Legal research remains a crucial and often challenging component of the legal profession. In the digital age, this task requires a sophisticated legal search engine. While numerous commercial research platforms exist, Google Scholar offers a valuable and free legal resource for attorneys, law students, and the general public.
Effective utilization of Google Scholar for legal research hinges upon an understanding of its inherent strengths and limitations. This article explores the functionality of the Google Scholar case law database and offers guidance on its optimal use.
Understanding the Google Scholar Platform
Google Scholar debuted in 2004 as a freely accessible search engine dedicated to scholarly materials across various subjects. In 2009, court opinions were integrated into its database, becoming searchable via the dedicated “case law” option. This addition provided the first substantial free alternative to commercial legal research tools such as Westlaw and LexisNexis.
What Constitutes Case Law on Google Scholar?
When a user accesses Google Scholar, the platform presents a choice between searching “articles” or “case law.” The articles option provides access to academic journals and scholarly writing, while the case law option allows the user to search for judicial opinions from numerous federal and state courts.
After selecting the case law option, search terms can be entered just as in a typical Google search. The platform permits the user to confine the search to federal courts or the state courts within a specific jurisdiction. Alternatively, a user may navigate to the “Select courts” screen to choose a custom selection of state and federal courts across different levels. This feature allows for dramatically narrowing a court search; for instance, targeting opinions from the Alabama Court of Civil Appeals, the Nevada Supreme Court, or the Fifth District Bankruptcy Courts.
Searching for Case Law on Google Scholar
One distinct advantage of the Google Scholar case law database is its simplicity. The user interface is straightforward, enabling an attorney or law student to quickly grasp the capabilities of this tool with some practice.
Executing a Case Law Search
After navigating to the Google Scholar website in a web browser, a user will find a selection interface right below the search bar, allowing a click on either “Articles” or “Case Law.”
Upon clicking “Case Law,” the user is presented with options to select federal courts or the courts of the local jurisdiction, such as “California courts.” A third option, “Select courts,” directs the user to a display of federal and state courts at various levels, enabling a more customized search. Terms can be entered into the search bar at any point after the initial court selection, and the court parameters can also be modified even after the initial search results are displayed.
Search by Citation
To search by a specific case citation, the user simply enters the citation into the Google Scholar search bar. The case will appear in the search results. Clicking on the result allows the user to read the full text of the judicial opinion.
It is important to recognize that Google Scholar lacks some viewing features available in commercially accessible legal research tools, such as Westlaw or LexisNexis. For example, the user will not see any case synopses or headnotes.
Search by Keyword
Case law can also be searched by keyword. The most direct method is using the actual case name; for example, searching for Roe v. Wade will locate the opinion without requiring the citation. Keywords can also be utilized to search the full text of judicial opinions for specific subjects, such as “qualified immunity” or “hostile work environment.” Utilizing the “Select courts” option to narrow the search results is particularly helpful when conducting keyword-based subject research.
Utilizing the “How Cited” Feature
On the case viewing page, the platform displays a link labeled “How cited.” Clicking this link reveals all other judicial opinions within the Google Scholar database that have cited the currently displayed case.
A limitation of this feature is that it does not immediately indicate how each citing case treated the displayed case. The user cannot tell whether the opinion cited the case approvingly or disapprovingly, or if it overruled the opinion in whole or in part. The citing opinion must be read to ascertain this information. Otherwise, a case citator—a research tool used to determine if a case remains valid law, such as the commercially available Shepard’s Citations and KeyCite—is needed.
Content and Efficacy of Google Scholar Opinions
The Google Scholar search engine incorporates an extensive range of judicial opinions from state and federal courts. Federal opinions include every U.S. Supreme Court opinion since the court’s founding in 1791, as well as opinions from all other federal courts (district appellate tax bankruptcy) since 1923. At the state level, Google Scholar hosts every state supreme court and appellate case since 1950.
Is Google Scholar Adequate for Legal Research?
Google Scholar is an effective tool for legal research provided its limitations are acknowledged. It successfully locates a wide variety of judicial opinions from many courts using either the citation or party names. However, researchers must review other opinions citing a case to confirm that it remains good law. Furthermore, searching by legal topic often yields mixed results.
The primary advantage of Google Scholar for legal research is that it offers an extensive database of federal and state judicial opinions at no cost. The most common criticism is its lack of a comprehensive feature to fully verify the continuing validity of a case, often referred to as “Shepardizing.” Checking the status of a case will require extra effort from the researcher.
Do Attorneys Use Google Scholar?
Attorneys do utilize Google Scholar for research, but they must do so with awareness of its limitations. For simply looking up a specific case, the Google Scholar case law database is an excellent resource. For more complex or advanced searches, legal professionals may consider exploring paid options for legal search tools.
Additional Tips for Effective Use
While Google Scholar is a powerful research tool, a few additional tips can enhance its effectiveness.
Carefully Review Case Citations
As mentioned, the “How cited” tab displays cases that have cited the case in question but does not specify how they treated it. The user will not know the reason for the citation without reading the citing case.
Accordingly, the researcher must carefully review the citing cases to ensure the original case is still good law and can be accurately referenced. Otherwise, using a case citator is necessary to confirm the case’s validity.
Understand Search Limitations
Users should be aware of key limitations in Google Scholar searches. While using keywords to search for legal topics can be helpful, many users report mixed results. For instance, the seminal case on a particular subject may appear far down the list of results. Google Scholar also appears to have difficulty accurately searching for code citations.
Citing a Case Found in Google Scholar
To cite a case discovered in Google Scholar, adherence to the rules of the Blue Book or the Association of Legal Writing Directors (ALWD) is permissible. Google Scholar citations are generally reliable enough that the normal legal citation may be used without needing to specify the platform where the case was found.
Human&Legal understands the importance of accessible legal research. Google Scholar case law provides a comprehensive database and a potentially powerful research tool. For legal professionals and law students willing and able to conduct the thorough work required to ensure a case is good law, Google Scholar serves as an excellent resource.
