Thursday, June 24, 2004

Legislative History

We're trying to show that the legislature intended a certain statute to apply extraterritorially. To do this we had to research the legislative history. Seeing as I am the lowest paid employee on the premises (But paid nonetheless) it was assigned to me.
I've read all the case law and there is no case on point, or even around the area of the point. That means I had to go and read amendments, do a legislative tracing, look up committee meetings, etc. None of this stuff is what would generally be classified as fun.
I did it, I found all the forms of the bill. None of the amendments speak to the point. I also read a bunch of CLE material hoping it would provide a short cut. I must stress reading the CLE materials, it can instantly make the research assignment from hell a snap. Anyway I looked up the House and Senate journals that were relevant, one was no help and the other was missing.
I called the research librarian today and asked her what I should do. She was really helpful and retraced my path to make sure I didn't screw up and then agreed that there was jack shit in the way of useful material. She recommended I call the state archivist.
I called the state archivist and was informed that the material I need is probably nonexistent due to a fire in the state archives in the forties.
This is an interesting development, it means there is no legislative intent now, but there used to be and no one knows what it is in regards to the issue I'm interested in. So we can't really just make legislative intent however we want it.
Anyway, as an aside, when I was at school researching the bejesus out of the statute I found some intercampus mail in my mail box. I missed a blank on some paperwork. I might not get my pay check after all. It looks like a day labor weekend, woohoo.

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