Advanced Immigration Law and Citizenship Research SPRING 2012 S H I K H A G U P TA J O S E P H : [email protected] Preemption Literature Check A preemption check is a thorough process for determining whether there is another article that has already been published on your topic. Purpose of preemption check:
Saving time and resources to confirm that your topic will cover new ground. Provides alerts to any impending statutes or case law that would render your topic meaningless. How to conduct a preemption check? Conduct a check following these steps:
Construct a list of keywords and subject headings on the topic Maintain a record of all databases searched with
found journal citations, articles etc. Search law review databases Run queries in periodical indices Examine works in progress, working papers, and preprints Books and book chapters Current awareness tools Analyze and conform the results with your topic Law Review Databases Westlaw (TP-ALL, JLR) Example: TP-ALL keyword search: (transsex! transgend! transvest!) /10 immig! /10 detention
Lexis (Law Reviews, CLE, Legal Journals & Periodicals, Combined) HeinOnline Non-law databases: Academic Search Premier, JSTOR, and other multidisciplinary from Axinn databases Periodical Indices Index to Legal Periodicals (current and retro) Example: same sex and sponsor LegalTrac Current Index to Legal Periodicals
Index to Foreign Legal Periodicals Works in Progress, Working Papers and Preprints For scholarly working papers, forthcoming law review articles, think tank articles (new and very recent research): Legal Scholarship Network (SSRN) Example: sexual orientation asylum Google Scholar
Example: surrogacy and citizenship Berkeley Electronic Press (Bepress) Books and Books Chapters Lexicat Hofstra University Libraries Catalog Example: immigration detention WorldCat Current Awareness Tools and Blogs Lexis-alerts, Sherpardize, CourtLink Westlaw-various alerts at Alert Center, Keycite U.S. Law Week (BNA)-status of Supreme Court
Statutes Federal Regulations Federal Register Code of Federal Regulations Agency Decisions Judicial Decisions
Secondary Sources Treatises and casebooks Journal & law review articles Statutes Which statutes are applicable? Treatises Immigration Law Research Guides (for example, NYU Law Library's guide) U.S. Citizenship and Immigration Services(USCIS) Index to USCA or USCS Relevant governing laws:
Title 8: Immigration and Nationality Act (INA); Aliens & Nationality Title 18: Criminal Law and Procedure Where can I locate the relevant statutes? Federal Immigration Laws and Regulations, Law Classified, KF4805.99 .U54 2011
United State Code - available in print or on Fdsys (http://www.gpo.gov/fdsys/) United States Code Annotated (USCA) available in print or in Westlaw United States Code Service (USCS) available in print or in Lexis Legislative History U.S. Code Congressional and Administrative New Service-print (Reading Room KF48 .U5) and Westlaw (USCCAN) HeinOnline-U.S. Federal Legislative History
Lexis: Congressional Full Text Bills - Current Congress; Bill Tracking Report - Current Congress Westlaw: CONG-BILLTXT; US-BILLTRK; FIMBILLTXT Role of Federal Agencies Rulemaking (regulations published in the Code of Federal Regulations) Adjudication (administrative decisions) Which Agencies?
Department of Homeland Security-in charge of Citizenship & Immigration Services; Immigration & Customs Enforcement is responsible for enforcing immigration and customs law (http:// www.ice.gov/index.htm) Department of State-authority of visa issuance, country information, various reports Department of Justice-Executive Office for Immigration Review (immigration court system), employment discrimination matters Department of Labor-alien labor certification process and appeals
Federal Regulations Federal Register Code of Federal Regulations Locating Federal Regulations Code of Federal Regulations print and online at Lexis, Westlaw, HeinOnline, FedSys Relevant volumes might include:
Aliens and Nationality Regs: Title 8 Justice Dept Regs: Title 28 Labor Dept Regs: Title 20, 29 Health & Human Serv Regs: Title 42 Federal Register Code of Federal Regulations print Lexis Westlaw HeinOnline FedSys
Agency and Judicial Decisions Search First, choose a database. (Click on Search tab on Lexis; click on Directory on Westlaw) Select jurisdiction (if applicable) Construct terms and connectors search Use thesaurus, key terms suggested by database or other sources, headnotes Limit by dates if helpful
Agency Decisions Board of Immigration Appeals Decisions Administrative decisions under immigration and nationality laws, Law Classified KF4812 .A2 Benders Immigration Case Reporter KF 4815 .I46 Heins Cumulative Index to Interim Precedent Decisions of the Board of Immigration Appeals, Law Classified KF4812.7 .H45
HeinOnline: U.S. Federal Agency Documents, Decisions, and AppealsAdministrative Decisions under Immigration and Nationality Laws LexisNexis: Federal Immigration Agency Decisions; Immigration Precedent Decisions Westlaw: FIM-BIA Administrative Appeals Office Benders Immigration Case Reporter KF 4815 .I46
LexisNexis: Federal immigration agency decisions; Immigration Non-Precedent Decisions: BIA, AAO/AAU Westlaw: FIM-AAU Office of the Chief Administrative Hearing Officer Benders Immigration Case Reporter KF 4815 .I46 Lexis: Office of Chief Administrative Hearing Officer Immigration Review Decisions Westlaw: FIM-OCAHO
Board of Alien Labor Certification Appeals Decisions Immigration Law and Procedure: BALCA Deskbook Summaries of decisions in Volume 13, Law Classified KF 4819 .G6 Lexis: Immigration Law & Procedure - BALCA Deskbook Interpreter Releases includes BALCA summaries, Law Classified KF4802 .I58 Westlaw INTERREL database
Benders Immigration Case Reporter KF 4815 .I46 Lexis: Board of Alien Labor Certification Appeals Decisions Westlaw: FIM-BALCA Judicial Decisions Benders Immigration Case Reporter KF 4815 .I46 Federal Reporter, Federal Supplement, Supreme Court Reporter: Law Reading Room Lexis: USAPP; databases for individual circuits;
IMMIG; Federal Immigration Cases and Federal Immigration Cases & Agency Decisions Westlaw: CTA; databases for individual circuits; FIM-CS and IM-CS Example: j-1 visa and stay Secondary Sources Treatises and casebooks-for background information Immigration and Citizenship Process and Policy/ Thomas
Alexander Aleinikoff et al., Law Reserve KF4818 .A43 2012 Immigration Law and Procedure in a Nutshell / by David Weissbrodt et al., Law Reserve KF4819.3 .W4 2011 Essentials of Immigration Law/Richard A. Boswell, Law Classified KF4819 .B67 2006 Immigration Fundamentals : a guide to law and practice/Austin T. Fragomen et al., Law Classified KF4819 .F72 Kurzban's immigration law sourcebook : a comprehensive
outline and reference tool / Ira J. Kurzban, Law Classified KF4819.3 .K87 2010 To Find a Treatise Online Westlaw: click on Directory and enter the title or words in the title, or immigration law in search box; go to DirectoryTopical Practice AreasImmigrationForms, Treatises, CLEs and Other Practice Material (use I link to check description, author, title, updating) Lexis: click on Find a Source tab; same
process; go to Legal > Area of Law - By Topic > Immigration > Search Analysis, Law Reviews & Journals (use I link to check description, author, title, updating.) Journals and Law Reviews Index to Legal Periodicals Index to Foreign Legal Periodicals LegalTrac HeinOnline: Law Journal Library Lexis: Law Reviews, CLE, Legal Journals & Periodicals, Combined; Immigration Law
Review Articles, Combined Westlaw: TP-ALL; JLR; IM-TP Statistics, Reports and other Data TRAC DHS-provides latest information on DHS convictions, immigration and customs enforcement data, numerous DHS tables and reports. http://trac.syr.edu/tracdhs/
Immigration statistics http://www.dhs.gov/files/statistics/immigration.shtm Organizations ABA Commission on Immigration Policy, Practice and Pro Bono: http ://www.abanet.org/immigration/ American Immigration Lawyers Association: http ://www.aila.org Center for Immigration Studies: http:// www.cis.org The Federation for American Immigration
Reform (FAIR): http://www.fairus.org/ National Immigration Law Center: http://www.nilc.org/ Questions? Help using databases, locating sources, using microforms: Ask Shikha or another Reference Librarian for help Appointments: [email protected] or tel. 516-463-5851
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