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Federal Legislative History

 

NEWSPAPERS, BOOKS & JOURNALS

The goal of a legislative history is to provide courts with guidance when an enacted text is capable of two reasonable, but inconsistent, readings. In order to provide the court with a complete picture of the circumstances surrounding the legislation, it may be necessary to include information about the political, historical, and philosophical climate at the time of the enactment. Commentators' analysis of the "problem" as well as suggested "solutions" may also provide additional insight.  There are a number of secondary sources that can be helpful in providing information about a piece of legislation, including newspaper articles, and law review and journal articles.

Newspapers and news magazines may be the first to discuss the facts or situation which lead to the legislative response. It is usually preferable to reference newspapers with well-respected editorial staffs, such as:

  • The New York Times, Current Awareness, 7th Floor.   It is also available on the Web (free registration required) and on Lexis
  • The Washington Post (survey may be required) - also available on Lexis and Westlaw
  • The Wall Street Journal, Current Awareness, 9th Floor and on Microfilm, HG1 .W26, 6th Floor.   It is also available on the Web (paid subscribers only) and on Westlaw
  • National Journal from the Library's Electronic Resources page (accessible on campus or off campus with valid network ID and password).
  • Congressional Quarterly Weekly Report, JK1 .C15, 8th Floor

Journal and Law Review articles, although not directly involved in the enactment process, are frequently the first sources to provide a thoughtful analysis and response to the underlying situation and existing legal remedies. Journal and law review articles can be located by using:

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