Copy - Research Process Refresher

Research Process

Refresher

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Summer Skills Research BootcampFIU Law Library May 11, 2024

Road Map

Here's your guide to approaching a new research question at work.

Organization

A New Assignment

Example

Research Process

Recap

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It's 9:30 AM on a Monday, and you have just finished onboarding at your summer position.

You sit down at your desk to have the first sip of your morning cortadito and suddenly . . .

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Your supervisor needs this in TWO DAYS!

• Client is large employer
• Employee of client is suing over supposed "adverse action"
• Younger employee given social media responsibilities over the plaintiff employee
• No change in title or pay
• Both employees have the same degree and qualificiations
• Plaintiff had more seniority in dept.
• Plaintiff suing under the ADEA

Let's Start

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Efficient Research > Faster Research > Organization

What makes research more difficult?

Uncertain Direction

Information Overload

"This is a lot of info, what do I do first?

So many results & sources! I'll never get to everything!

+ info

Ineffective Searches

Unnessary Repetition

I'm getting results but they just don't address my questions.

Wait . . . I've definitely read this before. Was it helpful? I can't remember.

Problema

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Setting Up a Research Plan

Identify the issue or question being asked and write it out at the top

Question

Review all info/facts given and write them out

Facts

Use a space to brainstorm key terms to use in searches -- taken from your facts

Keywords

Draft some initial search strings to get started

Searches

Do a preliminary search for resources using your string --write down likely ones or ones you already know

Resources

Run & log your searches, noting which ones were fruitful. List the relevant resources found and WHY!

Results

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Research Plan Template

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How it works

Analysis

Law

Validate

Primary Law

Secondary Source

Good Law

• KeyCite
• Shepard's

• Treatises
• Practice Guides
• Encyclopedias
• Law Reviews

• Statutes
• Case Law
• Regulations

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+info

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Let's Make Our Plan & Begin Our Research

Who is our client, what is our question and due date?

A client is being sued under the ADEA. We need to file our answer to the plaintiff's complaint in two days. Client is a large employer in the healthcare industry. They recently gave an employee (age 32) social media responsibilities (no title change), over another employee (age 40) with more seniority in the advertising department. Now they are suing our client for age discrimination and arguing they have the same degree and qualifications as the promoted employee. I need you to give me the elements for a prima facie case for age discrimination under the ADEA and law/analysis on if this change in responsibility is a materially adverse action.

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Re: Large healthcare employer suit

Two days from today

Our Research Plan

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Let's Make Our Plan & Begin Our Research

What are the Key facts we can use as Search terms?

A client is being sued under the ADEA. We need to file our answer to the plaintiff's complaint in two days. Client is a large employer in the healthcare industry. They recently gave an employee (age 32) social media responsibilities (no title change), over another employee (age 40) with more seniority in the advertising department. Now they are suing our client for age discrimination and arguing they have the same degree and qualifications as the promoted employee. I need you to give me the elements for a prima facie case for age discrimination under the ADEA and law/analysis on if this change in responsibility is a materially adverse action.

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If you need help with creating search strings . . .

Use the guide below for advanced search terms -- but remember natural language, AI tools, and finding aids are also available!

Common Operators for Advanced Searching:

dog AND bite

dog OR animal

animal %cat

dog /p negligence

dog /s bite

dog /10 liability

liab!

"dog bite"

(dog OR animal) AND (liab! OR negligen!)

withdr*w

/s

OR

AND

/p

/#

" "

( )

Re: Large healthcare employer suit

Two days from today

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• ADEA, federal law
• Age discrimination cited in complaint
• Change in responsibilities
• Younger employee given change over older
• No title or pay change
• Same qualifications

1. What are the elements of a prima facie case for age discrimination under the ADEA?
2. What constitutes a materially adverse action?
3. Need analysis & primary law

• ADEA
• "age discrimination"
• material! /2 "adverse action"
• change /s responsib! OR pay

Our Research Plan

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Let's Make Our Plan & Begin Our Assignment

What are likely resources to use?

1. Topic or area of law?
2. Jurisdiction?
3. Level of depth?

Labor >> employment >> age discriminaton

Federal law >> ADEA

Prima facie, adverse action defined >> introductory or more basic (encyclopedia or general pages of treatise

Re: Large healthcare employer suit

Two days from today

• ADEA, federal law
• Age discrimination cited in complaint
• Change in responsibilities
• Younger employee given change over older
• No title or pay change
• Same qualifications

1. What are the element of a prima facie case for age discrimination under the ADEA?
2. What constitutes a materially adverse action?

• ADEA OR "age discrimination"
• "disparate treatment"

• material! /2 "adverse action"
• change /s responsib! OR pay

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Our Research Plan

AmJur 2d; Causes of Action; Any ADEA or Labor law treatises

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Diving into Westlaw

Let's use Westlaw to find a relevant source and work our way through the research process steps:

Secondary Source

Something to explain the law to us

Primary Law

Cases, statutes, rules

Validate

Is it good law/still in effect?

Re: Large healthcare employer suit

Two days from today

• ADEA, federal law
• Age discrimination cited in complaint
• Change in responsibilities
• Younger employee given change over older
• No title or pay change
• Same qualifications

1. What are the element of a prima facie case for age discrimination under the ADEA?
2. What constitutes a materially adverse action?

• ADEA OR "age discrimination"
• "disparate treatment"

• material! /2 "adverse action"
• change /s responsib! OR pay

AmJur 2d; Causes of Action; Any ADEA or Labor law treatises

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Our Research Plan

("age discrimination" OR ADEA) AND change /s responsib!

• HR Series Fair Employment §14:30
• "But for" age test
• Welsh v. Fort Bend, 941 F.3d 818
• Change is responsibilies ≠adverse action
• 29 U.S.C. § 623
• adverse action cases, Boney

5/11/24

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Key Take Aways:

Employ the 3 step Research Process

Amend & Revise as Needed

Use a Research Plan

Good Luck this Summer!

Thanks

for your attention!

Research Process Refresher

The best solution is to use the research process and keep track of your search methods and sources.

• Use a research plan to outline your question and research steps
• Keeps sources organized
• Provides brainstroming space
• Keeps track of searches
• Help you avoid repetition and bad searches