I actually have multiple (4 or 5) copies of the pamphlet ( It was also
issued in a bound version), in case anybody ever needs to borrow the
original. It's one of the very few legislative histories that I have that
we would lend. It is reprinted, as has been stated, in T. 28 of the USCA.
By the way, the similar pamphlet for Criminal Law is reprinted in T. 18
USCA.
David Lockwood
Deputy Circuit Librarian
U.S. Court of Appeals for the Federal
Circuit
202-633-5871
lockwood@dgsys.com
On Thu, 5 Nov 1998, Kent Olson wrote:
> >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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