A New Constitutional History Source

ConText is a new Web site from James Madison’s Montpelier and the Brookings Institution.  It is taking historical documents related to the Constitution, and presenting them with scholarly commentary.  All of this is available on the Internet, for free!  Hat tip to the University of Georgia Law Library.


Oral Arguments on ACA, Day 3

For the transcript and audio of the morning session on the third day of oral arguments in the ACA cases, see this page on the Supreme Court web site. The Court also provides access to orders, briefs and case information on the ACA Cases.

See also Lyle Denniston’s report on the third day’s arguments on SCOTUSblog.

Continuing coverage of these cases is available via SCOTUSblog, the ACA Litigation BlogThe Washington Post, The New York Times and many other outlets.


Need to find a foreign legal journal?

HeinOnline recently added the “Index to Foreign Legal Perodicals” to its substantial offerings.

“The Index to Foreign Legal Periodicals is the preeminent multilingual index to articles and book reviews appearing in more than 500 legal journals published worldwide. It provides in-depth coverage of public and private international law, comparative and foreign law, and the law of all jurisdictions other than the United States, the UK, Canada, and Australia.”

This is a great source to consider when a foreign journal article search would be helpful to your research.


Updating the CFR on FDsys

Although updating official government documents like the CFR is sometimes thought to be an arduous task, the Government Printing Office has worked to give you lots of (free) options on FDsys and other government web sites:

1. You can use the digital List of Parts Effected to determine if there has been a change to your regulation since the Code of Federal Regulations was published.

a. To use this option, you can “Choose Date Range” in the pull down menu.  From there, enter the date your title was last updated and today’s date.  The database will then bring back any changes made during that time.

2. You can search the PDF List of Sections publication using the Advance Search on FDsys.

a. To use this feature:

  •  Start at the FDsys home page
  • Click on “Advance Search”
  • Under “Available Collections,” choose “List of CFR Sections Affected” and click “Add.”
  • Pull down the “Search in” box to select “Title Number.”
  • Enter your CFR title
  • Click “Add more search criteria.” There will be a default setting to search “Full-text of publications and Metadata.”  In this box, enter the part number you want to update, and then click “Search.”
  • The default view for the results is relevance, but you can change it to date if that is more convenient.

3. You can search the digital Federal Register on FDsys.

4. You can look at FederalRegister.gov for potential updates.

Hat Tip to Tove Klovning and Mark Koempken for these helpful tips!


Looking Ahead to Oral Arguments in ACA Cases

In anticipation of the six hours or oral argument scheduled for the health reform cases on Monday through Wednesday of next week, many commentators have written about the issues and how the Supreme Court might decide the cases. Among the numerous pieces that have been published recently, these are notable:

  • Lyle Denniston’s analysis pieces (I and II and III and IV) in SCOTUSblog consider various aspects of the health cases
  • Linda Greenhouse writes in the New York Times that the constitutional case against the ACA is “analytically so weak that it dissolves on close inspection. “
  • Dahlia Lithwick argues that the ACA argument will have less to do with law than with “optics politics and public opinion”
  • Randy Barnett suggests Justice Scalia’s past opinions to not mean he will vote to uphold ACA
  • Marty Lederman examines the arguments of ACA challengers and responds to Barnett

Ongoing coverage of the health care cases continues at numerous blogs, including HealthLawProf Blog and Health Care at the High Court.