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22 Jurimetrics J. 294 (1981-1982)
The U.S. Supreme Court and the Use of Legislative Histories: A Statistical Analysis

handle is hein.journals/juraba22 and id is 310 raw text is: THE U.S. SUPREME COURT AND THE USE OF LEGISLATIVE HISTORIES: A STATISTICAL ANALYSIS* Jorge L. Carrot and Andrew R. Brannt Few things of the law have lent themselves so handily to voluminous legal scholarship as the use of legislative histories in judicial decision making. The courts are constantly being praised or admonished for their attempts to grasp coherence from the vast records of legislative hearings and debates that precede any bill before it becomes the law of the land. The use of legislative history to interpret the intent or purpose of the legislature is a consequence of what some have called the terminal malady of the legal profession: That we are constantly being called upon to define the limits of social conduct with an imper- fect language. The search for definitional tools has led American courts to search the plethora of legislative records for evidence to help decipher the meaning of the one word or phrase, the definition of which is critical to a particular case at hand. Scholars and academicians argue how these records and materials should be used. What is the meaning of intent, or purpose, or meaning itself? Which hearings and rec- ords are dispositive and helpful, and which are not? Undoubtedly the questions raised and the answers proposed are helpful to some jurists and not so helpful to others. Nevertheless, these works are valuable *Substantially as published in 19 NOTRE DAME LAW SCHOOL, JOURNAL OF LEGISLATION 2 (Summer 1982). tJorge L. Carro is a Professor of Law and Head Law Librarian, University of Cincinnati College of Law. *Andrew R. Brann is Acting Librarian, University of Kansas School of Law. The authors acknowledge the contribution of Theodore Squillante, Esq., Judicial Clerk for Hon. James Duke Cameron, Chief Justice, Arizona Supreme Court. JURIMETRICS JOURNAL

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