographies, directory-type resources that provide brief biographical data, and encyclopedic biographical sets.","PeriodicalId":209770,"journal":{"name":"The Yale Law School Guide to Research in American Legal History","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129618919","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Constitutional Law, 1780s 宪法(1780年代
The Yale Law School Guide to Research in American Legal History Pub Date : 2018-06-19 DOI: 10.12987/YALE/9780300118537.003.0005
John B. Nann, Morris L. Cohen
{"title":"Constitutional Law, 1780s","authors":"John B. Nann, Morris L. Cohen","doi":"10.12987/YALE/9780300118537.003.0005","DOIUrl":"https://doi.org/10.12987/YALE/9780300118537.003.0005","url":null,"abstract":"This chapter discusses sources for information about the United States and state constitutions; constitutional conventions, especially the Constitutional Convention of 1787; the ratification of the U.S. Constitution; and the ratification of the Bill of Rights and other amendments. Although the Constitution of the United States is extremely important to American law and legal history, researchers should keep in mind that it is not the only constitution in play, nor was it the first. Even before the Declaration of Independence was promulgated on July 4, 1776, states had begun to work on their own constitutions. Meanwhile, sources of information about the Constitutional Convention of 1787 include materials about the Continental Congress. While comparatively little material is available from the actual constitutional convention, a great deal of information from the process of the Constitution's ratification exists.","PeriodicalId":209770,"journal":{"name":"The Yale Law School Guide to Research in American Legal History","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134537170","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
International and Civil Law in the United States 美国的国际法和民法
The Yale Law School Guide to Research in American Legal History Pub Date : 2018-06-19 DOI: 10.12987/YALE/9780300118537.003.0010
John B. Nann, Morris L. Cohen
{"title":"International and Civil Law in the United States","authors":"John B. Nann, Morris L. Cohen","doi":"10.12987/YALE/9780300118537.003.0010","DOIUrl":"https://doi.org/10.12987/YALE/9780300118537.003.0010","url":null,"abstract":"This chapter discusses sources of information about international law and civil law in the United States. In beginning to look at U.S. practice in international law, a researcher needs to consider the sources of the law. The most important sources that may impose requirements or restrictions are treaties, which are agreements entered into between states. When approaching treaty research, researchers must consider three major steps. First, they must identify and locate the treaty; second, they must determine whether the treaty is “in force” and against whom; and third, they must consider how the terms of the treaty will be interpreted. In addition to treaties, the main sources of international law included in the Statute of the International Court of Justice are customary law, general principles of law, judicial decisions, and the writings of scholars or other publicists. The chapter then considers the place civil law had in the historical development of American law.","PeriodicalId":209770,"journal":{"name":"The Yale Law School Guide to Research in American Legal History","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123732157","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Early Republic, 1790s–1870s 早期共和国，1790 - 1870年代
The Yale Law School Guide to Research in American Legal History Pub Date : 2018-06-19 DOI: 10.12987/YALE/9780300118537.003.0006
John B. Nann, Morris L. Cohen
{"title":"The Early Republic, 1790s–1870s","authors":"John B. Nann, Morris L. Cohen","doi":"10.12987/YALE/9780300118537.003.0006","DOIUrl":"https://doi.org/10.12987/YALE/9780300118537.003.0006","url":null,"abstract":"This chapter looks at sources of information about American law during the 1790s–1870s. To “create” a body of law, most states passed “reception statutes,” which generally allowed English law as of a certain date to be considered a part of the state's laws. Even with the reception statutes, however, not a lot of law was yet made in many of the states or in the United States as a whole. Therefore, for several decades, U.S. court decisions continued to rely on English law. In considering nineteenth-century sources, a researcher should keep in mind that legal publishing was not very advanced, even in the largest of the new states. As the court systems developed, a system for case reporting took shape but remained a nongovernmental activity until into the nineteenth century. Other sources of information include case files, court journals, court dockets, session law publications, and private laws.","PeriodicalId":209770,"journal":{"name":"The Yale Law School Guide to Research in American Legal History","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131442207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Administrative State, 1930s–2010s 行政国家，1930 - 2010
The Yale Law School Guide to Research in American Legal History Pub Date : 2018-06-19 DOI: 10.12987/YALE/9780300118537.003.0008
John B. Nann, Morris L. Cohen
{"title":"The Administrative State, 1930s–2010s","authors":"John B. Nann, Morris L. Cohen","doi":"10.12987/YALE/9780300118537.003.0008","DOIUrl":"https://doi.org/10.12987/YALE/9780300118537.003.0008","url":null,"abstract":"This chapter explores sources of information for administrative law research. Today there is a large, well-developed body of both federal and state administrative law. Administrative law includes the law that governs governmental administrative agencies and the law created by those agencies. There are four types of administrative materials: (1) materials created by administrative agencies or executive departments other than the president before the mid-1930s, (2) presidential materials, (3) materials created by administrative agencies or executive departments other than the president after the mid-1930s, and (4) some miscellaneous materials. In 1938, Congress passed the Code of Federal Regulations (CFR) Act. The CFR, published annually in four parts, organizes the regulations in force by topic and within each topic by agency. Other sources of information include administrative decisions, state administrative law, and federal government documents.","PeriodicalId":209770,"journal":{"name":"The Yale Law School Guide to Research in American Legal History","volume":"358 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124515397","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Research Gets Organized, 1880s–1930s 研究开始有组织，1880 - 1930
The Yale Law School Guide to Research in American Legal History Pub Date : 2018-06-19 DOI: 10.12987/yale/9780300118537.003.0007
John B. Nann, Morris L. Cohen
{"title":"Research Gets Organized, 1880s–1930s","authors":"John B. Nann, Morris L. Cohen","doi":"10.12987/yale/9780300118537.003.0007","DOIUrl":"https://doi.org/10.12987/yale/9780300118537.003.0007","url":null,"abstract":"This chapter examines the creation of a better-organized world of legal research through the development and refinement of several legal research tools. The federal government made its first attempt at codification in 1873. At roughly the same time, West Publishing Company began producing a comprehensive collection of state and federal case reporters, which came to be known as the National Reporter System. West also applied the concept of case law digests to the National Reporter System, thus offering legal researchers a comprehensive collection of cases and tools that provided a consistent topical arrangement of case law. By listing every reported case that cited a given case and indicating how the subsequent treated the earlier, citators became a valuable research tool for attorneys. The era reached its climax of successful federal law codification with the publication in 1925 of the United States Code, using the organization developed for the federal government by West.","PeriodicalId":209770,"journal":{"name":"The Yale Law School Guide to Research in American Legal History","volume":"280 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114488567","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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