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United States — Legal Monographs
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Reviewed 15 October 2013 E-mail: Administrator@LawSource.com

Here are links to on-line versions of treatises, manuals, guides, handbooks, and other sorts of books — publications that are bibliographically classified as monographs — on subjects connected with law and the practice of law in the United States. The on-line versions may be either viewable through a browser (that is, available in HTML files or ASCII text files) or downloadable for viewing through some other application (that is, stored in other file formats, such as PDF files and word-processor files).

Items are grouped here by type under headings segregating federal-law-related monographs from national monographs (which are neither exclusively federal-law-related nor state-specific).

See also “The On-Line Books Page” for a list of on-line books and texts classified to law under the Library of Congress call-number system (numbers starting with K).


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Federal Monographs

A. Federal Litigation Guides, Manuals, Handbooks

See also a list of publications offered by the Federal Judicial Center (some of which are linked below).
  1. ADR and Settlement in the Federal District Courts: A Sourcebook for Judges and Lawyers. Elizabeth Plapinger & Donna Stienstra (1996) … [Federal Judicial Center / CPR Institute for Dispute Resolution] — “Based on a survey of the federal district courts and an analysis of their rules, this sourcebook [in a large Adobe Acrobat file (1.4MB)] describes in detail how each court’s ADR and settlement procedures functioned at the time of the survey. It also provides information for judges who design and refer cases to dispute resolution programs, for lawyers and litigants who face increasingly complex dispute resolution choices and obligations, and for policy makers and researchers who evaluate current programs and make recommendations for the future.”
  2. Antitrust Division Manual. U.S. Department of Justice. Antitrust Division (4th ed. 2008).
  3. Awarding Attorneys’ Fees and Managing Fee Litigation. Alan Hirsch & Diane Sheehey (1994) … [Federal Judicial Center] — “A monograph [in a PDF file (270KB)] that addresses both the doctrinal and case-management aspects of fee awards. It analyzes the law of attorneys’ fee awards under fee-shifting statutes, the common fund doctrine and its offspring, and the substantial benefit doctrine, and addresses an issue of special significance to bankruptcy courts-the propriety of sua sponte review of fee petitions. It also presents a selection of case-management strategies, based on interviews with judges, attorneys, U.S. trustees, and others.”
  4. The Bail Reform Act of 1984. Federal Judicial Center (2nd ed. 1993) … “This is a summary [in a PDF file (79KB)] of appellate court decisions (with the exception of standards of review) interpreting provisions of the Bail Reform Act from October 12, 1984, the act’s effective date, to April 15, 1993. It supersedes the Center’s 1987 monograph on the topic.”
  5. Bankruptcy Appellate Panel Practice Manual [for the Sixth Circuit]. U.S. Sixth Circuit Court of Appeals (1997).
  6. Bankruptcy Basics. Administrative Office of the United States Courts (3rd ed. revised Apr. 2006).
  7. Benchbook for U.S. District Court Judges. Federal Judicial Center (4th ed. revised Mar. 2000) … “An ongoing compilation [in a PDF file (555KB)] of information that federal judges have found useful for immediate bench or chambers reference. The Benchbook contains sections on such topics as assignment of counsel, taking guilty pleas, sentencing, standard voir dire questions, and death penalty cases.” Available also in a generic word-processing format, BENCHBK.RTF (720KB).
  8. Case Law Divergence from the Federal Rules of Evidence. Daniel J. Capra (2000) … [Federal Judicial Center] — “At the request of the Advisory Committee on Evidence Rules, Professor Daniel Capra, committee reporter, highlights the major instances in which case law has diverged from an applicable Rule. This report is reprinted at 197 Federal Rules Decisions 531.” a PDF file (200KB).
  9. Civil Litigation Management Manual. Federal Judicial Center (2001) … “This manual [in a PDF file (828KB)] provides trial judges a handbook on managing civil cases. It sets out a wide array of case-management techniques, beginning with case filing and concluding with steps for streamlining trials and discusses a number of special topics, including pro se and high visibility cases, the role of staff, and automation that supports case management. The manual, which was produced in response to the Civil Justice Reform Act of 1990, is based on the experiences of federal district and magistrate judges and reflects techniques they have developed.” Appendix A, Forms 1–25 (1MB); Appendix A, Forms 26–53 (860KB); Appendices B–G and Index (468KB).
  10. Coast Guard Military Justice Manual. U.S. Coast Guard (8/00) … This manual, in a PDF file, implements policies, regulations, and procedures of the Judge Advocate General of the Coast Guard, the Coast Guard Chief Counsel, and the Coast Guard, pursuant to the Uniform Code of Military Justice and the Manual for Courts-Martial (see below). This manual is available also in numerous MS Word files.
  11. Criminal Tax Manual [HTML] [PDF]. U.S. Department of Justice. Tax Division (8th ed. 2001) … Includes a trial outline of a criminal tax case, model jury instructions, and indictment and information forms. The 7th edition (1994) is available at the Internet Archive. See also a commercial site that provides the 7th edition in numerous Adobe Acrobat files but without model jury instructions and indictment and information forms.
  12. Effective Use of Courtroom Technology: A Judge’s Guide to Pretrial and Trial. Federal Judicial Center (2001) … “This publication [in a very large Adobe Acrobat file (2.9MB)] is the result of a joint project between the Federal Judicial Center and the National Institute for Trial Advocacy. It describes the substantive and procedural considerations that may arise when lawyers bring electronic equipment to the courtroom or use court-provided equipment for displaying or playing evidentiary exhibits or illustrative aids during trial. It … includes examples of the kinds of exhibits that may raise objections as to transitions, animations, color, sound, and special effects.”
  13. Federal Death Penalty Trials. Molly Treadway Johnson & Laural L. Hooper (2001) … [Federal Judicial Center] — Resource Guide for Managing Capital Cases, vol. 1. “This guide describes the statutes, case law, and policies applicable to federal capital case management issues such as appointment of counsel, case budgeting, and jury selection, and summarizes procedures judges have used in capital cases at each stage of the proceedings. The guide is part of a website the Center prepared to assist judges assigned capital cases, including federal death penalty prosecutions and capital habeas cases. The site … also contains orders, jury questionnaires, instructions, verdict forms, and other materials developed by judges who have handled death penalty cases, and a list of additional resources.”
  14. Federal Practice Manual for Legal Aid Attorneys. Sargent Shriver National Center on Poverty Law (2012). “The Shriver Center’s Federal Practice Manual for Legal Aid Attorneys covers all stages of federal litigation, from drafting and filing the complaint to trial practice and limitations on relief. This popular resource, available free of charge online, has been updated to include relevant recent caselaw and legal developments. Edited by Jeffrey S. Gutman, Professor of Clinical Law at George Washington University Law School, with the assistance of a group of experienced legal aid advocates, the manual includes links to federal statutes, Supreme Court case citations, and relevant regulations. Moreover, the full text of the manual is searchable by keyword.”
  15. Guide to Judicial Management of Cases in ADR. Robert J. Niemic, Donna Stienstra & Randall E. Ravitz (2001) … [Federal Judicial Center] — “This publication [in a PDF file (279KB)] offers guidance to federal trial and bankruptcy courts on when and how to refer appropriate cases to ADR and how to manage cases referred to ADR. FJC research found that although much has been written about basic ADR concepts, little comprehensive, easily accessible advice on ADR referrals had been written from the court’s perspective. The purpose of the book is not to advocate ADR use but rather to present various approaches that judges and parties may choose to follow when considering and using ADR. The book identifies areas where there may be disagreement, describing advantages and disadvantages of various approaches. The book also alerts readers to emerging trends or what are perceived by many as preferred approaches. The publication’s ten chapters have titles including ‘Considering the Use of ADR: How and When’; ‘Selecting Cases Appropriate for ADR’; and ‘Matching the ADR Process to the Case.’ Other topics covered are neutral selection and compensation; party consent; client attendance; party participation; confidentiality; referral orders and case management issues.”
  16. Handbook for Federal Grand Jurors. Administrative Office of the U.S. Courts (n.d.) … Prepared for the use of grand jurors serving in the U.S. district courts under the supervision of the Judicial Conference of the United States.
  17. Handbook for Trial Jurors Serving in the United States District Courts. Administrative Office of the U.S. Courts (n.d.) … Prepared for the use of trial jurors serving in the U.S. district courts under the supervision of the Judicial Conference of the United States.
  18. International Insolvency. Samuel L. Bufford, Louise DeCarl Adler, Sidney B. Brooks & Marcia S. Krieger (2001) … [Federal Judicial Center] — “A monograph on the law governing insolvency cases with transnational dimensions. It was written by four bankruptcy judges … who are all members of the International Law Relations Committee of the National Conference of Bankruptcy Judges. The monograph summarizes the statutory and caselaw authority on international insolvency and covers all aspects of the insolvency process, including distribution of assets, notice, ancillary proceedings, and venue. It explains the theories of universality and territoriality, principles of comity, and conflict of laws, and discusses international conventions, including the North American Free Trade Agreement, the Cross-Border Insolvency Concordat, the UNCITRAL Model Law on Cross-Border Insolvency, and the European Union Regulation on Insolvency Proceedings.”
  19. Judges’ Benchbook: Longshore and Harbor Workers’ Compensation Act. Office of Administrative Law Judges. U.S. Department of Labor (2002). See also Supplement (2005) … “This Longshore Benchbook was created solely to assist the Office of Administrative Law Judges as a first reference in researching cases arising under the Longshore and Harbor Workers’ Compensation Act, and extension acts, as amended. This Benchbook does not constitute the official opinion of the Department of Labor, the Office of Administrative Law Judges, or any individual judge on any subject. This Benchbook does not necessarily contain an exhaustive or current treatment of case holdings, and should, under no circumstances, substitute for a party’s own research into the statutory, regulatory, and case law authorities on any given subject referred to therein. It is intended to be used as a research tool, not as final legal authority and should not be cited or relied upon as such.” See also the Longshore Deskbook, below.
  20. A Judge’s Deskbook on the Basic Philosophies and Methods of Science. Shirley A. Dobbin and Sophia I. Gatowski (1999) … [Univ. of Nevada, Reno / State Justice Institute] — This publication of more than 300 pages lacks a table of contents.
  21. Longshore Deskbook. Benefits Review Board. U.S. Department of Labor (2001) … “This Longshore Deskbook was created solely to assist the staff of the Benefits Review Board in researching cases arising under the Longshore Act, as amended. This Desk Book in no way constitutes the official opinion of the Board or any of its Members on any subject. The Desk Book does not necessarily contain an exhaustive or a current treatment of Board holdings, and should, under no circumstances, substitute for a party’s own research into the statutory, regulatory, and case law authorities on any subject referred to therein. It is intended simply as a research tool; and is not intended as final legal authority and should not be cited or relied upon as such.” The text can be searched.
  22. Manual for Complex Litigation, Third. Federal Judicial Center (1995) … “The successor to the Manual for Complex Litigation, Second, this work [in a PDF file (1.6MB)] describes procedures that trial judges have found to be successful in managing complex cases. It also analyzes practices that have caused difficulties. It includes a number of forms that have been used by U.S. district judges.”
  23. Manual for Courts-Martial, United States (2008 Edition). Joint Service Committee on Military Justice … [Library of Congress] — The manual is contained in a very large Adobe Acrobat file. The web site for the U.S. Coast Guard also provides a copy of the manual (2008 edition). (Prior editions also are available.) The manual (“MCM” in citations) includes a preamble, the Rules for Courts-Martial, the Military Rules of Evidence, the Punitive Articles, and the Nonjudicial Punishment Procedures. The Army Judge Advocate General provides access to numerous military-law publications in addition to this manual.
  24. Manual of the Judge Advocate General. Department of the Navy (2004) … [Navy Judge Advocate General] — This manual (referred to as “JAGMAN” in the Navy Judge Advocate General’s Corps) is no longer available on the official web site, but it can be found at the Internet Archive web site. (Note that this version of the manual could possibly be superseded by a later edition.)
  25. Manual on Recurring Problems in Criminal Trials. Donald S. Voorhees. Genevra Kay Loveland, ed. (5th ed. 2001) … [Federal Judicial Center] — “The fifth edition [in a PDF file (800KB)] of the late Judge Voorhees’s guide to the law governing many of the procedural matters that arise in criminal trials. The material, which was originally prepared for Center seminars for newly appointed district judges, has been updated to include cases decided during the Supreme Court’s 2000–2001 Term and U.S. Court of Appeals cases reported through 212 F.3d 306. Among the topics covered are jury-related problems, evidentiary issues, civil and criminal contempt, the Fifth Amendment, confessions, and severance of defendants.”
  26. Mediation & Conference Programs in the Federal Courts of Appeals: A Sourcebook for Judges and Lawyers. Robert J. Niemic (1997) … [Federal Judicial Center] — “This sourcebook [in a PDF file (296KB)] is a reference guide on mediation and conference programs in the federal courts of appeals, programs that may offer a way for courts to deal with increasing filings. The sourcebook responds to requests from the appellate courts for a detailed description of all appellate courts’ mediation and conference programs as well as more general information about what happens in the courts of appeals. In addition, it provides a means for attorneys to learn more about these programs.”
  27. Military Judges’ Benchbook. Department of the Army (2002) … [Army Judge Advocate General] — This is Publication 27-9, Department of the Army, in a PDF file. “This Benchbook should be regarded as a supplement to the Uniform Code of Military Justice, as amended; the Manual for Courts-Martial, 2002 Edition; opinions of appellate courts; other departmental publications dealing primarily with trial procedure; and similar legal reference material. Statutes, Executive Orders, and appellate decisions are the principal sources for this Benchbook, and such publications, rather than this Benchbook, should be cited as legal authority.”
  28. Military Law and Precedents. William Winthrop, Col. U.S.A. (2nd ed. 1920) … [Library of Congress] — “The second edition … is a comprehensive treatise on the science of military law. … This work is divided into three parts: military law proper — the specific law governing the Army as a separate community; the law of war — law that is operative only in time of war or like emergency, and regulates the relations of enemies and authorizes military government and martial law; and the civil functions and relations of the Military.”
  29. Practitioners’ Guides to the U.S. Courts of Appeals
  30. 5th Circuit: Practitioner’s Guide to the U.S. Court of Appeals for the Fifth Circuit (2008)
  31. 7th Circuit: Practitioner’s Handbook for Appeals to the U.S. Court of Appeals for the Seventh Circuit (2003) … See also the 1999 edition of the handbook.
  32. 8th Circuit: Practitioner’s Handbook for Appeals to the U.S. Court of Appeals for the Eighth Circuit (3rd ed. 2000) … This publication is no longer available on the court’s web site. Links here point to an archived version at the Internet Archive web site. See also the 1996 edition of the handbook.
  33. 9th Circuit: Guides and Legal Outlines This is a collection of guides and outlines with titles including “Appellate Jurisdiction in the Ninth Circuit,” “Standards of Review,” “Perfecting Your Appeal,” and other titles.
  34. 10th Circuit: Practitioner’s Guide to the U.S. Court of Appeals for the Tenth Circuit (7th rev. 2009)
  35. D.C. Circuit: Handbook of Practice and Internal Procedures: United States Court of Appeals for the District of Columbia Circuit (2011) … This is accompanied by a FAQ document.
  36. Reference Manual on Scientific Evidence. Federal Judicial Center (2nd ed. 2000) … This is a very large Adobe Acrobat file (2.1MB). Here are links to components:

    “A reference to assist judges in managing expert evidence in cases involving issues of science or technology. The manual discusses the management and admissibility of expert evidence, and contains a series of reference guides on particular areas of expert testimony such as statistics, epidemiology, toxicology, and DNA evidence. The Center distributes the manual free to the federal judiciary. The public may purchase copies from” legal publishers. (The first edition (1994) of the book remains available on the FJC web site; browser-search for the title. See also the FJC’s research report, “Expert Testimony in Federal Civil Trials: A Preliminary Analysis” (2000) (98KB).
  37. Section 1983 Litigation. Karen M. Blum & Kathryn R. Urbonya (1998) … [Federal Judicial Center] — “A summary [in a PDF file (375KB)] of legal principles governing litigation under 42 U.S.C. § 1983, the statute for redressing constitutional and federal statutory violations. This monograph includes pertinent cases from the 1997–1998 Supreme Court term.”
  38. United States Attorneys’ Manual. U.S. Justice Department. Executive Office for U.S. Attorneys (EOUSA) (1997 et seq.) … “The United States Attorneys’ Manual is designed as a quick and ready reference for United States Attorneys, Assistant United States Attorneys, and Department attorneys responsible for the prosecution of violations of federal law. It contains general policies and some procedures relevant to the work of the United States Attorneys’ offices and to their relations with the legal divisions, investigative agencies, and other components within the Department of Justice. … The Manual provides only internal Department of Justice guidance. It is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal. Nor are any limitations hereby placed on otherwise lawful litigative prerogatives of the Department of Justice.” Also available are all issues of the United States Attorneys’ Bulletin, serving as periodic supplements to the manual, starting with the first issue (August 7, 1953), in PDF files.

B. Federal Transaction Guides, Manuals, Handbooks

  1. How to File a FOIA Request: A Guide. Public Citizen, Inc.: Freedom of Information Clearinghouse (n.d.)
  2. Patenting: A Guidebook for Those Involved in Legally Protecting Products and Technologies. Beth E. Arnold / Foley Hoag LLP.
  3. Plain English Handbook: How to Create Clear SEC Disclosure Documents. U.S. Securities and Exchange Commission. Office of Investor Education and Assistance (8/98) … This document, in a PDF file (639KB), shows how to use well-established techniques for writing in plain English to create clearer and more informative disclosure documents. The 1/98 draft version is available in HTML.
  4. Securities Lawyer’s Deskbook. University of Cincinnati College of Law (n.d.) … The most important federal securities laws, complete with regulations and forms, including links within the posted material to facilitate legal research and the completion of SEC forms. Part of a site maintained by the Center for Corporate Law.
  5. Social Security Handbook. U.S. Social Security Administration (13th ed. 1997)

C. Other Federal Monographs

  1. Creating the Federal Judicial System. Russell R. Wheeler & Cynthia Harrison (2d ed. 1994) … [Federal Judicial Center] — “The authors explain the provisions of the 1789 Judiciary Act and the compromises the Act embodies, review the evolution of the federal judicial system during the nineteenth century, and analyze the conditions and debates that led to the passage of the Evarts Act in 1891, which established the three-tiered system that characterizes federal court structure today. The publication [in a PDF file (756KB)] includes twelve maps that illustrate the growth and evolution of the districts and circuits from 1789 to the present.”
  2. The Federal Court System in the United States: An Introduction for Judges and Judicial Administrators in Other Countries. Administrative Office of the United States Courts (2d ed. 2001) … “This publication was developed by the Administrative Office of the United States Courts to provide an introduction to the federal judicial system, its organization and administration, its relationship to the legislative and executive branches of the federal government, and its relationship to the state court systems.” The text is based on another publication titled Understanding the Federal Courts (1999). Versions of one text or the other are available also in French (Le Systeme judiciaire federal des Etats-Unis), Russian (in MS Word format), Serbian (in MS Word format), and Turkish.
  3. Indian Affairs: Laws and Treaties. Charles J. Kappler, ed. … [Oklahoma State Univ.] — “ his historically significant, seven volume compilation contains U.S. treaties, laws and executive orders pertaining to Native American Indian tribes. The volumes cover U.S. Government treaties with Native Americans from 1778-1883 (Volume II) and U.S. laws and executive orders concerning Native Americans from 1871-1970 (Volumes I, III-VII). The information contained in Indian Affairs: Laws and Treaties is in high demand by Native peoples, researchers, journalists, attorneys, legislators, teachers and others of both Native and non-Native origins. Volumes I-V are now available. We are currently digitizing Volumes VI & VII.”

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National Monographs

A. National Guides, Manuals, and Handbooks

  1. Consumer’s Resource Handbook. U.S. General Services Administration. Consumer Information Center (2010) … Advice and consumer tips on car repairs, purchases, and leases, shopping from home, avoiding consumer and investment fraud, home improvement and financing, choosing and using credit cards wisely, and more. Includes a consumer assistance directory with thousands of names, addresses, telephone numbers, web site and e-mail addresses for national consumer organizations, better business bureaus, corporations, trade associations, state and local consumer protection offices, state agencies, military consumer offices, and federal agencies. Available in sections at the web site linked above or in a single file (11.87MB).
  2. First Amendment Handbook. Reporters Committee for Freedom of the Press [Va.] (1999) … First produced in 1986, and updated regularly since then, this booklet is designed to provide a basic primer on the laws affecting reporters’ rights to gather and disseminate news.
  3. The Growth Company Guide to Investors, Deal Structures, and Legal Strategies. Clinton Richardson (n.d.) … Subtitled “Practical Advice for Growing Companies and Private Company Investors,” this book discusses business planning, approaching investors, negotiating with investors, structuring favorable financing terms, protecting company technology, pricing stock offerings, complying with securities laws, structuring stock incentive plans, private placements, going public, licensing, buyouts, borrowing and more.
  4. Investigators Guide to Sources of Information. U.S. General Accounting Office. Office of Special Investigations (4/97) … A useful investigative tool for identifying sources of information about people, property, business, and finance. Includes internet addresses wherever possible. Includes a chapter on how to use the internet to gather information valuable to the investigative process. Available in a PDF file as well as the HTML version.
  5. World Factbook. U.S. Central Intelligence Agency (1/00) … A comprehensive resource of facts and statistics on more than 250 countries and other entities, with maps; annually revised. See also other CIA publications.

B. National Treatises

  1. Medical Risk Management: Preventive Legal Strategies for Health Care Providers. Edward P. Richards and Katharine C. Rathbun (1983) … “This book was originally published by Aspen in 1983. It is being reissued on the WWW pending revision. Certain materials from other copyright holders have been removed.”
  2. A Primer on the Civil-Law System. James G. Apple & Robert P. Deyling (1995) … [Federal Judicial Center] — “An overview [in a PDF file (150KB)] for judges and lawyers who want to expand their knowledge of the civil-law tradition. The authors discuss the history of the civil-law system, beginning with the Roman Empire. References are made to the civil-law systems of France and Germany and Chile and Brazil because of their strong influence on many other systems. The authors review the basic features of the modern-day civil-law tradition and compare the civil-law and common-law systems.”

 


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