Law Citators -- Is it still good law?

Citators allow researchers to trace the history of a case through the courts, and to locate other cases that cite a case they are studying. Since case law relies on precedent, this allows a researcher to determine if subsequent cases, especially those of higher courts, have followed, modified, or overturned a case they are researching — in essence, determining if it is still "good law". All that is needed to begin citation analysis is the citation to a case. Generally, this is a citation to a print reporter.

For example: in the Supreme Court case Roe v. Wade, 410 U.S. 113 (1973), the court affirmed a woman's right to an abortion within certain limits up to the point where the fetus was viable, based on an individual's constitutional right to privacy. A researcher would use the citation 410 U.S. 113 as the starting point for research.

Subsequent decisions have modified the original decisions. Using a citator to trace the subsequent citation and treatment of the 1973 case, a researcher can trace those modifications and locate cases such as:

• Webster v. Reproductive Health Services, 492 U.S. 490 (1989)
• Planned Parenthood v. Casey, 505 U.S. 833 (1992)
• Gonzales v. Carhart (2007)

Shepard's is the best-known of the citators. Available in print for many years, it is now available through Lexis Nexis Academic. Tracing the citations using this service is often called "Shepardizing". To Shepardize a case in LexisNexis Academic:

• Log into Lexis Nexis Academic and choose Legal

• Choose Shepard's Citation from the left hand menu

• Enter your citation. Citation style must be exact. Use the citation link to the right of the search box for assistance

• OR, when displaying a case in LexisNexis Academic, click on the Shepard's link in the upper left corner immediately below the LexisNexis logo.

Hint: Use the helps and tutorials on the left-hand menu for further information.

KeyCite, available in Westlaw Campus, is very similar to Shepard's and provides the same functionality.

• Log into Westlaw Campus

• Under shortcuts, type in your citation

• when the case is displayed, click on the   logo to show the case history

Hint: KeyCite uses colored flags  and other symbols to indicate case history and treatment. The Westlaw Quick Reference Guides can help you interpret these symbols

• KeyCite at a Glance

• A Graphical View of KeyCite Direct History

• Using KeyCite on Westlaw User Guide (complete guide)

In the same manner that KeyCite is used to trace cases, it can also be used to trace statutes and determine where they have been cited in court cases and other legal materials. Simply pull up the statute or code section you are researching and click on the   logo.