Re: USCCAN

From: Kent Olson (kolson@law1.law.virginia.edu)
Date: Thu Nov 05 1998 - 12:51:23 PST


>Date: Thu, 05 Nov 1998 11:39:37 -0600
>From: "Lori D. Martin (LDM)" <LDM@BARW.COM>
>To: law-lib@ucdavis.edu
>Subject: USCCAN
>
> I'm trying to locate a "Special Pamphlet" of the 1948 U.S. Code
>Congressional Service. The pamphlet has the legislative history, reviser's
>notes, etc... for Title 28. I have the two bound volumes of the 1948 U.S.
Code
>Congressional Service but the pamphlet, of course, is long gone. I have
>checked with my state law school libraries, state law library, and firm
libraries
>but they're in the same boat -- no pamphlet.
> If you have the pamphlet, please contact me.

I think -- but cannot verify -- that the material that was originally printed
as the special USCCAN pamphlet is now reprinted in the 1994 volume of
USCA containing sections 2461-end of title 28, at pages 697-817. A similar
compilation for title 18 appears at page 437-538 of the 1985 volume
containing 18 USCA ss 4121-end.

A similar question arose here not long ago, and Barbie Selby scoured the
country in vain for one of these 1948 pamphlets. OCLC listed one holding
library, but they didn't have it.

As far as I can tell from Wexis, the most recent scholar who claims to
have seen the pamphlet you seek is Kimberly Jade Norwood, a professor
at Washington University (e-mail: norwood@wulaw.wustl.edu). In
"Double Forum Shopping and the Extension of Ferens to Federal Claims
That Borrow State Limitation Periods," 44 Emory L.J. 501, 522 n.113
(1995), she wrote: "The legislative history of 28 U.S.C. section 1404(a)
is scant. For the complete history, see Special Pamphlet on Pub. Law
773, June 25, 1948, c. 646, 62 Stat. 937, reprinted in U.S. Code Cong.
Serv., 80th Cong., 2d Sess. 695 (1948). Nowhere therein does Congress
address either the conflict of laws issue or forum shopping." You might
check with her.

Kent Olson
University of Virginia Law Library
kolson@virginia.edu



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