Tuesday, March 10, 2020

Nevers and Krishnaswami on Statutory Notes in the US Code

Shawn G. Nevers, Brigham Young University J. Reuben Clark Law School, and Julie Graves Krishnaswami, Yale Law School, have posted The Shadow Code: Statutory Notes in the United States Code, which is forthcoming in volume 112 of the Law Library Journal:
28 U.S.C. §1350 (2012).
Many legal researchers may be unaware that some valid statutory provisions appear as statutory notes rather than in sections of the United States Code. This article examines the history, creation, and purpose of statutory notes in the United States Code, and provides data on the number of statutory notes that exist. It also explores the challenges statutory notes present in the research process and offers guidelines and best practices for researching and teaching this often overlooked aspect of the United States Code.
--Dan Ernst