Researching Statutes

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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
  [phone]FAX [phone]E-mail
  mark.engsberg_at_yale.edu

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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

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A statute is

• A law enacted by a legislative body

• Federal
• State
• Or other level (e.g territorial legislature, as
  in Puerto Rico)

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

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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  the US Statutes at Large are often woefully out
  of date.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.

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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.

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Individual statutes can also be found in a
similar set entitled U.S. Code, Congressional,
and Administrative News (USSCAN)
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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.

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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?
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You have to use THE CODE
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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.

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There are this many unofficial US Code
publications.They are
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• 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.

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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.

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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.

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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.