| No. 471 | October 2001 |
In This Issue
Digging for Congressional Intent: Basics in Locating Legislative Histories
New Librarian Joins Staff
Printing Tip
Working With Simeon
What The World Is Saying ...
Alphabet Soup: Part II: Reporter Abbreviations
Cumberland Grad ... Alabama, Mississippi, and Florida Connections
Research of legislative histories provides a way of looking beyond the plain meaning of a statute and sorting through its ambiguity to find the intent of lawmakers when interpreting law. The availability of historical documentation for state statutes varies from state to state; Alabama usually maintains none of the documentation (other than the bills) that is commonly used to find representatives' intent. On the Federal level, however, there is usually a plethora of materials to consult in finding the intent of Congress in passing legislation. The discussion below provides a basic understanding of the types of documents available for Federal legislative history as well as the types of resources available for finding such materials.
Bills
After a bill is introduced on the floor of either chamber of Congress, it will be published, given a bill number and referred to a committee for consideration. Over a period of time, there may be a series of changes in the bill; the evolution of the bill to its final form at passage into law can shed some light on the intended goals of the legislation. However, reasons for changes made in the bills are not usually clear without other documentary evidence.
Congressional Hearings
Hearings occur before committees and subcommittees of the House and Senate and provide an opportunity for specialists and interest groups to give their views concerning a particular bill to be considered in that chamber of Congress. It must be remembered, however, that relevant hearings may occur before a bill is introduced. The hearing record can consist of research documents, reports and testimony submitted by participants outside the Congressional body who may be for or against a proposed bill. This fact is important to consider; the documentation and testimony does not provide a conclusive glimpse of the legislator's intentions when voting for the bill, but it does provide much of the information that the chamber's members had available in making a decision on how to vote.
Floor Debates
Floor debates of the House or Senate provide information as to how individual members of those chambers view a particular bill. In addition to actual debates, members can submit prepared statements that will be read into the record. This documentation can be found in the Congressional Record or its predecessors (Congressional Globe, Register of Debates and Annals of Congress; all available in the Government Documents office of the Samford Library).
Committee Reports
Congressional committee reports are usually considered the most important part of a law's legislative history. This also includes reports from any conference committees which may be involved. These reports will typically contain the text of the bill, a section-by-section analysis and the committee's reasons for its recommendations. It will also give the views of any committee members who dissent from the committee's actions. If the bill goes to conference committee, that committee usually prepares a report explaining any compromises made and includes the text of the language which resulted from the compromise. Committee reports can provide direct evidence of intent on many occasions. However, the report may not even begin to discuss the aspect of the bill needed for your research; in such a situation, debates on record, hearing testimony and other documents may be needed to glean any evidence of legislative intent.
Starting Your Research
Assuming that you have a bill or act that you wish to research, you will need to begin with information identifying that particular bill or law. This information can come in the form of a bill number, a public law number, or a Statutes at Large citation. With this information, the legislative history researcher can normally begin the search for documentation. The choice to be made at this time is whether to pursue online or print options for finding history. As a Samford University researcher, you currently have access to the Congressional Universe database, which provides legislative histories since the 91st Congress (1969-1970). Prior to that period of time, print and microform resources are available.
Resources
USCCAN
The usual starting point in looking for print legislative history of federal statutes is the U.S. Code Congressional and Administrative News (USCCAN) found on shelves 121 and 122 (First Floor). This set is arranged by year, with each year's series organized with earlier volumes providing Congressional acts (arranged by public law number and Statutes at Large cite) and later volumes documenting legislative histories arranged in order of the public law number involved. The prime advantage to this set is that it is easily accessible. However, not all acts are provided a legislative history treatment by USCCAN and the histories documented are partial. Typically, they will include only one Congressional chamber's committee report or a conference committee report.
Bibliographies
Beyond USCCAN, there are numerous compiled legislative histories found in the treatise collection of the Law Library. Unfortunately, the task of determining appropriate search keywords for finding them in the online library catalog can be difficult; keywords "legislative history" combined with the name of the act is one option. Another option is using "legislative history" combined with the public law number of the act. Also, the researcher may want to consult a bibliography of legislative histories such as Sources of Compiled Legislative Histories: A Bibliography of Government Documents, Periodical Articles, and Books (KF42.2/1979 Second Floor). This looseleaf currently lists locations of legislative histories through the 105th Congress.
CIS Annual
Another option involving print resources is the Congressional Information Service's CIS Annual series. For each year, beginning 1970 (1984 for legislative histories), this publisher provides three volumes with different access points for finding Congressional documents for that year. One volume provides a subject and name index referring to CIS microfiche and abstract citations. Another volume includes abstracts which provide a short description of Congressional documents, House and Senate Document citations as well as SuDoc numbers (citations used at Government Documents Depositories such as the Samford University Library). The third annual volume, labeled "Legislative Histories of U.S. Public Laws", provides an exhaustive listing of documents establishing a legislative history for each public law passed. This listing provides CIS microfiche citations, SuDoc citations and a descriptive content synopsis for most documents listed. The Law Library holds CIS microfiche for Congressional Documents for the period of 1970-1986 and 1996.
Congressional Universe
For online access to legislative histories, the Samford University Library subscribes to Congressional Information Service's Congressional Universe (http://proxy.samford.edu: 2053/congcomp) which is a wonderful resource for finding Congressional Documents back to the 91st Congress. After choosing "CIS Index" from the introductory screen, the researcher may find legislative histories by public law number, Statutes at Large citation or by statute keywords. After clicking on the appropriate search method and entering identifying information, the database will produce an extensive list of legislative history documents for a particular Act of Congress. These citations may be "clicked on" to pull up the actual document; they include bills leading up to the act, Congressional Record pages documenting debate involving the statute, Senate, House and Conference Reports, hearings and other miscellaneous publications.
There are a multitude of other capabilities of this database. The researcher can retrieve bills, bill tracking reports and documents related to the bills. Prepared statements and other hearing testimonies are available by clicking "testimonies" on the initial screen; they can be searched by the name of the witness, committee, keyword and date. A click of the "Inside Washington" button found on the introductory screen allows the researcher to search for articles from such publications as the Washington Post, The Hill and Roll Call in order to gain "an insider's perspective on recent legislative activities" according to the database service.
Resources for Older Legislative Histories
While Congressional Universe provides quick, thorough access to Federal legislative histories, it has the glaring limitation of commencing coverage with the 91st Congress. The CIS Annual print and microform resources began coverage in 1970. USCCAN began a very limited legislative history coverage in 1941. Researchers must, on occasion, use older print resources that are not as easy to use or access. Bibliographies of legislative histories, as mentioned earlier, can sometimes fill this gap. The Law Library also has a limited number of legislative histories on microfiche, separate from its CIS collection, including those for the Internal Revenue Acts. The Government Documents office of the Samford University Library (Second Floor) is an excellent resource as well. They hold both the U.S. Serials Set Index and the corresponding U.S. Serials Set covering 1789 through 1969. This collection provides committee reports, hearings and other documents of the U.S. Congress.
If you have further questions concerning legislative histories, please see Ed Craig or Brenda Jones in the Law Library.
Grace Simms joined the Law Library staff on October 1st in the position of Computer Services Librarian. She has a B.A. degree (History) from Birmingham-Southern College and a M.L.S. degree from the University of Alabama, Tuscaloosa. She has worked at the Birmingham Public Library and at two law firms. The responsibilities of the Computer Services Librarian are extensive and many students will get to know Grace very well in the next few months. We welcome her to the Law Library staff!
If you are accustomed to web-based email, then Simeon, Samford's email client, probably seems foreign to you at first. There are some differences between the email clients most people use personally and Simeon. These differences can cause difficulties with novice Simeon users.
The first difficulty that people usually encounter with Simeon is the small allotment of memory. If you are accustomed to maintaining over one hundred messages in Hotmail or Yahoo, it can be quite a shock to open your Simeon account and see the message, "account over quota" when you only have ten messages in your inbox. When you see this, it is time to start cleaning house, because soon, everyone who tries to email you will get a message saying that mail addressed to you is undeliverable. It is important to remember that large attachments can send your account over quota, even if that message is the only one in your account. Large files such as GIFs, JPEG, and MPGs take up a lot of memory.
Another important point to remember in regards to memory is that your deleted files and your Sentmail take up a good bit of space. People frequently ask, "Why am I not getting my mail? My inbox is empty--I delete every message after I read it!" The reason is probably that they haven't emptied their deleted messages folder or their Sentmail folder. Your messages don't magically disappear into the ether after you send them or delete them in Simeon. They hang around like stray puppies, to see if you really want them to go. This can be a good thing; for example, if you accidentally delete an email containing the only copy of your mother's heirloom chocolate chip cookie recipe, you have time to get it back. Or, if you send an email, and realize later that you need to send the same email to another recipient, you can dig it out of your Sentmail folder and forward it to them.
Nonetheless, beware! "Delete" and "send" are not synonyms for "goodbye" in Simeon. After you delete a message, if you really want it gone, you must click on the trash can icon in the toolbar that says "clean." "Clean" does mean goodbye in Simeon. You must delete and clean messages in your Sentmail folder, or they will continue to sit there and gobble up space.
Remember when I said that "delete" is not a synonym for "goodbye" in Simeon? That only applies to messages. If you delete an entire message group, such as the Sentmail folder, there is no way to retrieve it. It is gone--forever. Sounds ominous, right? Be careful where you point your mouse when you start deleting! Make sure that you are only deleting messages, not message groups--or you will rue it!
There is one more dire caveat to remember when dealing with Simeon; never, ever, under any circumstances, should you attempt to change the Post Office message service properties! Simeon will not work if you try this.
Oh, o.k. Maybe there are two more dire caveats to remember. Do not create local books on lab computers! These address books will only be accessible from that computer, and everyone who uses that computer will have access to your message group.
Simeon has some nice features that you should explore, if you haven't already. You can have your email sorted in numerous ways, you can create message groups, and you can create shortcuts or "aliases" in your message groups and address books. These features are highlighted quite nicely in two guides available in the Lower Level Lab; "Guide to Using Simeon," and "The Advanced Guide to Simeon." You can also find concise handouts regarding sending and receiving attachments in Simeon in the Lower Level Lab.
Have you wondered what the rest of the world is saying about the international crisis? You may want to try these international English language newspaper websites which will give you a glimpse of the world's perceptions:
United Kingdom - http://thetimes.co.uk
Australia - http://www.smh.com.au
Indonesia - http://www.thejakartapost.com
New Zealand - http://www.stuff.co.nz
Canada - http://www.globeandmail.com
Singapore - http://www.straitstimes.com.sg
Israel - http://www.jerusalempost.com
Cyprus - http://www.cyprus-mail.com
Turkey - http://www.turkishdailynews.com
Iran - http://www.tehrantimes.com
Egypt - http://www.ahram.org.eg/weekly
India - http://www.timesofindia.com
Pakistan - http://www.paktoday.com
China - http://www1.chinadaily.com.cn
Saudi Arabia - http://www.arabnews.com
(As of October 18, 2001, these URLs were correct, though some may not be available on all browsers.)
For citing cases, use of abbreviations is routine. A standard citation format, like 782 So. 2d 260, shows the volume, the reporter, the series, and the page. This decision, for instance, is in volume 782 of the Southern Reporter in the second series, at page 260.
Initial volumes usually have no series designation. Continuing publications, however, have spine labels for 2d (second) series, 3d (third) series, and so forth. Later series typically extend, rather than replace, earlier ones.
Although we list only one below, many reporters have multiple forms of abbreviation. The Southern Reporter, for instance, is cited as So. or S. Always consult the appropriate style guide for the proper format. Moreover, some courts have overriding rules governing citations.
The following reporters are listed in the order in which they are shelved. To pinpoint locations in the Law Library, look for blue signs on the end of each row. Alternatively, consult a library map at the Circulation Desk, in the kiosk, or on the web at: http://lawlib.samford.edu/maps.
Regional Reporters - First Floor
A., A.2d - Atlantic Reporter
Cal. Rptr. - California Reporter
N.Y.S., N.Y.S.2d - New York Supplement
N.E., N.E.2d - North Eastern Reporter
N.W., N.W.2d - North Western Reporter
P., P.2d, P.3d - Pacific Reporter
S.E., S.E.2d - South Eastern Reporter
So., So. 2d - Southern Reporter
S.W., S.W.2d, S.W.3d - South Western Reporter
Alabama Section - First Floor
Ala. - Alabama Reports
Ala. App. - Alabama Appellate Court Reports
So., So. 2d - West's Alabama Reporter (a subset of the Southern Reporter)
Federal Cases (Federal Reporters) - First Floor
U.S.L.W. - United States Law Week
U.S. - United States Reports
L. Ed., L. Ed. 2d - United States Supreme Court Reports, Lawyers' Edition
S. Ct. - Supreme Court Reporter
C.C.A. - United States Circuit Courts of Appeals Reports
F. Cas. - Federal Cases (Circuit & District Cases 1789-1880)
F., F.2d, F.3d - Federal Reporter
F. Supp., F. Supp. 2d - Federal Supplement
F.R.D. - Federal Rules Decisions
Fed. R. Serv. 2d, 3d - Federal Rules Service
Federal Cases (Special Courts) - First Floor
Am. B.R. - American Bankruptcy Reports
Am. B.R. (N.S.) - American Bankruptcy Reports (New Series)
B.C.D. - Bankruptcy Court Decisions
B.R. - West's Bankruptcy Reporter
Ct. Cl. - U.S. Court of Claims Reports
Cl. Ct. - U.S. Claims Court Reporter
Fed. Cl. - Federal Claims Reporter
Ct. Cust. - U.S. Court of Custom Appeals Reports
C.C.P.A. - U.S. Court of Customs and Patent Appeals Reports
Cust. Ct. - Customs Court Reports
Vet. App. - West's Veterans Appeals Reporter
Ct. Int'l Trade - U.S. Court of International Trade Reports
Fed. Cir. (T) - Cases Decided in the U.S. Court of Appeals for the Federal Circuit (International Trade and Trade Cases)
U.S.C.M.A. - Decisions of the United States Court of Military Appeals
C.M.R. - Court-Martial Reports
M.J. - West's Military Justice Reporter
These resources are just a few of the reporters in the Law Library's collection. Some early state reports are shelved on the First Floor. On the Lower Level, there are approximately thirty sets of special subject reporters like West's
Education Law Reporter (Educ. L. Rep.) or the United States Patents Quarterly (U.S.P.Q.). Find additional reporters shelved with looseleaf services and tax materials on the Lower Level. Some reporters are shelved with classified treatises on the Second Floor. Look for foreign, international, and U.S. administrative cases on the Third Floor. If needed, ask a reference librarian for help deciphering abbreviations or finding reporters. Alternatively, consult these useful print resources:
ALWD Citation Manual: A Professional System of Citation (KF245/.A45/2000/Reference)
Bieber's Dictionary of Legal Abbreviations, Prince's 5th ed. (KF246/.B46/2001/Reference)
Prince's Bieber Dictionary of Legal Citations, 6th ed. (KF246/.B45/2001/Reference)
The Bluebook: A Uniform System of Citation, 17th ed. (KF245./U5/2000/Reference)
It is interesting to learn facts about Cumberland graduates. Milton Harvey Mabry was born on June 17, 1851 in Pickens County, Alabama. In 1868 he entered the literary department of the University of Mississippi at Oxford. After two years' study, he transferred to the law department at Cumberland University, Lebanon, Tennessee. He graduated from there in 1872. Mr. Mabry began his practice of both law and politics in Mississippi. His first elected office was as mayor in Tupelo, Mississippi. Mabry moved to Florida in 1879 and was elected lieutenant governor in the November 1884 election. He was later elected Justice for the Florida Supreme Court in 1890 and served two terms. He died in 1919. The Tampa Morning Tribune wrote ... "the state has lost one of its old time, old school, gentlemen and lawyers, a man whose code of honor was the code of noblesse oblige." This information about Mr. Mabry can be found in a book given to the Law Library by the Florida Supreme Court Historical Society. The title is: The Supreme Court of Florida and its Predecessor Courts, 1821-1917. It can be found in the treatise collection on the Second Floor, KFF512/.M36/1997.
This is the last issue of CHECK IT OUT for this semester. Three issues will be published during the Spring Semester beginning in January 2002. If you have any ideas or suggestions as to ways we can improve, contact Becky Hutto at rmhutto@samford.edu. We look forward to the Spring Semester and new issues of the newsletter.