Getting Started
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Because legal citation and publication didn't become regularized until the 19th century, researching early cases and laws can seem overwhelming. This guide contains suggested sources to help get you started.
Archives Links
If the material you need isn't available here, it might be available from the state or federal archives.
- Archives Library Information Center- Directory of State ArchivesDirectory of state libraries and archives, provided by the U.S. National Archives.
Online Research Guides
Print Research Guides
The Yale Law School Guide to Research in American Legal History by ISBN: 9780300118537Publication Date: 2018- Bibliography of Early American Law (BEAL) byCall Number: Reference KF1 .C58 1998ISBN: 1575882337Publication Date: 1998In print and online via the Hein Online Legal Bibliography Collection
- The lawyer's reference manual of law books and citations byCall Number: Reference KF240 .S68x 1953Publication Date: 1953
Prestatehood Legal Materials by Call Number: Reference KF240 .P688 2005ISBN: 0789020564Publication Date: 2006In print and online via HeinOnline- Pimsleur's Checklists of basic American legal publications byCall Number: Reference KF2 .P56xPublication Date: 1984-
Books and Journal Articles
Finding Articles
- America: History and Life (ABC-CLIO)Indexes journal articles on American history.
- Law Journal Library (HeinOnline)Access via HarvardKey.
Full-text, page image access to law reviews and journals. Coverage begins with a journal’s first volume but does not usually include its most recent issues. Use the HeinOnline ScholarCheck citator to locate bar journals and law reviews that cite an article. - LegaltracAccess is available on the Harvard Law School campus. Off-campus access is available to current HLS affiliates and controlled by Harvard Key.
LegalTrac provides citations to articles in over 1,000 legal periodicals published since 1980. LegalTrac covers law reviews, bar association journals, legal newspapers, and international legal journals. It also covers law-related articles from about 1,000 additional business and general interest titles. Geographical coverage includes the U.S., Australia, Canada, Ireland, New Zealand and the United Kingdom. - Index to Legal Periodicals and Books (EBSCO)Access via HarvardKey.
The Index to Legal Periodicals & Books (ILP) provides citations to articles in over 800 legal periodicals, including law reviews, bar journals, yearbooks, institutes, and government publications. In 1994, ILP began indexing legal books and now includes approximately 2,000 per year. Check access in Westlaw.
Historical Newspaper Sources
- ProQuest Historical NewspapersIncludes the New York Times, the Boston Globe, and other major newspapers. Dates of coverage vary by title.
- Historical Newspapers OnlineIndexes, including full-text of the London Times 1800-1870
Books About American Legal History
There are many books written on American legal history. These two give a general overview. You can also search or browse HOLLIS for more specific titles.
- Transformation of American Law 1780-1860 by Morton HorwitzIn print at Law School KF366 .H6 (HOLLIS:00344228)
- Cambridge History of Law in America (3 volumes)Also in print at Law School KF352 .C36 2008x (HOLLIS:011381138)
Historical Legal Treatises
Early treatises can be an important source for discovering the law and early cases.
- HeinOnlineThe Legal Classics Library contains a number of historically significant treatises
- Making of Modern LawLegal treatises from the United States and Great Britain.
- 18th Century Collections Online - SEE: Eighteenth Century Collections OnlineExtensive collection of eighteenth century British sources, not limited to law. Useful for the colonial period.
- Early American Imprints, Series 1 (1639-1800)Comprehensive collection of works published in America between 1639 and 1819.
- LLMC DigitalLLMC includes a number of treatises in it's Multi Jurisdictional Subject Collection. The British Empire Studies Collection includes a number of works relevant to the colonial period.
- HOLLIS ClassicSearch HOLLIS to identify possible print sources. Use the expanded search to combine your subject keywords and a date range.
Finding Cases
Nominative Reporters
If you find case citations in early cases and treatises, they often don't follow the modern standardized citation format.
Early collections of case decisions were cited by the name of the clerk who reported the cases. For example, you may see Marbury v. Madison cited as 1 Cranch 137 after William Cranch, the reporter for the U.S. Supreme Court from 1801-1815. Frequently, the nominative report was later renumbered or republished into one of the modern official reporters. Marbury is now cited as 5 U.S. 137.
Here are some tips for finding and interpreting early nominative reporter cites:
- *If possible determine the jurisdiction. Table 1 of the Bluebook lists many of the nominative state and federal reporters by jurisdiction.
- *Use an abbreviation index or dictionary to decipher the abbreviation.
- *Use tools to search case databases by party name instead of citation. Check alternate spellings of the party names.
- *Try finding the case cited in a more modern source with standardized citations.
- *Check the treatise to see if the author provided a table or guide to the abbreviations used in the text.
Deciphering Legal Abbreviations
- Cardiff Index of Legal AbbreviationsThe Cardiff Index of Legal Abbreviations is a searchable online database of English language legal publications. It is particularly useful for identifying citations of cases, statutes and legal periodicals from the British Isles, the Commonwealth and the United States
Subject Digests
Digests are a useful tool for finding case citations organized by subject. Use these general digests to identify early cases, or search HOLLIS or full-text databases to find subject-specific digests.
- United States Annual Digest for the years...Print: At the Law School Depository
Covers 1847-1888
Selected volumes available on Google Books
See also http://hollis.harvard.edu/?itemid=|library/m/aleph|008204146 - Century Edition of the American DigestCovers cases from 1658-1896
Sources for Early Case Law
Several historical databases include early case reporters and collections of laws:
- HeinOnlineSeveral Hein Online libraries include early case reporters, including:
* Legal Classics Library
*New York State Legal Research Library
*The English Reports
- LLMC DigitalLLMC Digital includes a number of early case law reporters organized by state. Tools on the home page let you jump to a specific nominative reporter citation or search by case name.
- Early American Imprints, Series 1 (1639-1800)Comprehensive collection of works published in America between 1639 and 1819.
- 18th Century Collections Online - SEE: Eighteenth Century Collections OnlineExtensive collection of eighteenth century British sources, not limited to law. Includes some early case reporters and digests.
- Google BooksSome early reporters are available on Google Books
- HOLLIS ClassicSearch HOLLIS Classic to find nominative reporters that you haven't been able to locate in a database.
*Use the expanded search
*Search for Subject = Law Reports AND Keyword = [reporter's last name]
Statutes and Codes
Legislative History Sources
If you are looking for sources for congressional documents and other legislative history materials, please see our Federal Legislative History Guide.
- Research Guide for Federal Legislative HistoryTo find additional early congressional documents and sources for legislative history, please consult this research guide.
Online Document Collections
- The Avalon ProjectDocuments in Law, History and Diplomacy
Deciphering Legal Abbreviations
- Cardiff Index of Legal AbbreviationsThe Cardiff Index of Legal Abbreviations is a searchable online database of English language legal publications. It is particularly useful for identifying citations of cases, statutes and legal periodicals from the British Isles, the Commonwealth and the United States
Sources for Early Statutes and Codes
Several historical databases include statutes and codes:
- HeinOnlineSeveral Hein Online libraries include statutes and codes reporters, including:
* Legal Classics Library
*New York State Legal Research Library
*The English Reports (including the Statutes of the Realm)
*U.S. Code and Statutes at Large
*State Session Laws
- LLMC DigitalLLMC Digital includes early codes, session laws and other state documents organized by state.
- Making of Modern Law: Primary Sources, 1620-1926Contains state and municipal codes, constitutional material and other legal history sources.
- Early American Imprints, Series 1 (1639-1800)Comprehensive collection of works published in America between 1639 and 1819.
- 18th Century Collections Online - SEE: Eighteenth Century Collections OnlineExtensive collection of eighteenth century British sources, not limited to law. Includes some case reports. Includes several editions of Ruffhead's English Statutes at Large. Useful for the colonial period.
Constitutional History
In addition to the databases listed under Statutes and Codes, the following sources can be useful for state and federal constitutional history.
- CIS State constitutional conventions [microform].Law School Mic KF4530 .C57x 1979 (Drawer 867)
- The NBER/Maryland State Constitutions ProjectOnline portal to the texts of state constitutions
- World Constitutions Illustrated (HeinOnline)Access via Harvard Key.
HeinOnline World Constitutions Illustrated provides access to contemporary and historical documents, as well as resources of interest to scholars researching the constitutional and political development of the nations of the world. World Constitutions Illustrated includes, for each nation represented copies of the current constitution in its original language format accompanied by at least one English translation, secondary materials related to constitutional law and history, and links to online sources such including official government websites.
Jurisdiction: Global
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