An Introduction to California Legal Resources, 0320 COBJ, Vol. 49, No. 3 Pg. 10

• Author: BY LISA SCHULTZ
• Position: Vol. 49, 3 [Page 10]

49 Colo.Law. 10

An Introduction to California Legal Resources

Vol. 49, No. 3 [Page 10]

Colorado Lawyer

March, 2020

LEGAL RESEARCH CORNER

BY LISA SCHULTZ

In California, there’s a saying: “A s California goes, so goes the nation.” As with all sayings, its veracity is up for debate. However, it is clear that while the nation may not ultimately “go” in the same direction, California’s laws often do at least inform the discussion. In its 2019 legislative session the California legislature enacted 870 bills.¹ The impact of many of these new laws will be felt far beyond the borders of California. For example, California became the first state in the country to allow college athletes to be paid for endorsements and the use of their image. Within days, multiple states had similar bills introduced in their state legislatures.² Colorado lawmakers have promised to introduce a bill in the 2020 session.³ Recently, California fled a lawsuit challenging the Trump administration’s move to roll back California’s vehicle emissions standards. Colorado adopted California’s low-emission vehicle standard⁴ and joined the lawsuit.^[5] Additionally, the reach of California’s Consumer Privacy Act (CCPA), the groundbreaking data privacy law that went into effect on January 1, 2020, is still unclear, though experts expect it to have a nationwide impact.⁶

Due to the reach of California’s laws, Colorado legal researchers are likely to encounter a California legal research project.⁷ This article explores some California-specific resources and tools available to Colorado legal researchers who confront questions involving California law or a Colorado research problem that originated with a California law. All of the resources discussed in this article are free, except those within the section on California-specific secondary sources.

Secondary Sources

When researching an unfamiliar area of law, most researchers will begin in a secondary source. This section serves as an introduction to the many state-specific resources that are available.

Online Research Guides

Online legal research guides are often a great starting point. These guides are prepared by law librarians and provide in-depth coverage of California legal resources. Te guides produced by the following law libraries are excellent resources:

■ the Loyola Marymount University, Loyola Law School, Los Angeles library⁸

■ the University of California, Los Angeles library⁹

■ the University of Southern California library¹⁰

■ the Georgetown University Law Library.^[11]

California-Specific Secondary Sources

Anyone tasked with researching substantive California law should be familiar with the following resources, which are searchable via paid subscription services:

■ Witkin treatises. The first stop for most new California attorneys. Includes California Criminal Law, California Evidence,

California Procedure, and Summary of California Law. Published by Thomson Reuters. Available on Westlaw and LexisNexis.

■ California Jurisprudence, 3d. California’s general legal encyclopedia. Published by Tomson Reuters. Available on LexisNexis and Westlaw.

■ Rutter Group Practice Guides. A go-to resource for both California and federal issues, covering over 40 topics, from California criminal procedure to public sector employment litigation. Published by Tomson Reuters. Available on Westlaw.

■ Matthew Bender California Practice Guides. Set of 15 California-specific practice guides, covering family law to wage and hour law. Published by Matthew Bender & Company, Inc. Available on LexisNexis.

■ CEB resources. Over 100 practice guides and form books written by California attorneys. Extensive coverage with a focus on civil litigation, criminal law, estate planning, business law, and property. Published by CEB. Available on CEB OnLaw¹² (some titles also available on LexisNexis).

Primary Sources

There are a variety of free government websites that provide access to California primary law. While locating current laws is relatively simple, the researcher will have mixed success conducting historical research.

California Constitution

Te original California Constitution was adopted in 1849. In 1878, a second constitutional convention was held, and 152 delegates drafted the second, and current, California Constitution, which was adopted in 1879. The California Constitution can be found in the annotated California Codes (see below). A searchable version of the current constitution is also available on the California Legislative Counsel’s website.¹³

Te California Constitution can be amended by legislative proposal, by elector-proposed or initiative-proposed amendment, or by constitutional convention. The UC–Hastings Law Library maintains a database of California ballot propositions and initiatives (1911–present).¹⁴ This database includes the full text and PDFs of the propositions and initiatives, as well as ballot pamphlets and related legal and legislative history. (See Figure 1.)

California Statutes

Te laws of California consist of acts passed...