Wetlands and Zoning Litigation
***THIS is an ARCHIVED guide. It may contain BROKEN links. Its value is HISTORICAL only.***
Resources for the Writing Seminar in Wetlands and Zoning Litigation
(Prepared for Professor Daniel Mandelker's Fall 2005 Seminar)
© 2005 Dora Bertram, Director of Public Services and Lecturer in Law
adapted by Anne Cleester Taylor, Reference Librarian, Washington University Law Library
The Major Statutes
Technical Note: the USC citations below link you to Lexis/Nexis--you must have your password. The secondary links take you to the EPA's free website.
Technical Note: The following links require your Lexis/Nexis and Westlaw passwords.
Federal Lands Recreation Enhancement Act, [Part of the Consolidated Appropriations Act, 2005; P.L. 108-447]
CIS-NO: 2004-H653-98, CIS-DATE: November, 2004,
SOURCE: Committee on Resources. House, DOC-TYPE: Report, DOC-NO: H. Rpt. 108-790, pt. 1,
DATE: Nov. 19, 2004, LENGTH: 29 p., SUDOC: Y1.1/8:108-790/PT.1, CIS/Index
Am Jur and ALRs: (from lexis/nexis)
19 ALR 4th 756, Zoning, local use; zoning of wetlands or flood plain as taking without compensation
23 A.L.R. 5th 834. Local use zoning of wetlands or flood plain as taking without compensation
44 A.L.R. 4th 366. Local use zoning of wetlands or flood plain as taking without compensation
46 ALR 3d 1422, Environmental law, validity, construction, and application of enactments restricting land development by dredging or filling
16A Am Jur 2d CONST LAW § 318, Constitutional Law, VIII. Police Power [§§ 313-384], A. In General [§§ 313-328], 2. Nature [§§ 317-323], a. In General [§§ 317-320], § 318 Distinctions between police and other governmental powers, American Jurisprudence, Second Edition, Copyright (c) 2004 West Group
16A Am Jur 2d CONST LAW § 358, Constitutional Law, VIII. Police Power [§§ 313-384], B. Limitations on Police Power [§§ 329-360], 4. Particular Constitutional Provisions As Imposing Limitations [§§ 352-360], § 358 Appropriation of private property, American Jurisprudence, Second Edition, Copyright (c) 2004 West Group
Environmental Law in a nutshell. [Reserve KF 3775 .Z9 F56 2004]
A West Nutshell covering the basics in environmental law.
Environmental Law Handbook. [Reserve KF 3775 .E473 1997]
Broad overview of each major component of environmental law--an excellent starting point.
NEPA Law and Litigation. Daniel Mandelker. 2nd. ed. New York, N.Y. : Clark Boardman Callaghan [Westlaw], c1992. 1 v. (loose-leaf).
Law Reserve KF 3775 .M 37 1992
Treatise on Environmental Law. Frank P. Grad. New York : M. Bender [lexis/nexis], 1973- .v. (loose-leaf)
Law Reserve KF 3775 .G7
Remember that running your primary sources through a citator is an important step in your research process. Citators will:
verify that your case or statute is still good law
- expand your research
|Title||Legal writing in a nutshell / by Lynn Bahrych, Marjorie Dick Rombauer.|
|Published||St. Paul, Minn. : Thomson/West, 2003.|
|[Law Library Reserve KF250 .S68 2003]
See Ch. 9, "Argumentative Memoranda and Persuasive Writing"
|Author||Re, Edward Domenic|
|Title||Brief writing & oral argument / by Edward D. Re and Joseph R. Re.|
|Published||Dobbs Ferry, N.Y. : Oceana Publications, 1999.|
|[Law Library Reserve KF251 .R4 1999]|
|Author||Aldisert, Ruggero J.|
|Title||Winning on appeal : better briefs and oral argument / by Ruggero J. Aldisert.|
|Published||Notre Dame, Ind. : National Institute for Trial Advocacy, c2003.|
|[Law Library Reserve KF9050 .A935 2003]|
|Author||Oates, Laurel Currie|
|Title||The legal writing handbook : analysis, research, and writing / Laurel Currie Oates, Anne Enquist, Kelly Kunsch.|
|Published||New York : Aspen Law & Business, c2002.|
[Law Library Reserve KF250 .O18 2002]
See Ch. 9 "Writing an Appellate Brief"
TITLE: Some random thoughts on brief writing.
AUTHOR: Kapelke, Robert J.
Publication Date: January 2003. Page: 29-26.
32 Colo. Law. 29
TITLE: Appellate brief writing in the Eighth Circuit. (U.S. Court of Appeals for the 8th Circuit).
AUTHOR: Owens, Dennis. Publication Date: March-April 2001. Page: 75(10).
57 J. Mo. B. 75
TITLE: Judges on briefing: a national survey.
AUTHOR: Garner, Bryan A. Publication Date: Annual 2001. Page: 1-34.
8 Scribes J. Legal Writing 1
TITLE: Wisdom's idiosyncrasies. (transcript of Judge John Minor Wisdom's grammatical preferences for legal writing taken from a May 31, 1990 manuscript) (Transcript).
AUTHOR: Wisdom, John Minor. Publication Date: April 2000. Page: 1273.
109 Yale L.J. 1273
TITLE: Pursuing quality: writing a helpful brief. (Appellate Law in the New Millennium: Bridging Theoretical Foundation with Practical Application).
AUTHOR: Duncan, Sarah B. Publication Date: Summer 1999. Page: 1093-1136.
30 St. Mary's L.J. 1093
TITLE: Points to ponder before writing your next appellate brief.
AUTHOR: Walsh, Michael G. Publication Date: June 1998. Page: 15(10).
44 Prac. Law. 15
TITLE: The art of writing a really bad brief.
AUTHOR: Weis, Joseph F., Jr. Publication Date: October 1996. Page: 39(2).
43 Fed. Law. 39
TITLE: The art of persuasive legal writing: briefs come alive when every word sings to the reader.
AUTHOR: McElhaney, James W. Publication Date: January 1996. Page: 76(2).
82 A.B.A. J. 76
TITLE: Hints on writing law court briefs from some people who read them.
AUTHOR: Carnathan, Sean T.; Kemble, Karen T. Publication Date: September 1994. Page: 318(6).
9 Me. B.J. 318
1. Briefs on Microfiche
We have a collection of Supreme Court Records and Briefs on microfiche. This includes the Applications for Writ of Certiorari, Briefs and Amicus Curiae Briefs.
Step-by-Step Instructions for Finding Records and Briefs on Microfiche/Microfilm
2. Briefs Online
Briefs on Westlaw
Legal briefs on Westlaw include briefs, joint appendices and petitions for certiorari from the U.S. Supreme Court (1976 to the present and selected coverage back to 1871), U.S. Court of Appeals (selected coverage from 1976 to the present). Briefs from several states including California, New York, Florida, Illinois, Massachusetts, Texas, Pennsylvania are among a growing list of state filings. Some Trial Court, District Court, and Bankruptcy Court Filings, including motions and pleadings, have been added to the Westlaw menus.
You'll find direct links to legal briefs from cases in Westlaw. Relevant legal briefs are also listed in the KeyCite® references for any case you cite.
Full text Briefs and Amicus Curiae Briefs are available on Westlaw (Database SCT-BRIEF) and on Lexis/Nexis (Source: US Supreme Court Briefs). The advantage here is that you can word search the briefs (e.g., all briefs containing the term "NEPA").
|Database Name: U.S. Supreme Court Briefs
Database Identifier: SCT-BRIEF-ALL
|Source Name: U.S. Supreme Court Briefs
Source Locator: Area of Law - By Topic > Litigation > Cases > Trial Transcripts & Briefs > U.S. Supreme Court Briefs
|Database Name: United States Court of Appeals Briefs
Database Identifier: CTA-BRIEF
|Database Name: All State Briefs
Database Identifier: (STATE-BRIEF-ALL)
|Database Name: Briefs Multibase
Database Identifier: BRIEF-ALL
(combination of the three databases above)
|Source Name: Brief Reporter
Source Locator: Area of Law - By Topic > Litigation > Cases > Trial Transcripts & Briefs > Brief Reporter
(Brief Reporter publishes legal briefs obtained from attorneys throughout the country. Currently over 5,000 briefs are available online.)
If you need any additional research assistance, you can contact me at 935-6484, firstname.lastname@example.org or stop by my office in Room 455G in the Library.
You may also ask any of our reference librarian's for assistance. You can find a reference librarian at the reference desk, or stop by one of our offices. Follow the link to the Reference Page for hours and locations.