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Statutory Research

This guide covers the basics of statutory publication, how to find statutes, and how to find interpretive case law. It also touches on 50 state surveys and uniform laws.

What version of the statute is needed?

Calendar

Pinpoint the timeline of the research problem. If the statute has been amended since the time in question, consider the likely possibility that the prior version—and not the one in the current code—is the relevant one for the problem.

If the statute has been repealed, access a prior version of the code to find the text.  


This page covers: 

  1. An example of when a prior version might be needed. 
  2. Screenshots of how to find a prior version on Westlaw and Lexis, when you're researching a particular statutory provisions. 
  3. Major sources for accessing prior editions of the U.S. Code.
  4. Major sources for accessing prior editions of state codes. 

Example

Imagine that a defendant committed a crime in January. The statute that he is charged with violating was amended in June, and that amendment became effective in July. The new version makes it easier to get a conviction and carries heavier penalties. Importantly, the relevant version of the statute is the one that was in effect when the crime was committed in January—not the tougher version that became effective in July and now appears on Lexis or Westlaw. The prosecutor and defense attorney would both need to know how to locate the correct (prior) version.

Watch out for effective dates, read credits/history carefully to understand amendment history (if applicable to your facts), and make use of linked prior/archived versions on Westlaw and Lexis!

Westlaw (Effective Date, Credits, and History Tab):


Lexis (History and Compare Versions)

U.S. Code: Prior Versions

State Codes: Prior Versions