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Westlaw tips for associates
May/June 2008
West Key Number System®: Evolution marches on
Approximately 100,000 judicial opinions are published each year in West's federal and state reporters. These opinions and the points of law they discuss are then classified in the
West Key Number System, thereby becoming the "findable pieces of hard data" at the heart of American legal research. Robert C. Berring,
Collapse of the Structure of the Legal Research Universe: The Imperative of Digital Information, 69 WASH. L. REV. 9, 11 (1994).
These opinions are "findable," in part, due to timely updates in key number classifications to reflect evolving jurisprudence. Some of those changes occurred recently, including the following:
- Criminal Law (West digest topic 110): Nearly 100 key numbers pertaining to ineffective assistance of counsel were added (there were only seven before), including numbers specific to particular evidentiary matters and sentencing. There are now 34 key numbers pertaining to the conduct of a criminal trial, e.g., those on publicity, gag orders, and courtroom security, and 51 key numbers pertaining to mistrial. Also greatly expanded is the treatment of right to counsel and the scope of review applicable in criminal appeals.
- Sentencing and Punishment (topic 350H): New key numbers were added to address sentencing guidelines issues now raised in light of the U.S. Supreme Court's decisions in Apprendi v. New Jersey, 120 S. Ct. 2348 (2000), and United States v. Booker, 125 S. Ct. 738 (2005).
- Automobiles (topic 48A): New key numbers (namely, 48Ak349(5.1) through 48Ak349(5.3)) were added relating to missing or defective license plates and to failure to secure a child in a seat belt or child seat-common reasons for automobile stops by the police.
- Innkeepers (topic 213): Key numbers were added in light of litigation related to attacks on hotel guests and of the increased tendency of lodging establishments of all types (not just "resorts" in the traditional sense) to provide diverse recreational and exercise facilities for guests.
In addition, West attorney-editors have completed the reclassification of more than 500,000 headnotes.