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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2010

Legislation

Legislative history

University of Arkansas at Little Rock William H. Bowen School of Law

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Using Legislative History In Arkansas To Determine Legislative Intent: An Examination Of Cases And Review Of The Sources, Kathryn C. Fitzhugh, Melissa M. Serfass Apr 2010

Using Legislative History In Arkansas To Determine Legislative Intent: An Examination Of Cases And Review Of The Sources, Kathryn C. Fitzhugh, Melissa M. Serfass

University of Arkansas at Little Rock Law Review

This article summarizes the legislative process in Arkansas. It lists and provides descriptions of Arkansas's primary sources of legislation, including print and online resources. An examination of case law focuses on this question: what do Arkansas appellate courts mean when they say they consider legislative history in determining the intent of the legislature; specifically, what types of information will the courts consider? A brief discussion of several general rules of statutory construction in Arkansas precedes an examination of specific sources the courts have relied on. These sources include House and Senate Journals, act titles, preambles, emergency clauses, official commentary, executive …