nickgallick SKILL: Legal Research Methodology
Version: 1.0.0 | Domain: Legal Research, Citation Verification, Iowa Law Sources
Primary Sources (Always Prefer — Never Cite Secondhand)
Federal Statutes
- congress.gov: Full text of all federal laws, legislative history, amendment history
- uscode.house.gov: Official US Code (codified version of all federal statutes)
- govinfo.gov: Official GPO publications including Statutes at Large (uncodified session laws)
- Verify: Check the amendment history at congress.gov — many statutes have been amended post-publication
Federal Regulations
- ecfr.gov: Electronic Code of Federal Regulations — CURRENT text with all amendments
- CFTC regulations: 17 C.F.R.
- FinCEN regulations: 31 C.F.R.
- SEC regulations: 17 C.F.R.
- IRS regulations: 26 C.F.R.
- federalregister.gov: Proposed and final rules with preamble (the preamble explains regulatory intent — critical for understanding what the rule is supposed to do)
- regulations.gov: Filed regulatory comments and agency responses
Federal Case Law
- courtlistener.com (Free): Full text of federal court opinions, including district, circuit, and Supreme Court. Searchable by party name, citation, or keyword. Most recent opinions available same day.
- PACER (pacer.uscourts.gov, $0.10/page): Official federal court filing system — get the actual complaint, motions, and orders in any pending case
- Google Scholar (scholar.google.com): Case law search, limited but free. Good for quick lookup by party name.
- Supreme Court: supremecourt.gov (slip opinions, argued cases, orders)
CFTC-Specific
- CFTC orders and advisories: cftc.gov/LawRegulation/CFTCOrders
- CFTC no-action letters: cftc.gov/LawRegulation/DoddFrankAct/registrationno-action
- CFTC enforcement: cftc.gov/LawRegulation/Enforcement
- CFTC proposed rules: cftc.gov/LawRegulation/FederalRegister/ProposedRules
- LabCFTC primers: cftc.gov/LabCFTC/Resources
SEC-Specific
- SEC enforcement: sec.gov/litigation/litreleases.htm
- SEC guidance (Corp Fin): sec.gov/corpfin/guidance
- SEC no-action letters: sec.gov/cgi-bin/browse-edgar?action=getcompany&type=no-action
- SEC EDGAR: sec.gov/cgi-bin/browse-edgar (company filings, including Reg A+ offering circulars)
- SEC FinHub: sec.gov/finhub
FinCEN-Specific
- FinCEN guidance: fincen.gov/resources/statutes-and-regulations
- FinCEN advisories: fincen.gov/resources/advisories
- BSA E-Filing: bsaefiling.fincen.treas.gov
- FinCEN regulations: 31 C.F.R. Part 1022 (MSB rules) at ecfr.gov
Iowa-Specific
- Iowa Code: legis.iowa.gov/law/iowaCode (full text, all chapters, searchable)
- Iowa Administrative Code: legis.iowa.gov/law/iowaAdministrativeCode (implementing regulations)
- Iowa Legislature: legis.iowa.gov (bills, session history, committee reports)
- Iowa Supreme Court and Court of Appeals: iowacourts.gov (opinions, searchable)
- Iowa AG opinions: iowaattorneygeneral.gov (formal opinions interpreting Iowa law — highly persuasive to Iowa courts)
- Iowa Secretary of State: sos.iowa.gov (business filings, form library)
- Iowa Department of Inspections and Appeals: dia.iowa.gov (contest registration, health/safety)
- Iowa Racing and Gaming Commission: irgc.iowa.gov (gambling licensing and enforcement)
- Iowa Division of Banking: idob.iowa.gov (money transmitter licensing, banking regulation)
Secondary Sources (Use for Context — ALWAYS Verify Against Primary)
Law Review Articles
- SSRN.com: Social Science Research Network — largest repository of legal academic papers. Most are free. Search: "prediction markets regulation," "CFTC event contracts," "Howey test digital assets"
- HeinOnline: Subscription service (expensive) — full text of every law review. Check if university library has access.
- Google Scholar (legal opinions vs. articles): Has both case law AND academic articles — distinguish between them
Legal Blogs (High Quality, Crypto-Specific)
- Coin Center Policy Analysis: coincenter.org/category/analysis — free, rigorous
- a16z Crypto Legal/Policy: a16zcrypto.com/tag/regulatory — high quality from major VC's legal team
- Variant Fund Writing: variant.fund/writing — "Sufficient Decentralization" framework author
- Debevoise & Plimpton Crypto Blog: Sophisticated law firm crypto updates
- Willkie Farr crypto commentary: Crypto enforcement defense specialists
Commercial Legal Databases (If You Have Access)
- Westlaw (Thomson Reuters): Comprehensive, expensive. Includes KeyCite (citator) — critical for verifying whether a case has been overruled
- LexisNexis: Similar to Westlaw. Includes Shepard's Citations (citator)
- Bloomberg Law: Strong for regulatory monitoring
Verification Protocol — The Five Checks
ALWAYS do all five before citing any legal authority:
Check 1: Read the Actual Text
Never cite a statute or regulation based on a summary. Read the actual text at legis.iowa.gov or ecfr.gov. Summaries miss nuances, exceptions, and definitions that change the meaning entirely.
Check 2: Check for Amendments
Statutes change. A 2020 analysis of a 2019 statute may be outdated if the statute was amended in 2021.
- For federal statutes: check "Actions" tab on congress.gov for the bill history; check the current text at uscode.house.gov
- For Iowa statutes: legis.iowa.gov shows effective date and amendment history for each section
- For regulations: ecfr.gov shows the current effective text with amendment dates
Check 3: Verify the Case Is Still Good Law
Before citing a case, verify it hasn't been overruled, reversed, or distinguished into uselessness.
- Free tool: CourtListener has a basic citator function — check whether courts have cited the case negatively
- Westlaw KeyCite / LexisNexis Shepard's: The gold standard — instantly shows if a case has been overruled (red flag), limited (yellow flag), or distinguished
- Manual check: Google "[case name] overruled" or "[case name] reversed" — quick sanity check
Check 4: Check for More Recent Authority
A 2018 case may have been superseded by a 2023 case on the same issue. Always search for the most recent authority on any legal question.
- Loper Bright (2024) supersedes all prior cases relying on Chevron deference
- Jarkesy (2024) supersedes prior cases allowing SEC administrative civil penalty proceedings without jury trial
- SEC v. Ripple (2023) creates new authority on programmatic token sales
Check 5: Check the Regulatory Environment (Not Just the Law)
The law on paper and the law in practice can differ. Before relying on a statutory exemption:
- Has the agency issued guidance saying they disagree with your interpretation?
- Has the agency brought enforcement actions against similar structures?
- What did the agency say in the preamble to the final rule about the scope of the provision?
- Post-Loper Bright: agency guidance is persuasive but not binding — but it signals enforcement risk
Iowa-Specific Research: Step-by-Step
Question: Does Activity X require registration with the Iowa DIA under §99B.5?
- Go to: legis.iowa.gov → Chapter 99B → §99B.5
- Read the full text (not a summary)
- Check: when was §99B.5 last amended? Look at session law history.
- Check Iowa Administrative Code for any rules implementing §99B.5: legis.iowa.gov/law/iowaAdministrativeCode → search "99B" or "contests"
- Check Iowa AG opinions: iowaattorneygeneral.gov → search "games of skill" or "contests"
- Check Iowa Supreme Court/Court of Appeals for any cases interpreting §99B.5: iowacourts.gov
- Call Iowa DIA directly: 515-281-7102 — ask if Activity X requires registration and document the response in writing (follow up the call with an email summary to create a record)
This sequence — statute → implementing regulations → AG opinion → case law → agency call — is the complete Iowa legal research process for any question.
Citation Format for Counsel's Work
Statute: Iowa Code §99B.5(2) (2026) Federal statute: Commodity Exchange Act §5c(c)(5)(C), 7 U.S.C. § 7a-2(c)(5)(C) Federal regulation: 31 C.F.R. § 1022.320 (SAR filing requirement for MSBs) Case: ForecastEx LLC v. CFTC, No. 23-cv-3112 (D.D.C. 2023), aff'd No. 23-5248 (D.C. Cir. 2024) CFTC no-action letter: CFTC Staff Letter No. 14-130 (September 26, 2014) CFTC enforcement order: In re Polymarket, CFTC Docket No. 22-09 (January 3, 2022) FinCEN guidance: FinCEN Guidance FIN-2019-G001 (May 9, 2019) SEC guidance: SEC Framework for "Investment Contract" Analysis of Digital Assets (April 3, 2019)
This is legal research and intelligence, not legal advice. Consult qualified legal counsel before taking action.