3.3.1 RESEARCHINGSTATUTORYISSUES
If your case presents an issue of statutory or constitutional construction, you should conduct some research in the text or online versions of the United States Code Annotated or the United States Code Service (or the relevant state court code collections).
Note that for some resources, it is easier and faster to use the hard-copy version to survey a wide array of authorities that have cited the relevant statute or constitutional provision. In addition, remember that courts are interested in hearing about interpretations of similar statutes, or even different statutes that use similar phrases or clauses.For example, if your case involves the federal Age Discrimination in Employment Act, you might look for similar language in Title VII of the Civil Rights Act of 1964, which deals with sex and race discrimination, or in the Americans with Disabilities Act, which deals with discrimination against people with disabilities. If your analysis focuses on the meaning of a particular word or phrase in the statute, try using one or more words from the phrase as a search term, and search in a United States Code database to see if you can find any other statutes with the same or similar language. You may then be able to use authorities that interpret those other statutes when making your arguments.
When looking for authority on the meaning of statutes, consider the three branches of government. First, the executive — has this statute been interpreted by a relevant federal agency? If so, then the court may defer to the agency’s interpretation under the Chevron rule.29 Second, consider the legislative branch: Is there any relevant legislative history? (Keep in mind, however, that courts sometimes refuse to consider legislative history.) Finally, and often most importantly, consider the judicial branch: Has a relevant court interpreted this language or analogous language? When you look for interpretations from all three points of view, you may discover analysis that will help you argue that your interpretation is the correct one. See Chapter Seven for more discussion of statutory research and analysis.