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  Resources for Legislative Attorneys

 

Here is a list, organized by topics, of books, articles and internet sites that will be useful for legislative attorneys.

Jack Stark, a retired bill drafter from Wisconsin compiled this list for the Legal Services Staff Section (LSSS). Jack still has an active interest in issues that affect legislative attorneys and LSSS thanks him for sharing his research tools.

 

I. General Legal Internet Sites

FindLaw
Jurist
Law Engine
Cornell University Law School Library

II. Government Lawyers

61 Law and Contemporary Problems 1 and 2 (winter and spring 1998): a double issue emphasizing articles on federal government lawyers but containing many valuable articles for state government lawyers.

III. Historic Legal and Political Documents

Avalon includes such documents as the Virginia Declaration of Rights, Magna Carta and the Northwest Ordinance.

IV. English Common Law

Blackstone, William, Commentaries on the Laws of England (University of Chicago Press, 1979). The treatise that early American lawyers read. The edition is a facsimile, which makes it more difficult to read.

Lovell, Colin, English Constitutional and Legal History (Oxford University Press, 1962). This is an excellent book. Although it is out of print, it is available from libraries and used book stores. For sources of used books, see Bookfinder.

V. The Historical Context of the Framing of the U. S. Constitution

Bailyn, Bernard, The Origins of American Politics (Vintage Books, 1967).

Bailyn, Bernard, The Ideological Origins of the American Revolution (Harvard University Press, 1967).

McDonald, Forrest, Novus Ordo Seclorum: the Intellectual Origins of the Constitution (Kansas University Press, 1985).

Rakove, Jack N., Original Meanings: Politics and Ideas in the Making of the Constitution (Vintage, 1996).

Wood, Gordon, The Creation of the American Republic, 1776-1787 (Norton, 1969).

Wood, Gordon, The Radicalism of the American Revolution (Vintage, 1991).

VI. The Debates at and following the Constitutional Convention

Bailyn, Bernard (ed.), Debate on the Constitution (Library of America, 1993), two volumes.

Farrand, Max (ed.), Records of the Federal Constitution of 1787 (Yale University Press, 1986).

The Federalist Papers: available in many editions: one of the great American books.

VII. Background Material for the Bill of Rights

Cogan, Neil H. (ed.), The Complete Bill of Rights: The Drafts, Debates, Sources, & Origins (Oxford University Press, 1997).

VIII. American Legal History

There are two standard histories of American law. One is Friedman, Lawrence, A History of American Law (Touchstone, 1986). The other is a two-volume set: Horwitz, Morton, The Transformation of American Law 1780-1860 (Oxford University Press, 1979) and The Transformation of American Law 1870-1960: The Crisis of Legal Orthodoxy (Oxford University Press, 1994).

IX. U. S. Constitution

A handy source for both the text and an extremely well done document that annotates each portion as well as the amendments is available at http://www.findlaw.com/casecode/constitution/. A printed copy of that annotation as well as an update of it are available from the Government Printing Office.

X. U. S. Code

The U. S. Code is available at http://www.findlaw.com/casecode/uscode.html.

XI. Federal Legislation:

For pending federal legislation (as well as a wealth of other information) see Thomas at http://thomas.loc.gov/

XII. Code of Federal Regulations

The CFR is available at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html.

XIII. U. S. Supreme Court Cases

For United States Supreme Court cases on the internet see http://caselaw.findlaw.com/scripts/getcase.pl?court=us&navby=vol. Cases that are printed in volumes before 150 are available on that site if you know the name of one of the parties: use the search function.

XIV. State Constitutions

The standard book on the subject is Tarr, G. Alan, Understanding State Constitutions (Princeton University Press, 1998), which includes a very large bibliography. Both the Rutgers Law Journal and Temple Law Review publish annual issues on state constitutions. Greenwood Press is publishing a series of reference guides to the state constitutions, and a list of those that are now in print is available at

http://info.greenwood.com. Reference Guides to the State Constitutions of the United States Each volume contains a brief constitutional history, a detailed analysis (which describes the amendments of, and summarizes the case law on, each section of the constitution), a bibliographical essay, a table of cases and an index. In short, if you are lucky enough to have had your state's constitution be the subject of a book in this series, at least your preliminary research on virtually any constitutional topic has already been done. Rutgers University at Camden has a center for State Constitutional Studies, which publishes material, holds conferences and generally advances understanding of state constitutions. Its web site is http://www.camlaw.rutgers.edu/statecon/oldindex.html.

XV. State Statutes

State statutes are available through http://www.ncsl.org/public/leglinks.cfm. if you select the appropriate state. The general Internet sites, the site of your state bar and the site of your state legislature are also worth trying.

XVI. State Cases

For state cases (for many states not a complete collection) see http://www.ncsl.org/public/leglinks.cfm. The general Internet sites, your state bar's site and your legislature's site are also worth trying.

XVII. Statutory Law

The leading journal on statutory law is Statute Law Review, which Oxford University Press publishes. The authors of most of the articles are British, but it nevertheless is highly useful for drafters in this country because of the high quality of the articles. A subscription is expensive, but many law libraries have it, and the current issue is available at http://www3.oup.co.uk/jnls/list/stalaw/.

XVIII. Statutory Construction

The standard treatise on statutory construction is Sutherland, J. B., Statutes and Statutory Construction (West Publishing Company, sixth edition updated by Norman J. Singer, 2000). For a historical view of the subject as well as an argument for a particular method of statutory construction see Popkin, William, Statutes in Court: the History and Theory of Statutory Interpretation (Duke University Press, 1999). For a drafter's view see Stark, Jack, "On Language Games and Statutory Interpretation: An Inside Narrative," Statute Law Review, 20, no. 2 (1999), 144-153.

XIX. Legislative Drafting

A. Books

Dickerson, Reed, Legislative Drafting (Greenwood Press, 1954).

Dorsey, Tobias A., Legislative Drafter's Deskbook (TheCapitol.Net, 2006)

Driedger, Elmer, The Composition of Legislation, Legislative Forms and Procedures (Department of Justice of Canada, 1976).

Martineau, Robert, Drafting Legislation and Rules in Plain English (West Publishing Company, 1991). For a critique of the Plain Language School see Stark, Jack, "Should the Main Goal of Statutory Drafting Be Accuracy or Clarity?" Statute Law Review, 15 (1994), 1-7.

Stark, Jack, The Art of the Statute (Fred B. Rothman and Company, 1996, now distributed by Wm. S. Hein and Company).

B. Articles

Berry, Duncan, "Legislative Drafting: Could Our Statutes Be Simpler?" Statute Law Review, summer 1987, 92-103.

Crabbe, V. C., "The Legislative Sentence," Statute Law Review, 10 (summer 1989), 79-94.

Gopen, George, "Let the Buyer in the Ordinary Course of Business Beware: Suggestions for Revising the Prose of the Uniform Commercial Code," University of Chicago Law Review, 54 (1987), 1178-1214. For a critique of Reader Expectation Theory see Stark, Jack, "Reader Expectation Theory and Legislative Drafting, Statute Law Review, 17 (1996), 210-217.

`Lovgren, A. Craig, "The Place of the Case in Legislative Sentences," Statute Law Review, spring 1986, 23-28.

Romero, A. R., "Interpretive Directions in Statutes," Harvard Journal on Legislation, winter 1994.

Stark, Jack, "Legislative Sentences," Statute Law Review, 16 (1995), 187-194.

Turnbull, I. M. L., "Clear Legislative Drafting: New Approaches in Australia," Statute Law Review, 11 (1990), 161-181.

 

For more information:
contact Kae Warnock, NCSL Liaison to the Legal Services Staff Section. Phone: 303/856-1553
E-mail: lsss-info@ncsl.org

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