The War(S) On Christmas In The Law Books, Kurt X. Metzmeier
Nov 2018
The War(S) On Christmas In The Law Books, Kurt X. Metzmeier
Kurt X. Metzmeier
This piece takes a reference to a December 25, 1823, session of the Kentucky Senate as a starting point to discuss the legal history of Christmas in America and specifically Kentucky from the Puritan era when it was banned, to the early 1800s when it was officially ignored, to the late 19th century when it was raised to a legal holiday (and when many of the day's tradition were created).
Kentucky Criminal Law Reform In The Age Of Aquarius, Kurt X. Metzmeier
Aug 2018
Kentucky Criminal Law Reform In The Age Of Aquarius, Kurt X. Metzmeier
Kurt X. Metzmeier
In Kentucky criminal law, it is useful to divide legal history into two broad eras: the years before the 1970s and those after that pivotal decade of reforms. The 1970s brought a new court system, a dramatic bail reform law which criminalized the hated bail-bondsmen and even a new court house. However, for the modern case law researcher the most significant change was the adoption of a statutory penal code—a code that marked a break between the two centuries of common-law crimes that preceded 1974 and the four decades afterwards.
How A (Sewer) Bill Becomes A (Pension) Law: Kentucky Legislative History In Difficult Times (July 2018), Kurt X. Metzmeier
Jun 2018
How A (Sewer) Bill Becomes A (Pension) Law: Kentucky Legislative History In Difficult Times (July 2018), Kurt X. Metzmeier
Kurt X. Metzmeier
Researching state legislation in difficult times where the classic “how-a-bill-becomes-a-law” method fails to capture the secretive, makeshift lawmaking of a politically fractured legislature is a problem for even the most seasoned legal researcher. This article uses the Kentucky pension law reform bill to point out a few techniques a researcher can use to create a useful legislative research dossier.
The New Legislative History: Researching Legislation In Difficult Times, Kurt X. Metzmeier
Mar 2018
The New Legislative History: Researching Legislation In Difficult Times, Kurt X. Metzmeier
Kurt X. Metzmeier
How does a researcher find the legislative history of federal laws passed in the irregular manner that seems be the only way to get things done in Congress these days. The legislative history of the 2017 tax law, for example, would uncover no hearings, no true committee reports, and limited and not exactly well-informed debates (because the legislators were not given time to read the final draft of the bill). And yet, because of the breakneck speed of enactment, textual issues are bound to occur. This article attempts to answer that question and to provide some tools to assist the …
Happy Birthday, Krs!, Kurt X. Metzmeier
Jun 2017
Happy Birthday, Krs!, Kurt X. Metzmeier
Kurt X. Metzmeier
Routinely cited in briefs, often the subject of legal arguments, and dutifully followed by Kentucky judges, the Kentucky Revised Statutes seem more a force of nature than something with a date of origin. Yet on October 1, 2017, the not-quite-a-baby-boomer known universally as the “KRS” celebrated its 75th birthday.
This article describes the long process to revise Kentucky's statutes that started in 1936 when the General Assembly created a committee to weed out repealed and obsolete laws, and to reduce the length (and heft) of the massive Carroll’s Kentucky Statutes used in state courts. The need was obvious; that very …
Listening To The Laws: Finding The Legislative History Of Recent Kentucky Statutes Online, Kurt X. Metzmeier
Oct 2016
Listening To The Laws: Finding The Legislative History Of Recent Kentucky Statutes Online, Kurt X. Metzmeier
Kurt X. Metzmeier
While it is not possible sort of legislative history of a Kentucky statute that one traditionally does for a federal law because the Kentucky legislature does not publish full transcripts of legislative debates or the reports of committee hearings (the basic materials of a federal legislative history), this article shows how to use the state legislative website and videos taken and retained by the KET (the state public education channel) to do as well a job.
You Will Never Believe This Shocking Trick To Reveal The History Of A Federal Regulation, Kurt X. Metzmeier
Oct 2015
You Will Never Believe This Shocking Trick To Reveal The History Of A Federal Regulation, Kurt X. Metzmeier
Kurt X. Metzmeier
This article describes a simple method to help a legal researcher quickly determine the background to a federal regulation that they are researching. The article also tries to untangle some aspects of regulations research that arise from the fact that the Federal Register was designed for print and moved to the Internet without any redesign.
The Old Man Of The Internet: Thomas.Gov, Congress.Gov And The Promise Of Online Legislative Research Fulfilled, Kurt X. Metzmeier
Nov 2013
The Old Man Of The Internet: Thomas.Gov, Congress.Gov And The Promise Of Online Legislative Research Fulfilled, Kurt X. Metzmeier
Kurt X. Metzmeier
The article discusses using U.S. Congressional resources on the Internet, in particular the Library of Congress' Congress.gov website. The paper focuses on how to use these tools to determine the legislative intent behind a statute.
Review: Calvin H. Johnson, Righteous Anger At The Wicked States: The Meaning Of The Founders’ Constitution, Kurt X. Metzmeier
Jan 2007
Review: Calvin H. Johnson, Righteous Anger At The Wicked States: The Meaning Of The Founders’ Constitution, Kurt X. Metzmeier
Kurt X. Metzmeier
After nearly two centuries of scholarship, it is perhaps impossible to forward a new idea about the motivations behind the founding of the U.S. Constitution, but University of Texas law professor Calvin H. Johnson has brought a new emotion to the debate: “righteous anger.” This review examines his general thesis is that the Constitution was the result of a moral reaction to the inadequate funding of the national defense by the Continental Congress and the need for a strong central government with the power to tax. As the proponents of the “New Federalism” on the Supreme Court continue to read …
History In The Law Library: Using Legal Materials To Explore The Past And Find Lawyers, Felons And Other Scoundrels In Your Family Tree, Kurt X. Metzmeier
Mar 2006
History In The Law Library: Using Legal Materials To Explore The Past And Find Lawyers, Felons And Other Scoundrels In Your Family Tree, Kurt X. Metzmeier
Kurt X. Metzmeier
The standard law books and databases typically employed in legal research record the foibles and follies of humankind. This article discusses how these resources can be used to research local and family history.
Legal History Resources, Kurt X. Metzmeier
Dec 2005
Legal History Resources, Kurt X. Metzmeier
Kurt X. Metzmeier
A bibliographic essay on resources for the study of Kentucky legal history.
Citation Of Kentucky Legal Materials, Kurt X. Metzmeier
Dec 2004
Citation Of Kentucky Legal Materials, Kurt X. Metzmeier
Kurt X. Metzmeier
Guide to local rules for citation of Kentucky legal materials.
