Guides and Bibliographies
Using American Law Reports (ALR)
Overview
American Law Reports (A.L.R.) is the only continuing survivor of a system that arose in the early part of the 20th century to provide reports on judicial decisions in a selected, annotated format. A legal annotation summarizes, explains, and provides critical analysis of the points of law, and additional relevant references for a particular court opinion or legal issue. A.L.R. is an ingenious research aid that enables the researcher to have access to the work of an expert editorial staff on legal issues across all jurisdictional boundaries within the United States. In addition to being a unique resource for locating cases on point, it is also an excellent tool for problem solving.
Annotated Law Reports are based on the premise that important legal issues in judicial opinions are not confined solely to the interests of those practicing law in a particular jurisdiction. An important case on point in one jurisdiction, while not mandatory authority, may be persuasive in another jurisdiction; especially if it is an issue of first impression in the latter jurisdiction.
A.L.R. is a different type of system for case reporting. It should be contrasted to West's National Reporter System that intends comprehensive reporting of cases. A.L.R. reports cases selectively. A.L.R. has been published in several successive series, including the two current series (A.L.R.6th and A.L.R. Fed. 2d).
A.L.R. Reporting System
An A.L.R. volume consists generally of about 20 cases. Each of the selected cases has a detailed analysis of the points of law -these are the annotations. The reported case itself can be viewed in other reporters or online. It is the exhaustive research, as evidenced in the annotations to the reported case that is the valuable research aid in this resource. Annotations for a case can range from a very brief one page analysis or run to hundreds of pages on a topic.
A.L.R. is not a digest; it is a different finding aid for cases. A digest contains abstracts of case law based on a predetermined classification scheme. A.L.R.'s selection of material to include in the reports is based on the perceived importance of the points of law adjudicated in a particular case.
Selection Of Cases
Cases have always been selected from all United States' jurisdictions, including federal cases. Cases from the United States Supreme Court were not omitted from the earlier A.L.R. volumes. However, few were included. The reason for the sparse selection of U.S. Supreme Court cases is A.L.R.'s original publisher was Lawyers Co-operative Publishing (now West). Lawyers Co-op also published all the Supreme Court cases in their Lawyer's Edition of the United States Supreme Court Reports. This publication in reporting the cases also provided significant annotations to accompany the cases. The Supreme Court cases that appear in the earlier editions of A.L.R. tend to be ones that focus more on state practice issues. The cases that historically have been selected for publication in A.L.R. are selected primarily on the basis of their relevance to practicing attorneys, cases that provide an opportunity for an exhaustive analysis of an important legal topic, and cases that present issues of importance not covered adequately elsewhere.
Format
An annotated report is a cross between a case reporter, a law review, and a legal encyclopedia. An A.L.R. case report generally starts by reporting the selected case. The main issue or issues in the selected case are a springboard for the annotations that follow the opinon. Preceding the annotation at 42 A.L.R. 2d 1, is Haight v. Nelson, a 1953 decision of the Nebraska Supreme Court. The opinion contains the same text as found in the official reporter, 157 Neb. 341, or in the regional reporter, 59 N.W. 2d 576. However, the formatting by the editors of A.L.R. differs. Instead of the West headnotes, the opinion in A.L.R. has a summary and headnotes that are prepared by the editors of A.L.R. Even other points of law which may not be highly pertinent to the annotations are given their own headnotes. The headnotes in A.L.R. are assigned subject topics and section numbers from the digesting classification system that was developed exclusively for A.L.R.
The opinion is then followed by an annotation on a particular topic or point of law. Haight v. Nelson, on page 13, reads, "Annotation: Liability for motor vehicle accident where vision of driver is obscured by smoke, dust, atmospheric condition or unclean windshield". A cross reference is made to the assigned topic--A.L.R. Digests, Automobiles, etc. Section 106. The annotation analyzes the legal points and cases from all jurisdictions in the United States. There is a table of contents for this annotation and a special index with accompanying table of jurisdictions. "Related matters" lists other A.L.R. annotations on similar topics and sometimes can include references to treatises and law review articles. The overview is usually followed by "Practice Pointers". This particular annotation ranges from page 13 to 338, over 300 pages. The length and depth of this annotation is not atypical. When A.L.R. is analyzing a major topic and points of law, the research provided is detailed and extensive. A.L.R. annotations can be distinguished from law review articles, in as much as they are continually updated after their initial publication.
The A.L.R. Series
There are eight sets of reporters which make up the A.L.R. series. A.L.R. began publication in 1919 and has continuously remained in publication since, albeit over the years there have been changes between the various series, enhancements have been added to the later series and there has been a change in publisher. Most recent changes under the West umbrella are the addition of cross-references to West's Digest and Key Number System.
A.L.R., 1919-1948, 175 volumes [KF132.A5]
Finding Aids:
A.L.R. Word Index Desk Book [KF132.A523]
A.L.R. Quick Index [KF132.6.A5]
Updated By:
The A.L.R. Blue Book of Supplemental Decisions [KF132.4.A518]
The Blue Book lists for each of the annotations the citations of the relevant later cases. The citations are set out in a table listing and there is not textual discussion. The listing in the table does not indicate the corresponding section in the annotation. The table listing is by state and resembles the format found in Shepard's Citators.
Six successive volumes of the Blue Book have been issued for differing time frames. An annual paperbound pamphlet lists supplemental decisions since the most recent permanent volume. To search comprehensively in the first series, one should consult all the volumes. However, the latest Blue Book pamphlet includes the citations of any superseding annotations. To quickly determine whether an annotation has been superseded, check the latest pamphlet.
Note: The original Annotation may need to be read in conjunction with the new one.
Coverage: Both federal and state cases.
A.L.R.2d, 1948-1965, 100 volumes [KF132.A52]
Finding Aids:
A.L.R. 2d Series Word Index Deskbook [KF132.A53]
A.L.R. 2d Series Word Index [KF132.A525]
A.L.R. 2d-3d Series Quick Index [KF132.6.A53]
Updated By:
Later Case Service [KF132.A52]. (A.L.R.2d has no pocket parts.)
Each Later Case Service volume is supplemented with an annual pocket part, and replacement of whole volumes are issued occasionally when the pocket parts become too cumbersome. The Later Case Service volumes, while an effective means of updating can be cumbersome.The user must check three separate places, the original annotation, the supplement in a separate text and lastly, the pocket supplement.
Coverage: Both federal and state cases.
A.L.R.3d, 1965-1980, 100 volumes [KF132.A53]
Finding Aids:
A.L.R. 2d-3d Series Quick Index [KF132.6.A53]
A.L.R. 3d-4th-5th Quick Index [KF132.6.A54 2004]
Updated By: Pocket parts
Coverage: Both federal and state cases.
A.L.R.4th, 1980-1992, 90 volumes [KF132.A54]
Finding Aids:
A.L.R. 3d-4th-5th Quick Index [KF132.6.A54 2004]
Updated By: Pocket parts
Coverage: Both federal and state cases.
West has begun to add enhancements of its cross references to this series.
A.L.R.5th, 1992-2005, 125 volumes [KF132.A55]
Finding Aids: ALR 3d-4th-5th Quick Index [KF132.6.A54 2004]
Updated By: Pocket parts
Coverage: State cases
Note: West has added enhancements of its cross references to this series.
A.L.R.6th, 2005-present [KF132.A56]
Finding Aids:
Pocket parts in the A.L.R. Index [KF132.2 .A53]
A.L.R. Digest [KF132.1 .W47 2004]
Updated By: Pocket parts
Coverage: State cases
A.L.R. Fed., 1969-2005, 200 volumes [KF132.A47]
Finding Aids:
A.L.R. Federal Quick Index [KF132.A47]
A.L.R. Federal Table [KF132.A49]
Updated By: Pocket parts
Coverage: Federal cases
A.L.R. Federal through volume 110 followed the traditional A.L.R. format: publication of the case followed by the annotation. Starting with volume 111, West has included cross references to the West Key Number System, West's legal encyclopedia Corpus Juris Secundum (CJS) and references to secondary sources such as loose-leafs and law reviews. Commencing with volume 128, a Special Commentaries feature by an expert on a selected subject has been added. An annual three-volume set, the A.L.R. Federal Tables, lists cases, statutes, and regulations covered in the Federal set and provides a volume-by- volume listing of annotation titles.
A.L.R. Fed. 2d, 2005-present [KF132.A4725]
Finding Aids:
Pocket parts in the A.L.R. Index [KF132.2 .A53
A.L.R. Digest [KF132.1 .W47 2004]
Updated By: Pocket parts
Coverage: Federal cases
Finding A.L.R. Annotations
A.L.R. Index
The A.L.R. Word Indexes to Annotations are the usual points of departure in an A.L.R. search. They are the descriptive word indexes to the annotations, with references to the annotations, not to the digests. The Quick Indexes are designed to combine most of the functions of the digest and of the descriptive word indexes are easier to use than the digest. References are to the more accurate exact titles of the annotations, rather than the cryptic condensation type entry of the digest.
A.L.R. Digest
West has replaced the separate digests for the various A.L.R. series with one digest-West's A.L.R. Digest. In this replacement, West has done a complete reclassification of the former A.L.R. system and now the classification is according to the West Key Number analysis of American law. This is now similar to West's other digests and is used by a topical or subject approach.
Online Access
All A.L.R. annotations except are available online through Westlaw. A.L.R. annotations for all but the first series will continue to be available on Lexis until January 2008, when they will be withdrawn.
Westlaw: Secondary Sources > American Law Reports (ALR)
Lexis: Legal > Secondary Legal > Jurisprudence & ALR > American Law Reports
Caution
Remember that annotations are only case finding aids and they are not law. They can be cited as useful points for locating related decisions, but they are not generally regarded as persuasive authority. The purpose of annotations is not to provide legal arguments for or against an issue, but to synthesize the law from diverse jurisdictions.
Posted: 4 Nov. 2004; rev. 2 Oct. 2007