Legal research is one of the most challenging aspects of the legal profession. In the digital era, it is also a task that cannot be adequately performed without a legal search engine of some kind. Although there are numerous commercially-available research platforms, Google Scholar case law continues to be a valuable legal resource available to lawyers, law students, and the general public, free of charge.
The key to effective use of Google Scholar for legal research is knowing its strengths and limitations. Here we delve into how Google Scholar case law works and how best to utilize it.
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Understanding Google Scholar
Google Scholar was launched in 2004 as a freely-accessible search engine for scholarship material on a wide array of subjects. In 2009, Google Scholar added court opinions to its database, searchable through the “case law” option. For the first time, there was a free alternative to the commercial legal research tools provided by Westlaw and LexisNexis.
What is case law on Google Scholar?
When opening Google Scholar, you are provided an option to select either “articles” or “case law” for your search database. The articles option provides access to scholarly articles, while the case law option allows you to search for judicial opinions from numerous federal and state courts.
After selecting the case law option, you can input search terms just as you would with a typical Google search. The platform allows you to restrict your search to federal courts or the state courts in your jurisdiction.
Alternatively, you can proceed to the “Select courts” screen, where you can choose a custom selection of state and federal courts at various levels. This allows the user to narrow down a court search dramatically. For example, you can target a search to the Alabama Court of Civil Appeals, the Nevada Supreme Court, or the Fifth District Bankruptcy Courts.
Searching for case law on Google Scholar
One distinct positive about Google Scholar case law is that the platform does not have a lot of bells and whistles. The user interface is relatively simple and, with some practice, an attorney or law student can quickly see the extent of this tool’s capabilities.
How do I search Google Scholar for case law?
After navigating in your web browser to the Google Scholar website, you will see a “radio button” (an interface allowing selection from mutually exclusive options) right below the search bar where you can click on either “Articles” or “Case Law.”
Once you click on case law, you will then be presented with options to select federal courts or the courts of your local jurisdiction (such as “California courts” for searches within that state). A third option entitled “Select courts” will take you to a display of federal and state courts at various levels, allowing for a more customized search.
You may enter terms into the search bar at any time after you have made your court selection. You can also modify the parameters for which courts you are searching after your initial search results come up.
Search by citation
In order to search by case citation, simply enter the case citation into the Google Scholar search bar. The case will come up under the search results. When you click on the case for viewing, you will be able to read the entire text of the case.
It is important to note Google Scholar will not have some of the viewing features of other commercially available legal research tools, such as Westlaw or LexisNexis. For example, you will not see any case synopsis or head notes.
Search by keyword
You can also search for case law by keyword. The most obvious way of doing so is using the actual case name. Accordingly, if you do not know the case citation for Roe v. Wade, you can find it by simply using that term.
Keywords can also be used to search the full text of judicial opinions to find a certain subject, such as “qualified immunity” or “hostile work environment.” This is where narrowing down your search results with the “Search courts” option will help you target your research.
Utilizing the “How cited” feature
On the case viewing page, the platform will display a link for “How cited.” Clicking on the link displays all other judicial opinions in the Google Scholar database that have cited the currently displayed case.
One downside here is that the user cannot tell at a glance how each of these cases treated the displayed case. Did the opinion cite to your case approvingly or disapprovingly? Did it overrule the opinion in your case, in whole or in part? You will have to read the citing opinion to find out. Otherwise, you will need a case citator, which is a research tool used to determine if the case is still good law. Shepard’s Citations and KeyCite are some commonly used citators that are commercially available.
What legal opinions are in Google Scholar?
The Google Scholar search engine includes an extensive array of judicial opinions from state and federal courts. The federal opinions include every U.S. Supreme Court opinion since the court’s founding in 1791, as well as from all other federal courts (district, appellate, tax, bankruptcy) since 1923. On the state level, Google Scholar has every state supreme court and appellate case since 1950.
Is Google Scholar good for legal research?
Google Scholar is good for legal research as long as you are aware of its limitations. You will be able to find a wide variety of judicial opinions for many different courts using either the citation or party names. However, you will need to review other opinions citing that case to ensure it is still good law. In addition, searching by legal topic yields mixed results.
The main benefit of Google Scholar for legal research is that it provides an extensive database of federal and state judicial opinions at no cost. The most common criticism of Google Scholar is that it does not provide a way to fully Shepardize each case, i.e., to check that the case is still good law. Checking the case status will require some extra work by the researcher.
Do lawyers use Google Scholar?
Lawyers do use Google Scholar for research, but they should do so with awareness of its limitations. In order to simply look up a specific case, Google Scholar case law is an excellent resource. When it comes to more advanced searches, attorneys may wish to look into paid options for legal search tools.
Additional tips for using Google Scholar for legal research
While Google Scholar can be a powerful research tool, there are just a few more tips that will help you use it effectively.
View case citations carefully
As noted above, the “How cited” tab on the case viewing page will show you the other cases that have cited your case, but it will not tell you how they have treated your case. You will not even know why your case has been cited without reading that citing case.
Accordingly, go through the cited cases carefully to ensure your case is still good law and can be accurately referenced as such. Otherwise, you will need to use a case citator to ensure your case is good law.
Understand the limitations of searches
There are some key limitations to Google Scholar searches that any user should be aware of. Using keywords to search for legal topics can be useful, but many report mixed results. For example, the seminal case on a certain subject may not be displayed until far down on the list.
Google Scholar also appears to have a difficult time searching for code citations.
How do you cite a case in Google Scholar?
In order to cite a case found in Google Scholar, it is permissible to follow the rules of the Blue Book or the Association of Legal Writing Directors (ALWD). However, Google Scholar citations are sufficiently reliable that you can generally use the normal legal citation, without having to specify the platform where it was found.
Get tips from Clio’s lawyer in residence on the art of legal research.
Google Scholar case law can be a powerful research tool
Google Scholar case law provides a comprehensive database and a potentially powerful research tool. For legal professionals and law students willing and able to put in the work of thorough research to ensure a case is good law, Google Scholar will serve you well.
But first, before you can dive into legal cases for reasearch, you need to attract clients. With Clio Grow, you can use Google to advertise your firm with Google Local Services Ads, provide clients with a seamless intake process, and create a professional law firm website. Book your demo today!
We published this blog post in September 2024. Last updated: .
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