We haven’t asked our students to buy a textbook in advanced legal research for a long time. The existing books are just too darn expensive. But a new book crossed my desk today that looks particularly useful for teaching legal research; it is: The Law of Superheroes (catalog record copied below).
This book starts with three pages explaining “Legal Sources and Citations” that explain legal citation about as well as anything I’ve seen. It also points the reader, presumably the lay reader, to sources of free law: Google Scholar for legal opinions; Cornell’s LII for the United States Code. Peter Martin is cited on page xiii, so this tells me the authors know their research!
Throughout the book are wonderful footnotes explaining, in the clearest language possible, different aspects of legal research. For example, footnote #4 on p. 113:
. . . Restatements of law are scholarly works that attempt to set forth the majority position on particular areas of law or recommended changes to the majority position. They mostly cover subjects that are still primarily common law rather than those based on legislation. The Restatements are not law themselves, but courts often find them persuasive, and many sections of various Restatements have been adopted as law by state courts.
The section on immigration (is Superman a citizen?) offers a great explanation of private laws:
Private Acts of Congress
There’s another way that someone can become a citizen without going through the immigration process: a “private act” of Congress, i.e., a law targeting a specific person and declaring him or her to be a citizen.[fn 9] Although unusual today, private acts have a long history in the United States.[fn10] . . . As a matter of fact, in at least one story, Superman is granted citizenship by every country in the world, presumably by their respective versions of a private act of Congress. . . .
9. . . . These bills are not very common, nor are they usually passed, but it happens.
10. In fact, for decades after the founding of the country, private acts by state legislatures were the only way for a legitimate 9i.e., non-annullable) marriage to be dissolved. Similarly, prior to the passage of general incorporation statutes, which create the procedures by which corporations may be chartered with state-level secretaries of state, creating a corporate entity required an act of the state legislature.
The sections on international and interplanetary law are really fun, and explain the very basics of “law” itself:
The important thing to remember about international law . . . is that international law is a matter of custom and practice as much as it is anything else. This is true of domestic law as well, and is really the reason the common law exists: a “law” is, essentially, a custom or tradition that is enforced by a government. In the case of common law that tradition is built up by the decisions of the courts. . . .
I may have more to add later, as I’m taking this book home with me for the Thanksgiving break.
Here’s its catalog record:
The law of superheroes / James E. Daily and Ryan M. Davidson.
At the Library:
Crown (Law) > Basement > PN56 .L33 D35 2012