1. Research Refresher: Statutes & Legislative History Duke Law Library Workshop April 4, 2008 Jennifer L. Behrens

2. Today’s Agenda How a Bill Becomes a Law How a Bill Becomes a Law How Statutes Are Published How Statutes Are Published How to Locate All the Documents Created In Between How to Locate All the Documents Created In Between How This Will Make Your Boss More Pleasant to Be Around How This Will Make Your Boss More Pleasant to Be Around

3. How a Bill Becomes a Law This review focuses on the federal legislative process. This review focuses on the federal legislative process. Individual states may vary in their legislative processes, especially in the general availability of legislative history materials. Individual states may vary in their legislative processes, especially in the general availability of legislative history materials.

4. 1. Someone gets a bright IDEA. The current term of copyright protection is way too short! --1996

5. 2. BILL is introduced on floor.

6. 3. Bill is referred to committee. Committee assignment based on subject matter. Committee assignment based on subject matter. Most bills “die” in committee. Most bills “die” in committee. But those that survive usually generate a few reports, which contain section-by- section analyses of its provisions. But those that survive usually generate a few reports, which contain section-by- section analyses of its provisions. Reports are generally considered the most “authoritative” legislative history material. Reports are generally considered the most “authoritative” legislative history material.

8. 3. Committees, continued The committee may also hold hearings, in which interested parties are invited to testify or submit statements. (Disclaimer: Not all hearings are published. Or put on C-SPAN.)

9. 4. Bill released to full chamber. There may be debates on the floor. There may be debates on the floor. Congressional Record (3/25/1998)

10. 4., continued There may be a vote. There may be a vote. If the bill passes in one chamber, it goes to the other. Process starts again. If the bill passes in one chamber, it goes to the other. Process starts again. In this case, the House suspended its rules and passed the Senate version of the bill (S. 505). In this case, the House suspended its rules and passed the Senate version of the bill (S. 505).

11. 5. Different versions reconcile. If bill was amended in its trip to the other chamber, or the other chamber adopts its own version, they must be reconciled into a final version. If bill was amended in its trip to the other chamber, or the other chamber adopts its own version, they must be reconciled into a final version. This is done through a conference committee, made up of reps from both chambers. This is done through a conference committee, made up of reps from both chambers. Conference report will be issued if this happens. Conference report will be issued if this happens.

12. 6. Final bill approved in both. Sent to President for approval or veto. Sent to President for approval or veto. President may issue a “signing statement” at this time. (In this case, he did not. A related example:) President may issue a “signing statement” at this time. (In this case, he did not. A related example:) Weekly Compilation of Presidential Documents / Public Papers of the Presidents

13. 7. Bill becomes a public law.

14. How Statutes Are Published Public laws are first issued as “slip laws” (individual pamphlets), in paper and online. Public laws are first issued as “slip laws” (individual pamphlets), in paper and online. Slip laws are then compiled into session laws, a bound volume of public laws in chronological order. Slip laws are then compiled into session laws, a bound volume of public laws in chronological order. Session laws eventually re-arranged into a code, a subject-based arrangement of all public laws which are currently in force. Session laws eventually re-arranged into a code, a subject-based arrangement of all public laws which are currently in force.

15. Session Laws Official: Statutes at Large (cited as Stat.) Official: Statutes at Large (cited as Stat.) Available online 1789-present in: Lexis/Westlaw; HeinOnline (PDF) Unofficial: U.S.C.C.A.N. (includes selected legislative history materials) Unofficial: U.S.C.C.A.N. (includes selected legislative history materials) Available online 1941-present in: Westlaw

16. Codes Official: U.S. Code –Published by Government Printing Office every six years…sort of. –No annotations or “added value” material (references to secondary sources, etc.) Unofficial: United States Code Annotated (“U.S.C.A.”) / Westlaw United States Code Annotated (“U.S.C.A.”) / Westlaw United States Code Service (“U.S.C.S.”) / Lexis United States Code Service (“U.S.C.S.”) / Lexis

17. Codes Codes are divided into “Titles” (50 in U.S.C.) Codes are divided into “Titles” (50 in U.S.C.) “Title 9” of U.S.C. ≠ “Title IX”! “Title 9” of U.S.C. ≠ “Title IX”! –Titles with Roman numerals are internal to a session law. A single session law may end up being codified across many different sections of the Code (“scattered”). A single session law may end up being codified across many different sections of the Code (“scattered”).

18. Finding known cites Can simply enter citation into search box: Can simply enter citation into search box: –“Get a Document” (Lexis) –“Find by Citation” (Westlaw) If you don’t have the proper citation abbreviation, use If you don’t have the proper citation abbreviation, use –“Find a Source” (Lexis) –“Publications List” (Westlaw)

19. Finding unknown cites When searching by topic, remember to use SEGMENTS (a.k.a. “fields”) to narrow down your topic. To search for a term in just the specified title, subtitle, and chapter of the statute, limit to HEADING (Lexis) / PRELIM (Westlaw) To search for a term in just the specified title, subtitle, and chapter of the statute, limit to HEADING (Lexis) / PRELIM (Westlaw) To search for a term in the section number and description, use SECTION (Lexis) / CAPTION (Westlaw) To search for a term in the section number and description, use SECTION (Lexis) / CAPTION (Westlaw) You can also limit your search to the TOC in both. You can also limit your search to the TOC in both.

22. Searching the full text of statutes is less efficient (will give you more results, but more irrelevant results too). Better options: 1.Look in the index volume or databases for your keywords 2.Browse the Table of Contents (relevant sections are often close together) 3.If you must search the full text, restrict by relevant titles and use fields to limit your results.

23. If you are looking for sections of the code amended by a particular public law, you can use the “credit” field to bring them up. You can also consult the USCA Tables volume (USCA-TABLES database on Westlaw) to find which sections of the Code were amended by a particular Public Law. Money-saving tip: Tables are also available in print versions of the Code (official and unofficial).

25. Navigating the databases Popular Name Table: can look up a law if you only know the short title. Popular Name Table: can look up a law if you only know the short title. Available on both Lexis and Westlaw, as well as in print. Available on both Lexis and Westlaw, as well as in print. –Appendix volumes to both annotated codes –Separate volume published by Shepard’s –Print version is much more cost-effective!

26. I’ll skip a few screens in the interest of time.

29. Navigating the databases BOOK BROWSE (Lexis) or “Previous/Next section” (Westlaw)— allows you to easily navigate through consecutive sections of the Code. BOOK BROWSE (Lexis) or “Previous/Next section” (Westlaw)— allows you to easily navigate through consecutive sections of the Code. Think of it like turning the pages of a book. Think of it like turning the pages of a book. More cost-effective way to search statutes—can view adjacent sections at no extra charge [Lexis only!]. More cost-effective way to search statutes—can view adjacent sections at no extra charge [Lexis only!].

33. Navigating the databases Remember: the databases you see on the home page are NOT the only available options! Remember: the databases you see on the home page are NOT the only available options! For a complete listing, consult: For a complete listing, consult: – View More Sources (Lexis) – Directory (Westlaw) Keep in mind: Keep in mind: Bigger database = bigger bill…

39. Updating statutes Both Lexis and Westlaw offer services to update your statute, in order to find cases which have interpreted it. Both Lexis and Westlaw offer services to update your statute, in order to find cases which have interpreted it. –Lexis: Shepard’s –Westlaw: KeyCite Presentation of results is significantly different between the two services. Presentation of results is significantly different between the two services.

40. A case might cite the entire section generally, or just one specific sub-section. You’ll need to click all the links that apply to your research.

41. You can restrict your results to only view cases with negative treatment (“All Neg”); or only cases with positive treatment (“All Pos”); or by specific jurisdictions/headnotes/keywords (“FOCUS- Restrict By”).

43. This page also displays any “pending legislation” in the current session of Congress which has the potential to affect your statute.

45. The “Notes of Decisions” option will focus your results to display only cases which deal with a specific West headnote.

47. Historical statutes Session laws (Statutes at Large) Session laws (Statutes at Large) –Lexis: Statutes at Large; USCS-Public Laws (1988- ) –Westlaw: US-STATLRG (1789-1972 in PDF); US-PL-OLD (1973-previous Congress); US-PL (current Congress) Also historical versions of the U.S. Code back to early 1990s Also historical versions of the U.S. Code back to early 1990s

51. U.S.C.A. historical versions date back to 1990 on Westlaw.

52. Finding Legislative History Documents

53. Documents for Particular Law First, gather as much information as you can about the law you’re researching. First, gather as much information as you can about the law you’re researching. –Short title (popular name) –Public Law number –Statutes at Large citation –Original bill number

54. Compiled LH Start by looking for a compiled legislative history—a single or multi- volume book that reprints all LH materials for a particular statute. Start by looking for a compiled legislative history—a single or multi- volume book that reprints all LH materials for a particular statute. –Johnson, Sources of Compiled Legislative Histories (also available through HeinOnline) HeinOnline –Reams, Federal Legislative Histories: An Annotated Bibliography

58. Compiled LH Also may be available in subject treatises (usually as appendix volume). Also may be available in subject treatises (usually as appendix volume). –Nimmer on Copyright

60. Compiled Legislative Histories Compiled LH may also be available as separate databases in Lexis and Westlaw. Compiled LH may also be available as separate databases in Lexis and Westlaw. Usually these are prepared for “major” (famous) acts: Usually these are prepared for “major” (famous) acts: –USA Patriot Act –Americans with Disabilities Act –Clean Air Act Amendments

62. Lexis compiled LH collection tends to be strongest for environmental law and commercial law (bankruptcy, banking, etc.)

63. Directory > U.S. Federal Materials > …>

65. Use the information buttons (i) to learn about the contents of a database, and tricks for searching in it with fields.

67. Westlaw often defaults to a search box, but you can also browse a table of contents in many databases. Just look up!

69. DIY Legislative History If you are not lucky enough to have a ready-made compiled LH volume, there are several methods for doing it yourself (DIY). If you are not lucky enough to have a ready-made compiled LH volume, there are several methods for doing it yourself (DIY). Remember to make note of the P.L. number & original bill numbers. Remember to make note of the P.L. number & original bill numbers. Find citations to LH documents Find citations to LH documents –Cases; statutes –Secondary sources –CIS Index

70. CIS Index (1970-present) Provides list of LH citations for a particular Public Law number; separate volume gives lengthier abstracts of each document. Provides list of LH citations for a particular Public Law number; separate volume gives lengthier abstracts of each document. Numbering system (CIS) corresponds to a microfiche collection (normally on Level 1 of the library); some materials are also available online. Numbering system (CIS) corresponds to a microfiche collection (normally on Level 1 of the library); some materials are also available online. Available in print, LexisNexis and LexisNexis Congressional. Available in print, LexisNexis and LexisNexis Congressional. LexisNexis Congressional LexisNexis Congressional

71. (1789-1980) (1970- )

74. Insert TOC page 105-298

75. Use the CIS number to locate the full text on microfiche. Documents available full-text on Lexis are also linked from here.

77. Other sources for LH documents The federal government makes much LH material available online in PDF through GPO Access (http://www.gpoaccess.gov). The federal government makes much LH material available online in PDF through GPO Access (http://www.gpoaccess.gov).http://www.gpoaccess.gov –Includes committee reports, selected hearings, and the daily Congressional Record –Generally 1994-present –Browsing works better than searching

80. Other sources for LH documents You can access the full text and status of federal bills (1973-present) for free through THOMAS (http://thomas.loc.gov) You can access the full text and status of federal bills (1973-present) for free through THOMAS (http://thomas.loc.gov)http://thomas.loc.gov –Includes links to Congressional Record and committee reports, where available –More sophisticated searching than on GPO Access

83. LexisNexis Congressional A campus-wide version of LexisNexis, which is available to you off-campus with NetID and password. A campus-wide version of LexisNexis, which is available to you off-campus with NetID and password. Biggest advantage is the new Digital Collection of congressional hearings in PDF, 1824-present. Biggest advantage is the new Digital Collection of congressional hearings in PDF, 1824-present.

84. Search defaults to “Previous 2 years” – if you get no results, double-check that!

86. U.S. Serial Set Digital Collection Another campus-wide database, available to you off-campus with a NetID and password. Another campus-wide database, available to you off-campus with a NetID and password. Contains House and Senate reports and documents in PDF from 1817-1941 (still digitizing, will eventually cover up to 1980). Contains House and Senate reports and documents in PDF from 1817-1941 (still digitizing, will eventually cover up to 1980). U.S.C.C.A.N. may cover the gaps in between. U.S.C.C.A.N. may cover the gaps in between.

88. HeinOnline Available off-campus with NetID. Available off-campus with NetID. In addition to compiled legislative history we discussed, offers: In addition to compiled legislative history we discussed, offers: –Bound Congressional Record in PDF from 1873-1928//1973-present –Presidential publications dating back to Washington –Statutes at Large in PDF, complete set –State session laws for selected years

90. Remembering this later

92. State LH materials As mentioned previously, states vary widely in their publication of LH materials. As mentioned previously, states vary widely in their publication of LH materials. Consult a state-specific research text for the area where you will be practicing. Consult a state-specific research text for the area where you will be practicing. Also look for the web sites of in-state law schools, which may offer online research guides. Also look for the web sites of in-state law schools, which may offer online research guides. Westlaw’s new NetScan library offers state LH materials. Westlaw’s new NetScan library offers state LH materials.

94. Upcoming Research Refreshers Monday 4/7: “You Want Me to Research WHAT?!”: Getting Background and Keeping Current Monday 4/7: “You Want Me to Research WHAT?!”: Getting Background and Keeping Current Tuesday 4/8: Life After Rewards Points: Free & Cheap Legal Research Tuesday 4/8: Life After Rewards Points: Free & Cheap Legal Research Thursday 4/10: Putting It All Together: Taking an Assignment from Start to Finish Thursday 4/10: Putting It All Together: Taking an Assignment from Start to Finish Friday 4/11: Business Law Boot Camp Friday 4/11: Business Law Boot Camp