Skip to main content

Posts

Showing posts from September, 2017

First Monday 2017

Monday, October 2 marks the opening of the U.S. Supreme Court's new October term. The "First Monday in October" has been the Court’s official start date for more than a century, and is codified at 28 U.S.C. § 2 (2012) . As shown in the 1916 law's compiled legislative history , available to the Duke University community in the ProQuest Legislative Insight database, the change to "first Monday" (from the second Monday in October) was intended "to shorten the vacation and give the court an extra week when the weather is favorable to work." In the House debate printed in the Congressional Record , Illinois representative James Robert Mann expressed his concern that since the change "is a matter largely of the convenience of the members of the Supreme Court, may I ask […] that that change is entirely satisfactory to them?" (He was assured that the change was actually at the Justices' request.) While inclement weather was likely a great...

The Constitution at 230

Sunday, September 17 marks the 230 th anniversary of the signing of the U.S. Constitution. "Constitution Day" was established in 2004, piggybacking on the existing federal recognition of September 17 as "Citizenship Day." See 36 U.S.C. § 106 (2012) . Celebrate Constitution Day at the Goodson Law Library by picking up a free pocket Constitution at the library service desk, courtesy of the U.S. Government Publishing Office. (GPO also sent us some government information notecards with QR codes to key federal resources, as well as bookmarks promoting Ben's Guide to the U.S. Government , its educational site for children. These are also available at the service desk giveaway rack, while supplies last.) Throughout the year, the service desk also has free pocket Constitutions courtesy of LexisNexis. You can also read the text of the Constitution online through the U.S. Senate , the National Archives , and at the start of every print or online version of the United...

U.S. Code on the Move

Like primary law from the other two branches of government, federal legislation is a living entity, subject to frequent changes. Every legal researcher knows that sections of the U.S. Code can be later amended, repealed, invalidated by a court, or rendered indirectly obsolete by subsequent changes in the law. However, there is another potential fate for federal statutes, less dramatic but no less important: the ability of editors to pick up an existing statute section and relocate it elsewhere in the Code , as part of an editorial reclassification . Effective September 1, that's what happened inside Title 34 of the U.S. Code , which sat empty for decades after its former subject area (The Navy) was repealed in 1956. Title 34 has finally been repurposed into a new subject area, Crime Control and Law Enforcement , by the Office of the Law Revision Counsel. This editorial reclassification simply moves existing Code sections in force from their previous locations in Title 18 (Crimes...