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Researching Statutes

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You'll need between 3-5 volumes to cover an entire Congressional session. ... There is a congressional office that decides where a statute gets placed in the code. ... – PowerPoint PPT presentation

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Title: Researching Statutes


1
Researching Statutes
  • Mark D. Engsberg, JD, PhD, MSLISInternational
    Law Librarian and Lecturer in Legal
    ResearchLillian Goldman Law LibraryYale Law
    SchoolP.O. Box 208215New Haven, CT 06520Phone
    (203) 432-7371FAX (203) 432-4606E-mail
    mark.engsberg_at_yale.edu

2
Federal Statutes
  • Enacted one at a time
  • Each one is created as an individual entity known
    as a public law (abbreviated P.L.)
  • Published individually and numbered
    chronologically
  • For example P.L. 100-23 can be read as the 23rd
    act passed by the 100th Congress

3
A statute is
  • A law enacted by a legislative body
  • Federal
  • State
  • Or other level (e.g territorial legislature, as
    in Puerto Rico)

4
  • Federal Statutes are first published in pamphlet
    form called a slip law.

5
They are then published in bound volumes in the
United States Statutes at Large (Stat)The
Statutes at Large are an official source of the
law.
  • New volumes are published about two years behind
    the enactment of laws, so as a print resource,
    the US Statutes at Large are often woefully out
    of date.
  • The US Statutes at Large is located in the main
    reading room on L3 of the library.

6
To find a particular statute
  • It helps to know the year or Congress number in
    which it was enacted.
  • Go to the US Statutes at Large volume (s)
    covering that year/Congress.
  • The laws enacted in that year are published in
    full text in numerical order.

7
Individual statutes can also be found in a
similar set entitled U.S. Code, Congressional,
and Administrative News (USSCAN)
8
USSCAN also contains some legislative history of
the statutes (hearings, reports, etc.)
  • USSCAN updated regularly with soft-bound
    supplements
  • Youll need between 3-5 volumes to cover an
    entire Congressional session.

9
But what if I dont know the Congress or year of
the statute? How would I find laws related to,
for example, the Uranium Pew-36 Explosive Space
modulator?
10
You have to use THE CODE
11
The United States Code
  • An organized subject arrangement containing all
    statutes of general application currently in
    force.
  • Along with the US Statutes at Large, its an
    official source of US law.
  • Contains 50 titles (because there are 50 states!)
  • There is a congressional office that decides
    where a statute gets placed in the code.

12
There are this many unofficial US Code
publications.They are
13
  • United States Code Annotated (aka USCA)
  • --A West Publication!
  • United States Code Service (aka USCS)
  • --A Lexis Publication!
  • All three publishers organize these sets by title
    numbers and section numbers. The same numbering
    is used in all three sets.
  • e.g. 42 U.S.C. 1983 is the same text as 42
    U.S.C.A. 1983 and 42 U.S.C.S. 1983.

14
Advantages to the USCA and USCS
  • USCS and USCA are annotated codes. They contain
    very helpful references to cases, encyclopedia
    topics, and law review articles that construe,
    explain, or otherwise discuss a particular
    statute.
  • They are published more frequently than the USC.
  • They are much better indexed.

15
Code Indices
  • Use the code index to find statutes on a
    particular subject.
  • Indices are usually in separately bound volumes
    at the end of the code set.
  • Look under any and all relevant terms.
  • The index will provide title and section numbers.
  • Do not forget to check the pocket parts and/or
    supplements.

16
Tables Volumes
  • Use these to locate statutes by popular name
    (e.g. the Brady Law).
  • You can also use them to trace a public law (each
    section) to its location in a code.
  • P.L. numbers and section numbers appear in the
    first two columns of a table and are matched with
    title and section numbers of a code in the third
    and fourth columns.
  • Tables volumes are also useful for finding where
    an older statutory section was placed after a
    code was re-organized or re-numbered.
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