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Updating Statutory Research

Updating Statutory Research. Verifying that Statutory Research Is Current. Sarah has found the statute and interpreting case law that says that student loans are not discharged in bankruptcy. She has found cases that state the only exception is on the basis of undue hardship.

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Updating Statutory Research

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  1. Updating Statutory Research

  2. Verifying that Statutory Research Is Current • Sarah has found the statute and interpreting case law that says that student loans are not discharged in bankruptcy. • She has found cases that state the only exception is on the basis of undue hardship. • What if the statute has been recently amended or repealed or case interpretation of the statute has changed?

  3. Official Print Updates Print updates • Slip laws are individually printed and sent to all U.S. government depository libraries. • The Statutes at Largeis theearliest official compilation of all laws passed at the end of each session of Congress. • Published in chronological order • No general index • Publication lags about two years behind the enactment of the public laws

  4. U. S. Code Congressional and Administrative News (USCCAN)issuesmonthly pamphlets. After each session, the monthly USCCAN pamphlets are reissued in a bound volume. Laws are in the US-PL (United States Public Laws) database on Westlaw within hours of passage. XX-LEGIS is the identifier for the state public law databases on Westlaw. State laws go online as soon as they are received by West. Most Current Print and Westlaw Updates

  5. United States Code Annotated Updates Always check in the following print publications to determine current law: • Cumulative pocket parts • Interim pamphlets and statutory supplements that include the public law changes to the code and recent notes of decisions from cases that have construed the statute since the last supplement was published.

  6. Updating a Statute Online:KeyCite for Statutes Use KeyCite History to determine whether the statute is good law

  7. A red flag means that the statute has been Recently amended Repealed Ruled unconstitutional Preempted All or a portion of the statute may no longer be good law. KeyCite History for StatutesFlags Show the Status of the Statute This statute has been declared unconstitutional or preempted.

  8. History Click the red flag or History on the Links for tab to see that this statute has been held unconstitutional by several courts.

  9. A yellow flag means that the statute Has pending legislation Has been renumbered Has been transferred Contains an editor’s amendment note. The statute is good law but should be monitored for changes. KeyCite History Both KeyCite History and Citing References link to display Pending Legislation that might affect statute.

  10. Click the yellow flag on the Links for tab to display this statute’s Pending Legislation. Note that you can link to the bills that are pending legislation.

  11. KeyCite History for Statutes includes • Updating documents (recently passed public laws that have amended or repealed the statute) • Pending legislation that may affect the statute • Credits (citations to past public laws that have enacted, amended or renumbered a statute) • Historical and statutory notes that describe the legislative changes that have affected that statute • Cases that have held that the statute is unconstitutional

  12. Question A red flag on a statute can mean that the statute • Has been declared unconstitutional • Has pending legislation • Has been amended • Both 1 and 3

  13. Question A red flag on a statute can mean that the statute • Has been declared unconstitutional • Has pending legislation • Has been amended • Both 1 and 3

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