Booth Library
Eastern Illinois University
http://www.library.eiu.edu
Eastern Illinois University Logo

Legislative Histories

D2L embed

close

Instructors: Copy the text below and paste it into the "insert stuff" area in D2L to insert this guide into your D2L class.

<iframe src="https://booth.library.eiu.edu/subjectsPlus/subjects/guide.php?subject=LegHist&embed=t" height="800" width="820"></iframe>

Watch a short video tutorial on embedding library research guides into D2L.

What Are Legislative Histories?
Legislative Histories reflect the progress of a law as it passes through Congressional Committees generating reports, hearings and other documents.  Scholars, courts, regulators and citizens sometimes refer to these texts to interpret the intent of the law or to clarify points of confusion in the law.  This article by Nicholas Zeppos provides background on the use of legislative histories.

Legislative History and the Interpretation of Statutes: Toward a Fact-Finding Model of Statutory Interpretation
Author(s): Nicholas S. Zeppos
Source: Virginia Law Review, Vol. 76, No. 7 (Oct., 1990), pp. 1295-1374
Published by: Virginia Law Review

To begin researching the legislative history of a law, consult:

U. S. Code Annotated Volume 62 Popular Names
Call Number:  Ref. KF 1927 .W45 2013
Location:  Reference Room, 3000 Level, Booth Library

Look in the Popular Names (volume 62) for the title that usually refers to the legislation, for example:  Americans with Disabilities Act 1990

You should see something like this:

Americans with Disabilities Act of 1990
Pub. L. 101-336 July 26, 1990 (usually cited as 101 P.L. 336)
104 STAT. 327
42 U.S.C.A. 12101

How to locate cited texts:

104 STAT. 327
101 P.L. 336 may be found in the Statutes-at-Large (STAT.) volume 104, beginning on page 327
Call Number:  Ref KF 50 .U45x
Location:  Reference Room, 3000 Level, Booth Library

42 U.S.C.A. 12101
United States Code Annotated (U.S.C.A.) volume 42, beginning with section 12101 which lists several pages of citations to Law Review articles and commentaries on the law.
Call Number:  Ref. KF 1927 .W45 2013
Location:  Reference Room, 3000 Level, Booth Library 
Title IX: Education Amendments of 1972
Title IX, the law enforcing gender equality in participation in interscholastic sports, was passed in 1972 as part of the Education Amendments of 1972.  In 2002 this law was renamed the Patsy Takemoto Mink Equal Opportunity in Education Act in honor of Congresswoman Patsy Mink, one of the law's main sponsors.

There is no formal legislative history, however, the hearings held in 1972 are available online:

Discrimination against women : hearings before the Special Subcommittee on Education of the Committee on Education and Labor, House of Representatives, Ninety-first Congress, second session, on section 805 of H.R. 16098, to prohibit discrimination against women in federally assisted programs and in employment in education; to extend the Equal Pay Act so as to prohibit discrimination in administrative, professional and executive employment; and to extend the jurisdiction of the U.S. Commission on Civil Rights to include sex.
Corporate Author: United States.
Language(s): English
Published: Washington : U.S. Govt. Print. Off., 1970-1971.
Subjects: Sex discrimination against women - United States.
Note: Hearings held June 17-July 31, 1970.
Physical Description: 2 v. (vi, 1261 p.) 24 cm.
Click Here to View the Text:  HathiTrust

Additional background information is included in:

United States Code Annotated (U.S.C.A.) volume 20, beginning with section 1681 which lists several pages of citations to Law Rewiew articles and commentaries on the law.
Call Number:  Ref. KF 1927 .W45 2013
Location:  Reference Room, 3000 Level, Booth Library 

United States Supreme Court Reports (U.S.):
Call Number: Ref KF 8741 .A2 U5
Location: Reference Room, 3000 Level, Booth Library

North Haven Board of Education v . Bell
456 U.S. 512 (1982)

Comments of the bill's sponsor Senator Birch Bayh
456 U.S. 512 (1982) 524-527

Other Useful Background Sources:

Title IX 40th Anniversary
United States.  Dept. of Justice.  Civil Rights Division
includes a report - Equal Access to Education: Forty Years of Title IX

Encyclopedia of Title IX and Sports
Ref. GV 709.18 .U6 M58 2007

Gender in Education
Title IX and School Sports, pp.807-816
Ref. LC 213 .G425 2007
Americans with Disabilities Act of 1990
The Americans with Disabilities Act was passed in 1990 and is intended to make society more accessible to people with disabilities.

Legislative history published in 104 STAT. 327 : Americans with Disabilities Act of 1990
Pub. L. 101-336 July 26, 1990 (usually cited as 101 P.L. 336)

104 STAT. 327
Call Number:  Ref KF 50 .U45x
Location:  Reference Room, 3000 Level, Booth Library

42 U.S.C.A. 12101
Call Number:  Ref. KF 1927 .W45 2013
Location:  Reference Room, 3000 Level, Booth Library 

Online:
Legislative History of Public Law 101-336.  The Americans with Disabilities Act. Volumes 1-3. Prepared for the Committee on Education and Labor. U.S. House of Representatives, One Hundred First Congress. Second Session.  3 v. (iii, 3081 p.)  Digitized by HathiTrust.

In Print
Legislative History of Public Law 101-336. The Americans with Disabilities Act. Volumes 1-3. Prepared for the Committee on Education and Labor. U.S. House of Representatives, One Hundred First Congress. Second Session.  3 v. (iii, 3081 p.)
Call Number:  Y4.ED8/1:102-A, Y4.ED8/1:102-B, Y4.ED8/1:102-C
Location:  Federal Documents - 2000 Level North

Americans with Disabilities Act 1990
The text of the Law plus a Legislative History appended at the end of  the text may be found in the Statutes-at-Large (104 STAT. 327)
[Volume 104 Statutes-at-Large beginning on page 327]
Call Number:  Ref  KF 50 .U45x
Location:  Reference Room, 3000 Level, Booth Library

Legislative history published in 104 STAT. 327 : Americans with Disabilities Act of 1990
Pub. L. 101-336 July 26, 1990 (usually cited as 101 P.L. 336)
104 STAT. 327
42 U.S.C.A. 12101

Other Useful Background Sources:

Encyclopedia of American Disability History
Ref. HV 1553 .E523 2009

The Disability Rights Movement
Ref. HV 1553 .P42 1997

Sage Reference Series on Disability: Ethics, Law and Policy

Encyclopedia of Disability
Subject Specialist
Picture: Karen Whisler

Karen Whisler
Librarian for English, Philosophy, and Religion, and Government Documents Coordinator
klwhisler@eiu.edu
Office: 217 581-7551


Reference Desk: 217-581-6072
Email the Reference Desk