Legal Sources at Poplar Creek Library

Kathy Hathaway

Poplar Creek Public Library is not a law library, but because we are a federal and Illinois state depository library we provide access to many legal sources. It's often difficult to know where to start looking for any given law, but for the sake of simplification, there are three major sources of the law: statutes, regulations and case law, all of which are represented on both state and federal levels. Statutes are the laws passed by legislative bodies, either the U.S. Congress or the Illinois General Assembly. Regulations are the rules developed by the various state and federal agencies. Regulations evolve from the individual statutes, which are much more specific and have the force of the law. When a new law is passed, the appropriate agency, either state or federal, must write regulations to clarify and specify the law; in many cases, to make it possible to carry out the law. Case law refers to the interpretation of a law by the courts, and court decisions have the force of the law unless or until they have been overturned. It's important to remember that the courts can put a completely different face on a law every time they interpret it. The courts, on the Supreme Court level, can even strike down a statute, proclaiming it unconstitutional. Case law research is primarily the domain of law libraries, and Poplar Creek Library does not have the law reports, journals and explanatory sources that give proper access to case law.

In addition to these major law sources, there is an assortment of other types of laws, such as the constitution, executive orders, treaties and international agreements. Municipal and local ordinances are written for virtually every local governing body. Poplar Creek Library has the Streamwood and Hanover Park ordinances and many ordinances for Cook and DuPage Counties.

Whenever possible, I have included Internet addresses that provide access to the legal sources discussed here. It should be noted that the Internet sites are no substitute for the actual "hard copy" of these legal sources, because they generally provide only recent additions to the body of the law; few retrospective sets are available electronically. A welcome exception to this is the recently acquired database that holds all the U.S. Supreme Court decisions from 1937 to 1975, now available through government Internet sites. In many instances, only current law is needed, and Internet sites may suffice for this purpose; but if legislative histories are needed for legal research, we must still rely on our "paperbound" sets. Also, because we are seeking governmental and, specifically, legal information, we should be especially concerned with the authencity of our sources. Internet sites, however, are not particularly source-specific, so it's difficult to verify the authenticity of the sources accessed through this medium. For this reason I have provided, primarily, governmental and educational Internet sites, and have avoided less-verifiable commercial sources of legal information. I have omitted some reliable commercial legal databases, like Westlaw, Lexis, etc., because they are fee-based.

GPO Access (http://www.access.gpo.gov) is the main site for federal government information. This site also allows access through several other "gateways" provided by major universities. Three "gateways" we use most often are: Louisiana State University (http://indigo.lib.lsu.edu/gpo); Purdue University. (http://thorplus.lib.purdue.edu/gpo) and Auburn University (http://www.lib.auburn.edu/gpo/index.html).

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STATUTES

FEDERAL

Public Laws. http://www.access.gpo.gov AE 2.110

These are the individual slip laws issued as each law is passed. Public laws are cited as: P.L. 100-387. The numbers refer to the session of Congress and the assigned law numbers.

Additional Internet sites: http://thomas.loc.gov/
http://law.house.gov/

United States Statutes at Large. AE 2.111

This is the permanent bound version of the public laws. The individual public laws passed in each session of Congress are compiled together in order by public law number. Laws can still be easily accessed by public law numbers in this source.

United States Code. 1994 edition http://www.access.gpo.gov Y 1.2/5

This source represents the current codified version of all existing federal statutes. Individual public laws often lose their identity as they are compiled with other laws of similar content and divided among 50 different "titles." A public law may end up in more than one title or section of the U.S. Code, depending upon its content. Repealed public laws will not be in the current edition of the U.S. Code; amended laws will exist only in their changed state. Identifying a law by its public law number is more difficult in this source, but public law tracking can be done with tables and indexes that are a part of this source.

Additional Internet sites: http://law.house.gov/

FINDING AIDS AND EXPLANATORY SOURCES

Congressional Index. Commerce Clearing House, Inc. R328.73 Con

This non-governmental source is a very current index to recent legislation, accessed first by bill number, then public law number. (Vetos are also noted.) It is a looseleaf service, updated weekly, so it is possible to track the progress of a current bill up to its enactment, through this source. For ascertaining the status of a bill, or identifying the public law number for a new law, this is probably the best source to use.

Congressional Quarterly Weekly Report. Congressional Quarterly, Inc. R328.73 Con

This is a weekly periodical that reports on all aspects of Congressional activity. It is indexed quarterly on a cumulative basis, thereby providing current access to major bills and recently passed laws through explanatory articles and citations to related legislation.

ILLINOIS

Illinois Legislative Service. West Publishing Company IL/S 1.5/2a

The state of Illinois does not publish the individual laws as they are passed, so we must rely on this privately published source to access new Illinois laws. The laws are arranged by P.A. (public act) number, and are issued in a timely manner (approximately monthly). The P.A. system is similar to its P.L. counterpart in the federal government. For example, P.A. 86-1361 refers to public act, the session of the Illinois General Assembly and the assigned law number. This source also provides its own cumulative indexes by subject and bill number, so other legislative finding aids are unnecessary.

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Laws of Illinois. IL/S 1.5/2

Similar to the U.S. Statutes at Large, this source is the permanent bound edition of the Illinois laws. They are arranged in order by public act number for each session of the General Assembly.

Illinois Compiled Statutes. R348 Ill

The recently created Illinois Compiled Statutes replaces the Illinois Revised Statutes. It compiles and codifies current Illinois laws and arranges them into subject-oriented chapters. Though there are 820 numbered chapters, not all numbers are used; this system was adopted to provide for internal growth. Similar to its federal counterpart, the U.S. Code, this source states only currently existing laws, and amended laws only in their changed state.

FINDING AIDS AND EXPLANATORY SOURCES

Legislative Synopsis and Digest. IL/Y 4.L 52/2

This state of Illinois publication provides the status and recent actions on all bills and resolutions in the current General Assembly. The Legislative Reference Bureau publishes this paperbound source periodically while the General Assembly is in session. It is organized and accessed by House and Senate bill number, but it contains many useful indexes to help identify the bill. It efficiently provides current bill status and identifies new laws with their P.A. (public act) numbers.

Smith-Hurd Illinois Compiled Statutes Annotated. West Publishing Company R353.9 Ill

This source is identical in arrangement to the Illinois Compiled Statutes in that it corresponds with the government source by chapter and section or paragraph. The added feature is the "notes," which provides access to important historical information for each section of the law, and citations to State and Federal Court cases when pertinent. It is kept current by cumulative annual pocket parts.

REGULATIONS

FEDERAL

Federal Register. http://www.access.gpo.gov

AE 2.106

This daily source publishes all the regulations as they are submitted by each federal agency. It is the official vehicle for accessing the most current proposed and adopted agency rules, with the exception of military regulations. The Federal Register also prints legal notices issued by the agencies, and is the sole source for this category of information. Cumulative indexes are issued quarterly, semi-annually and annually.

LSA: List of CFR Sections Affected, http://www.access.gpo.gov AE 2.106/2

This source is issued monthly and lists all the Code of Federal Regulations sections that have been changed by the new regulations issued each day.

Code of Federal Regulations, http://www.access.gpo.gov/nara/cfr/index.html AE 2.106/3

All agency regulations are here codified and compiled into 50 titles, sometimes corresponding to titles in the U.S. Code. This source is updated by title on a yearly basis, and has a current index.

Additional Internet sites: http://law.house.gov/cfr.htm

(caution: This site is not an official government site.)

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Army Regulations. D 101.9

Navy Regulations. D 201.11

Air Force Regulations. D 301.6

Military regulations are printed as they are issued.

FINDING AIDS AND EXPLANATORY SOURCES

CIS Federal Register Index. Congressional Information Service. (housed at the Government Documents Reference Desk)

This private source is a comprehensive weekly index to the Federal Register. It supplements the Federal Register's own index with much more current and expanded indexing capabilities.

ILLINOIS

Illinois Register. http://www.sos.state.il.us/depts/index/division.html IL/S 10.9 (table of contents, only)

This Illinois counterpart to the Federal Register actually provides access to much more than jusl the current regulations issued by Illinois state agencies; notably, Executive Orders and Proclamations issued by the Governor. The Illinois Register does quite well with its indexing of current regulations, with each weekly issue providing a cumulative index and a built-in list of sections affected in the codified regulations found in the Illinois Administrative Code.

Illinois Administrative Code. http://www.sos.state.il.us/depts/index/division.html IL/S 10.10 (table of contents, only)

This source compiles the Illinois state agency regulations and codifies them into 95 titles. It is updated quarterly with loose-leaf pages that are cumulative and replace the out-dated sections.

CASE LAW

FEDERAL

Supreme Court Slip Opinions.http://www.law.cornell.edu/supct (from 1990-) JU 6.8/b

These are the Supreme Court decisions issued individually as the court makes the rulings. The Slip Opinions are issued currently, but the time lag between decision and issuance seems to vary.

Additional Internet sites: http://www.law.vill.edu/Fed-Ct/sct.html

http://www.access.gpo.gov (This will be available soon)

United States Reports Preliminary Print, http://www.law.cornell.edu/supct JU 6.8/a

In this source, the current Supreme Court decisions are placed in their permanent, citable order, just as they will appear in the bound United States Reports. However, these preliminary prints are subject to formal revision before the bound volume is published. There is more than a year time lag before the original Slip Opinions appear in this Preliminary Print version.

Additional Internet sites: http://www.law.vill.edu/Fed-Ct/sct.html

http://www.access.gpo.gov (available soon)

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United States Reports. http://www.fedworld.gov/supcourt/index.htm (covers 1937-1975) JU 6.8

This is the permanent bound edition of the Supreme Court decisions, which are cited by volume number and beginning page number within the volume. The recently-acquired Internet access covers volumes 300-422, which includes decisions from 1937 to 1975. The gap in coverage from 1975-present is due to West Publishing Company's copyright assertions. Before 1975, Supreme Court opinions were based upon the government's own reporter.

Additional Internet sites: http://www.access.gpo.gov (available soon) Decisions of the U.S. Courts of Appeals. http://www.law.vill.edu/Fed-Ct/fedcourt.html

Poplar Creek Library now has access to current federal appellate court decisions through this Internet address. It should be noted that this is not an official government site; the source is the Villanova University School of Law. There are no official printed government reporters for the decisions of the U.S. Courts of Appeals and the U.S. District Courts. These are accessible, in part, through the Federal Reporter and the Federal Supplement, both West Publishing Company issuances.

FINDING AIDS AND EXPLANATORY SOURCES

United States Supreme Court Decisions: An Index to Excerpts, Reprints, and Discussions. Govt.Docs. R348.734 Gue

Supreme Court decisions are widely cited, but this source indexes Supreme Court decisions from 1798 through 1980. Decisions are indexed by subject and case name, and citations to the United States Reports and various other sources are given.

ILLINOIS

Official Reports. IL/JU 6.11

Published twice a month, this source publishes the advance sheets of both the Illinois Supreme and Appellate Courts. The decisions are printed in the permanent, citable order, as they will eventually appear in the bound volumes.

Illinois Appellate Court Reports. IL/JU 7.8

This is the permanent bound edition of the Illinois Appellate Court decisions, cited by volume number, series number and beginning page number.

Illinois Reports. IL/JU 6.8/2

Illinois Supreme Court decisions eventually end up in this permanent bound publication. Supreme Court decisions are cited by volume number, series number and beginning page number.

FINDINGS AIDS AND EXPLANATORY SOURCES

Shepard's Illinois Citations. Shepard's/McGraw-Hill, Inc. R 348.773047 She

This source lists complete case and statute citations, accessing all major reporters and Illinois and federal court cases that began in Illinois. It provides complete cross-references from the Northeastern Reporter to Illinois court cases, and vice versa, tying in all related cases and statutes for a given case.

West's Illinois Digest 2d. West Publishing Company R 348.773046 Wes

This source provides detailed subject access to Illinois court cases and pertaining federal court cases. The set has 57 volumes and is kept current by annual cumulative pocket parts.

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Illinois Law and Practice: The Modern Encyclopedia of Illinois Law. West Publishing Co. R 353.9 Ill

Complete with citations to cases and statutes, this detailed law encyclopedia gives quick access to Illinois law in a narrative form. The 40 volume set is updated annually by pocket parts.

OTHER SOURCES OF LAW

Constitution of the United States: Revised and Annotated. http://www.access.gpo.gov X 92-2:S.Doc.82

1970 Illinois Constitution: Annotated for Legislators, http://www.state.il.us IL/Y 4.L 52/4:12/207/987

PRESIDENTIAL PROCLAMATIONS AND EXECUTIVE ORDERS.

Proclamations and executive orders are both legal documents; however, proclamations are usually issued as statutes — executive orders are not. Therefore, proclamations can be found in the U.S. Code, whereas executive orders cannot. Most proclamations address the general public, while executive orders are more like internal documents, used to direct government agencies. Proclamations and executive orders are numbered consecutively, that is, the number system does not start anew with each presidential administration.

Weekly Compilation of Presidential Documents. http://www.whitehouse.gov/WH/html/library.html AE 2.109

Presidential proclamations and executive orders are first reported weekly in this publication and indexed quarterly on a cumulative basis. This source accesses all presidential statements, addresses, bill signings and any other documents created by the president each week.

Public Papers of the Presidents of the United States. AE 2.114

This source compiles the papers and speeches of the president that are for public consumption, and issues them periodically in permanent bound volumes. It is the permanent source for most of what is contained in Weekly Compilation of Presidential Documents. Material is in chronological order by the date it is issued. I included this source as a reference to executive orders and proclamations even though most administrations do not publish the text of these documents in their Public Papers. (Carter and Reagan are exceptions.) This source does, however, provide a useful appendix with Federal Register citations for each executive order and proclamation issued in that time frame. I noticed that these appendices are absent when the text of the orders and proclamations are included in the Public Papers.

Code of Federal Regulations: The Presidential Compilation (Title 3). http://www.access.gpo.gov/nara/cfr/index.html (only for recent orders and proclamations) AE 2.106/3

All proclamations and executive orders are first published in the Federal Register, so they eventually end up in the Code of Federal Regulations. They are compiled each year under Title 3, in order by assigned number. Therefore, Title 3 is a permanent source of proclamations and executive orders, and not superceded yearly like other titles of the Code of Federal Regulations. Because proclamations and executive orders are accessible here by their number, this is a very good source for this material.

Additional Internet site: The Federal Register through GPO Access (recent material only)

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FINDING AIDS AND EXPLANATORY SOURCES

Codification of Presidential Proclamations and Executive Orders. AE 2.113: 945-89

Because many proclamations and executive orders have general applications, they have continuing effect; that is, they maintain their authority until they are amended, superceded or revoked. This source provides subject access to proclamations and executive orders that are still in effect from 1945 to 1989. It is arranged in 50 subject chapters with amendments incorporated. Tables reveal the status of the orders and proclamations, whether they are revoked, superceded, amended or still in effect. If you don't know the number of an order or proclamation, or if you're unsure of the date issued, this source will help you to identify it.

TREATIES AND INTERNATIONAL AGREEMENTS

Treaties in the strict sense are international agreements made by the President of the United States with the advice and consent of the Senate. Thus, treaties are the official domain of the Senate and, therefore, considered Senate Documents. (Actually called Senate Treaty Documents.) This makes them part of the Serial Set, the official publications of Congress. International agreements are usually agreements made in accordance with prior treaties and are more the sole responsibility of the president. Major trade agreements, such as NAFTA, tend to be the domain of the House of Representatives. These, therefore, often end up as House Documents and, hence, part of the Serial Set.

Treaties and Other International Acts Series. http://law.house.gov/ S 9.10

This series publishes singly each treaty or agreement as it is signed. They are numbered consecutively, thus creating the treaty citing system, (ex. TIAS 11063 or Treaties and Other International Acts Series and assigned number)

Treaties in Force. http://www.state.gov (identifies recent treaties by date initiated) S 9.14

This source is issued annually and arranges all current treaties and agreements in order by type (bilateral or multilateral), then by country (when bilateral) and then by subject. Treaties no longer in force are not represented here. The text of the treaties are not printed; it only summarizes and identifies the treaties.

United States Treaties and Other International Agreements. http://law.house.gov/ S 9.12 (accesses many older treaties)

This is the permanent bound source of treaties and agreements arranged chronologically by TIAS number. It is accessed by TIAS number or by UST (United States Treaties) citation as follows: 3 UST 3742; this refers to volume number and beginning page number. The United States Treaties and Other International Agreements is several years behind the individually issued Treaties and Other International Acts Series.

Poplar Creek Library District Government Documents Department 1405 South Park Blvd. Streamwood, Illinois 60107 (630) 837-6800

*Kathy Hathaway, Government Documents Librarian, Government Documents Department, Poplar Creek Library District, Streamwood.

KH 11/96 revised

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