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Self Paced Lesson - Tertiary and Secondary Legal Materials - Subject Guide: 7: Journals

What are Journals?

Journals are collections of articles that are published on an ongoing basis in online or in print.
Journals report current research within a discipline. Journal articles report specific aspects of the research covered by a journal.

A major part of your studies as a student will be finding, reading and analysing articles published in journals.

Journals vary in quality and content so you should develop an understanding of the different types of journals published.

Finding journal articles

There are 3 methods for finding journal articles on a research topic.

  1. Search using Library Search
  2. Search the Law databases subscribed to by Murdoch - use the link on the Legal Research Guide
  3. Scan bibliographies and reference lists given in books and other journal articles.

Types of Journals

Peer-reviewed journals (also called scholarly journals or refereed journals) are the highest quality journals.
Articles published in peer-reviewed journals have been selected by the editors because they are considered to make a potentially important contribution to the topic discussed, and they have been "marked" by experts on that topic.
Before the article is published, the author is asked to correct or clarify errors and ambiguities.

Examples of peer-reviewed journals include eLaw - Murdoch University School of Law Electronic Journal, Yale Law Review and Alternative Law Journal.

Practice (subject) journals or association journals contain articles which are invaluable to the people who belong to the association or work in a specific practice area.
Many of these articles are well considered and well written but they have not been through the rigorous peer review process.

Examples of these journals include Brief (published by the Law Society of WA for its members), Torts Law Journal (published by Lexis Advance for torts practitioners), and Journal of Banking and Finance Law and Practice (Westlaw Australia).

Newsletters are quick updates for practitioners.
They contain case notes and comments about legislation.
Commentary in newsletters tends to have quickly written impressions and ideas about developments in the law.

Examples of newsletters include Tax Week (CCH IntelliConnect).

How can you find out what is or is not peer reviewed?

The introductory pages to a journal contain information for authors and readers.
These pages include information on publishers, editorial boards and state whether the journal is peer-reviewed.  

You can see from the example given here, taken from the verso (left hand opening page) of the Sydney Law Review, that this journal is a refereed journal.

If there is no statement in the information for authors you can reasonably assume the journal is not peer-reviewed.

However if you want to be absolutely certain you can check the database UlrichsWeb: Global Serials Directory.
This is listed on the Library databases page under the alphabetic entry for U.

You can search this database using the journal title.
On entering the journal title in the UlrichsWeb search box you will be able to find the necessary information to determine if the journal in question is refereed or peer reviewed.

 

Note that the journal publishers have a peer review policy for all articles within the journal.

So, when checking whether an article is peer reviewed, the check is for the journal, not a specific article.

 

 

 

Your task: Use Ulrichsweb to determine if articles in the Murdoch University Law Review are peer-reviewed

Step 1: Access Ulrichsweb Global Serials Directory
Note: the easiest way to access legal databases is from the Legal Research Guide

Step 2: This takes you to the catalogue record for the database.

Select the link to Ulrichsweb: Global Serials Directory located in the Database Home field of the catalogue record.

Step 3: Once you are in the Ulrichsweb database, add the name of the journal in which you are interested into the search box and search by clicking on the magnifying glass icon.
This will take you to the results screen which will contain information about the journal.

Step 4: Look for the black and white sports refereed top icon.
This indicates that the journal is refereed, and that the articles are peer reviewed prior to publication.

 

In this example, there are several entries for Murdoch University Law Review.
These each have different formats (email, print, online) and one is ceased.
You will be able to use this information to determine which result you need to look at. 

Where a journal is a peer-reviewed publication, you will see a symbol making this explicit.
Hover over symbols to understand their meaning.
All three results for this title show that the journal, and articles from it are refereed.

__________________________________________________________

 

Articles sourced from HeinOnline, Lexis Advance, Scopus and Westlaw Australia are all peer reviewed.

Search for journal titles in UlrichsWeb to confirm that a journal's publishing policy is to have articles reviewed prior to publishing.

Library Search does not search CCH, Lexis Advance, Westlaw Australia databases.

Library Search

Databases

Google Scholar

Step 1:

Search by topic or title using Library Search

 
Gale Academic OneFile

Check the box to filter results to Peer review articles only

Step 1:

Search by topic or title using Google Scholar

 

Step 2:

Refine search results by Content Type:

Journal Article

located to the left of screen

 

 

_________________________

 

Step 2:

Search for journal title in Ulrichsweb Global Serials Directory

Note: not the article title

Step 3:

Refine search results by

Scholarly & Peer-Reviewed

 
ProQuest

Check the box to filter results to Peer review articles only

Step 3:

Confirm that journal has black icon of books
indicating it is refereed

undefined

 

Source Journal Articles Using Library Search

Source Specific Articles

Source Articles on a Topic
Your Task: Use Library Search to find the article Preston, Brian, ‘Climate Conscious Lawyering’ (2021) 95(1) Australian Law Journal 51 Your Task: Use Library Search to find refereed journal articles on contributory negligence published since 2015.

Step 1: From the Library homepage, enter "Climate Conscious Lawyering" into the Library Search search box. Click Search.

This is because the article is in a legal database, and Library Search cannot penetrate the pay walls.

You will need to use Library Search to determine which database holds the journal.

 Step 1: From the Library homepage, enter "contributory negligence" into the Library Search search box. Click Search.
Step 2: From the Library homepage, enter "Australian Law Journal" into the Library Search search box. Click Search.

Step 2: You will be taken to a results screen. At the time of writing, this search returned 17,000 results.

This is far too many results to be a useful search. It also includes materials from before 2015 and different types of materials such as books, ebooks, newspaper articles etc.

To make this search useful, and to allow us to locate journal articles published after 2015 on the topic of contributory negligence, we must use the filters and options on the left-hand column of the screen to refine the search.

Step 3: Navigate down the Results list to the entry with the correct journal title that is available online

 Step 3:  Limit your search to refereed materials by selecting Scholarly & Peer-Review. This reduces the results to around 2,300.

Step 3: Click on the link to eJournal: Full Text Online to access the full text of the article.

 Step 4: Limit your search to journal articles by selecting Journal Article. This reduces the results to around 2,150.

Step 5: From the Access online: panel, click on the link to the relevant database

 Step 5: You can limit your search by DISCIPLINE by selecting law. This reduces the results to  around 1,650.

Step 6: Search the database by journal article title "Climate Conscious Lawyering"

Step 6: In the first Publication Date field, type 2015. This will give all articles published since 1/1/2015. This reduces the results to around 220.

Step 7: Select the suggested article title

Step 7: Look through the results list to find an article you are interested in reading.

Find the article titled "Personal injury : contributory negligence". We want to look at the full text of this article.

 

 Step 8: Once you have located the article, either select the title of the article, or the link to Full Text Online to access the full text of the article.

If searching for an article that is not on a legal database, the link  eJournal: Full Text Online will take you directly to the journal article.

Follow any instructions for opening in a new window, if prompted.

Step 9: If the article is available in only one database, you will be taken directly to that page within the database.

If the article is available in a number of databases, you will be taken to a screen that lists each database, and the date range they include.
  PDF copies are excellent for research as they are, in most cases, the 'true to page' format and this allows you to use proper pagination and pinpoint referencing. Pinpoint referencing is where you point the the exact page or paragraph (where numbered) of a document that you are reading.

 

A word of caution about Library Search

Be aware that the Library Search search facility does not link to articles from Lexis Advance or Westlaw Australia (or some other key law databases).

Some databases contain selected full text only. Not all of the results will contain the full text article via the database. If this is the case you can click on the Library Search@Murdoch button, to see if we have access to the full text elsewhere. 

Your task in the next section of this Lesson is to learn how to find articles from two Australian full text databases: Lexis Advance and Westlaw Australia.

When you are searching full text databases you will need to construct your search in a way that the database will understand.
The elements of your search are the "keywords" and the "connectors".

Keywords are those words and phrases which best describe your topic.
If, for example, you are researching the legal aspects of gifts left in a will, you need to think of ways to describe this concept.
Where you are searching for a phrase, you need to put the words of the phrase in inverted commas: "gifts left under a will".
You also need to think about synonyms for your search term such as legacy or bequest.

Boolean Search Connectors

Once the keywords have been established, you will need to consider connectors.
These consist of the following:

  • OR can be used between alternative terms which might be used for the same concept or idea, i.e. synonyms.
    Put the alternative terms in brackets to "clump them" together e.g. (solicitor or lawyer or barrister or "legal representative").
  • AND finds documents that contain all the terms linked by AND.
    A search containing gifts AND wills will ensure that only those articles containing both concepts will be retrieved.
  • NOT ensures that certain words are excluded, e.g. gifts NOT donations.
  • To improve your search you need to use proximity commands.
    In Lexis Advance and Westlaw Australia you can use  /n  to indicate a specified distance between words.
    • For example /10 means terms must occur within 10 words of each term, /5 within 5 words etc - any order
    • /75 means words appear approximately within the same paragraph
    • /25 means words appear approximately within the same sentence
  • The Help buttons on most databases contain hints on searching the database

Truncators

  • To increase your search results you can use truncator symbols with your search terms.
    This symbol is often an exclamation mark ! but can vary between databases.
    Please refer to the database's individual help page to check its own protocol.
  • Truncation example: beque! will retrieve bequest, bequests, bequesting, bequeath, bequeaths, bequeathing, bequeathed

The following two pages in this Lesson familiarise you with searching the two major Australian full text law journal databases - Lexis Advance and Westlaw Australia.

Sourcing a journal article on Lexis Advance

 

Complete the tutorial: 

(use an Internet browser OTHER THAN Chrome  eg Brave, Firefox, Microsoft Edge)

 

Source Article by Citation

Task: Search for (2013) 27 AJFL 135

Search for Article by Title

Task: Search for "Resolving the Dilemma of Legal Parentage for Australians Engaged in International Surrogacy"

Search by Topic

Task: Search for articles discussing the Australian Citizenship Act 2007 (Cth).

Search by Legislation

Task: Search for articles discussing the Australian Citizenship Act 2007 (Cth) s 16.

Step 1: 

Translate the abbreviation of the journal title into full using Cardiff Index to Legal Abbreviations

Type AJFL into Cardiff

Copy the full title of the journal: 

Australian Journal of Family Law

Step 1: 

Select Secondary Materials tab in Quick Find 

Step 1: 

Click on Advanced Search
Select Secondary Materials from the dropdown menu.

Step 1: 

Select Legislation tab in Quick Find 

Step 2:

Search for the full title of the journal using Library Search

Type the journal title within double inverted commas

Example: "Australian Journal of Family Law"

 

Step 2:

Enter the article title:
Resolving the Dilemma of Legal Parentage for Australians Engaged in International Surrogacy

Click on Search

 

Step 2:

Enter the details of the Act in either:

Terms;  OR

References to Legislation by Title.

Then click on Search.

 Note: Do not search in both boxes at the same time.
This can negate the search and lead to no results!

 

You can also use the Terms search option to search for commentary on a particular topic by entering relevant search terms.

Step 2:

Type   Australian Citizenship Act 2007   in the Legislation Title box

As you begin typing the Act name in the search box, suggestions will be made.
If there is a relevant suggestion, select it.
The search box will be populated with the appropriate information.
If a relevant suggestion isn't made - keep typing (and check your spelling!)

Type  16   in the Provision Number box.

Step 3:

Source the journal on the correct database

From the Library Search Results list, select the relevant result

Step 3:

Select the article title from the Results list

Step 3:

Look at the results list.  The left-hand panel will allow you to narrow the results.
Select Journals from the Content type list to ensure your results are all from commentaries.
 

 Step 3: 

Click on Search

Step 4: 

Select the link to Lexis Advance from the Access Online pane

  

Step 4: 

You can use the Search Within Results box to enter additional search terms when researching a particular topic.

Step 4:

You will be taken to the search results page.
Select the link
View this passage in full document

Step 5: 

Option 1:

Search for (2013) 27 AJFL 135 in the top search box to search within this journal title

 

Option 2:

Navigate through the issues list to (2013) 27 AJFL No 2

Expand the issue to select the second article

    

Step 5:

Click on the link
>> View Legislation Citator
locatedto the right of the section heading
     

Step 6:

Click on the link to Secondary Materials to quickly navigate to this section of the LawNow record

 

Sourcing a journal article on Westlaw Australia

Search for Article by Title

Task: Search for "Children of the Dead: Posthumous Conception, Critical Interests and Consent"

Search for Articles by Topic

Task: Search for articles discussing wills and family inheritance.

Step 1:

Access Westlaw Australia  database.

Step 2:

Type the article title into the global search box

Tip:
enclose title in double inverted commas

 

PAUSE!

Step 1:

Access Westlaw Australia database.

Step 2:

From the Westlaw Australia database homepage, select Content type Secondary Sources

.

Step 3: 

Select the suggested article

Step 3: 

Select By Type  Law Reviews & Journals

Step 4: 

Read article in plain text.

Open PDF copy for page numbers (for pinpoint referencing)

Step 4: 

Select Advanced search
 

Step 5: Add the search terms wills and (family /25 inherit!) into the All of these terms box.

Boolean & Connectors:
  the exclamation mark is a truncator
  /25 is the proximity limiter - the words must appear within 25 words of each other (within the same sentence)
 

Step 6: There are around 40 results for this search. 
You can narrow the search.
Select Search within results.
Add "Western Australia" OR WA
Click on Continue
Click on Apply
 

Step 7: This should give approximately 25 results. Look at the article:

Children of the Dead: Posthumous Conception, Critical Interests and Consent 
 

Step 8: Click on the article title

The details of the journal article can be found here, and the full text is available as a PDF.

Note that the citation does not fully comply with AGLC, but give details from which to start.

 

What are Journal Indexes?

Journal Indexes are searchable databases that contain bibliographic information on articles published in a range of journals.
They provide information about the journal article - they identify and describe it - but do not always contain the full text of the article itself.
They are useful tools to search and locate articles, and they provide enough citation information for you to locate the full text either in another databases or in print in the Library.

There are a number of key Journal Indexes in law. One of these is AGIS Plus Text (Attorney General's Information Service).
AGIS Plus Text is an index and abstracting service for Australian legal materials dating back to 1975 which also contains links to some full text information.
Not all of AGIS abstracts include the full article. AGIS is one of the most significant legal databases for Australian legal research and one that you should use on a regular basis. 

AGIS Plus Text is included in the Informit database.
It is one of the few law databases that can be searched using the Library Search search box.

When would you use AGIS Plus Text?

If you know the name of a case or statute you would use AGIS Plus Text to find articles which you could quickly read to give you a general understanding about the importance of the case or statute.

If you are looking for articles about Dietrich v The Queen (1992) 177 CLR 292 you could type in "177 CLR 292".
You would find over 500 articles listed which discuss this case.
Filter the Results by Resource Type: Journals and Legal Case: Dietrich v The Queen (1992) 177 CLR 292 to reduce the Results to around 70 articles.
Filter by Limit To: Peer Review. This significantly reduces the number of Results!

Most of the time, however, you will be searching AGIS Plus Text to find articles about a topic.

 

Source Article Available in Full Text
on Informit including AGIS

Task: Use AGIS Plus Text to find articles about wills and probate in the circumstances of a divorcing couple.

Source Article Not Available in Full Text on Informit including AGIS

Task: Use AGIS Plus Text to find articles about wills and probate in the circumstances of a divorcing couple.

Step 1: Access Informit including AGIS Plus Text
Note: the easiest way to access legal databases is from the Law Subject Guide

Step 1: Access Informit AGIS Plus Text
Note: the easiest way to access legal databases is from the Law Subject Guide

Step 2: This will take you to the Catalogue page for the database where you will find more information about the database's content and coverage.
Click on the database title beside the word Connect to access the database itself. 

If you are accessing the database off campus, you will be asked for your Murdoch username and password at this point.

 Step 2: Click on the database title beside the word Connect to access the database itself. 

Step 3: Enter the search terms joined together with the AND Boolean search connector:
will AND probate AND divorce

Tips:
Search databases in the singular, as they automatically search for the singular and plural of a word.
Truncate words that may have possible endings
eg implement!, delay!, abandon!

 Step 3: Enter the search terms joined together with the AND Boolean search connector:
will AND probate AND divorce

Step 4: Filter the Results by Database: AGIS Plus Text

Step 4: Filter the Results by Database: AGIS Plus Text

Step 4: Navigate to article available in full text.

Click on the link to PDF/EPUB to access the article in full text

Step 4: Not all articles are available in full text

Click on the article title to open the full record for 'Wills and Probate Law: The New Rules'
  Step 5: The DETAILS panel (to the right on screen) includes: 
  •  journal title, including the volume and page numbers
    - useful to find the full text from another source and to cite your article correctly
  • legislation relevant to the subject matter being discussed in the article
    This is another example of how the secondary sources point you to the primary sources
  • subject headings linking to other articles on the same topic
  • FINDIT@MURDOH button - quick link to Library Search
  Step 6: Click on the FindIt @ Murdoch button.

Search by journal title "Law Institute Journal"
 

Step 7: Use the article details to select the resource with the relevant year holdings: 1995 Volume 69

In this instance, the article is only available in print, as the online holdings do not include 1995.

 

Journal articles, like cases, can be referenced by their citation.

The steps to sourcing a journal article are similar to sourcing a case by citation.

Sourcing journal articles by citation

  • Step 1: Solve the abbreviation of the court reporting service into full using Cardiff 
  • Step 2: Search for the full name of the journal title in the Library Search
  • Step 3: Source the journal from the correct database
    (e.g. HeinOnline, Informit, Lexis Advance or Westlaw Australia)
  • Step 4: Search for article by citation, title or author, or browse the volumes with the database

 

Example: Thomas Kearney, ' The Unresolved Problem of Expert Evidence' (2018) 92 ALJ 127

 

Step 1: Solve the abbreviation of the court reporting service into full using Cardiff Index to Legal Abbreviations

Access the link to Cardiff Index to Legal Abbreviations from the Legal Research Guide home page.

Scroll down the page to the list of databases

Click on the link to Cardiff Index to Legal Abbreviations

Enter the abbreviation into the search pane

Copy the full title of the journal

 

Step 2: Search for the full name of the journal title in Library Search

OR Search the Library holdings by Title for Australian Law Journal

 

 

Step 3: Source the journal from the correct database

From the Results list, select the link to the Australian Law Journal (Online)

From the View Online / Full text availability section, select the database link: Westlaw Australia

 

Step 4: Search for article by citation, title or author, or browse the volumes

Search the journal content by Article Title, Article Citation, Author or browse the volumes and issues using the menu on the left of the screen.

Step 5: Access PDF

Click on the link to access the PDF version of the original article

What if Murdoch doesn't hold the journal I need for an article?

When Murdoch Library does not hold an article you are seeking, you might be able to request a copy from another Library.

The Borrowing From Other Libraries page has more detail on how to do this.

You must know as much of the bibliographic (citation) information about the article as possible, and once a request is filled you will be sent a PDF copy of the article that you can access through My Library.

Federal Government Media Releases

Step 1: Access ParlInfo from the Parliament of Australia website

Step 2: Select the Advanced Search/Browse tab

Search

Releases on early career researchers

Browse

Releases from 2021

Step 1: Add search terms to text box  e.g.  early career researchers

 Step 1:  Scroll down the list of Collections

Step 2:  Scroll down the list of Collections

Step 2:  Click on the magnifying icon beside Press Release

Step 3:  Check the box for Media

 Step 3:  From the Browse menu on the left of screen, filter the Results by Date - select the decade 2020s
Step 4:  Click on Search Step 4:  From the specific years list, select 2021
  Step 5:  Filter the results by any of the other filters option to refine the results list

Western Australian Government Media Statements

 Access Government of Western Australia Media Statements SharePoint site

Search

Releases on early career researchers

Advanced Search

Releases on early career researchers

Browse

Releases from 2021

Step 1: Add search terms to text box in top right hand corner of screen e.g.  early career researchers

WA Government Media Statements can

  • Search By Minister
  • Search By Region
  • Search By Portfolio

Step 1: Select Search By Region from the menu on the left of screen

 

WA Government Media Statements can be browsed 

  • By Minister
  • By Region
  • By Portfolio

Step 1:  Select By Region from the menu on the left of screen

Step 2:  Click on the magnifying glass icon to Search

 Step 2:  Add search terms to text box
e.g. research

Step 2:  Select the South Western Suburbs region

 

Step 3:  Check the box for Media

 

Step 3:  Select a Region from the drop down menu
e.g. South Western Suburbs

 Step 3: Click on the magnifying glass icon to Search
Step 4:  Click on Search Step 4:  Click on the magnifying glass icon to Search Step 4:  Browse through list of media releases

 

Activity indicator 1.    Use AGIS Plus Text (Informit) to find articles about assisted dying, which were published since 2018.  You should find an article entitled "Voluntary assisted dying: Not a simple matter of life or death." From which journal has this article come?

a. Proctor
b. The Law Society Journal
c. Australian Medicine

Response:

 

Activity indicator2.    Looking at the AGIS Plus Text record for the article you found in the previous question "Push for equal marriage rights", what are the subject headings listed?

a. Assisted suicide--Law and legislation; Rule of law; Euthanasia--Social aspects
b. Euthanasia--Law and legislation; Palliative treatment; Legal ethics
c. Rule of law; Euthanasia--Law and legislation; Equality before the law

Response:

 

Activity indicator 3.    Is this article available from the Murdoch Library?

a. Yes
b. No

Response:

 

Activity indicator 4.    Finding articles on Lexis Advance

Search for journal articles on Lexis Advance which discuss the topic of women and land rights. Scroll down your results until you find an article with the title "Land rights and gender equality in the Pacific region". Which of the following is the correct citation for this article?

a. (1998) 12 Australian Journal of Family Law 99
b. (2006) 20 Australian Journal of Family Law 132
c. (2005) 11 Australian Property Law Journal 131

Response:

 

 

Activity indicator 5.    Open the article

Now go to the bottom of page 135 and find the sentence which finishes at the beginning of page 136. This sentence is which of the following?
(You will need to open the PDF version to answer this question.)

a. "Also, in many cases land matters are disputed and settled outside the formal legal framework and even if they are brought within these, there may be provisions for such courts to take into account custom."
b. "Disadvantages suffered by women in respect of real property rights are not limited to Pacific Island countries."
c. "However married women are unlikely to be successful in their challenge to estates other than those of their husband and adult unmarried women may be unlikely to succeed if they are still of marriageable age, because the obligation to make provision for close kin is viewed within the general social context."

Response:

 

Activity indicator 6.    Citing an article from an online journal

Which of these citations correctly follows AGLC rules for citing journal articles in a footnote found online?

a. Hockley, John, 'Statutory wills in Australia: Wills for persons lacking capacity' (2006) 80 Australian Law Journal 68
b. John Hockley, 'Statutory Wills in Australia: Wills for Persons Lacking Capacity' (2006) 80 Australian Law Journal 68.
c. John Hockley, 'Statutory Wills in Australia: Wills for Persons Lacking Capacity' (2006) 80 Australian Law Journal 68, Electronic Westlaw AU (30 January 2013)

Response:

 

Finding articles on Westlaw Australia


Activity indicator7.    Search for journal articles on Westlaw Australia to find articles discussing the topic of wills and family inheritance.

One of the articles in your results has the title Legal pragmatism and the pre-birth continuum: An absence of unifying principle. Which of the following is the correct citation for this article?

a. 15 Journal of Legal Medicine 272
b. (2007) 15 Journal of Law and Medicine 272
c. (2007) 15 Journal of Law and Medical Malpractice 272 

Response:

Activity indicator8.    Now go to the top of page 277 of this article.  Which of these sentences is there?
You will need to open the pdf version to answer this question.

a. "The Deputy Commissioner returned to the starting point of a human being developed in
Fertilitescentrum AB and Luminis Pty Ltd and refined when and what fertilisation of human life
constitutes for the purposes of s 18(2)."
b. "The common law has historically been clear – the rights of the unborn do not exist prior to birth."
c. "These reports stemmed from the reform in the United Kingdom, which had not included a requirement to reflect likely intentions."

Response:

 

 

Citing an article from an online journal

(Please note that if a journal is published in both print and electronic formats, the rules for citing an article follows that for print format. The rule differs if the journal is published in electronic format ONLY.)


Activity indicator9.    Which of these citations correctly follows AGLC rules for citing online journal articles in a footnote?

This journal is published in both formats.

a. Hockley, John, 'Statutory wills in Australia: Wills for persons lacking capacity' (2006) 80 Australian Law Journal 68
b. John Hockley, 'Statutory Wills in Australia: Wills for Persons Lacking Capacity' (2006) 80 Australian Law Journal 68.
c. John Hockley, 'Statutory Wills in Australia: Wills for Persons Lacking Capacity' (2006) 80 Australian Law Journal 68, Electronic Westlaw Australia (30 January 2011)

Response: