Summaries of State Statutes:Draft Instructions

(Based on Lists from Notebook Research Assignment #1)

Due: Monday October 5 @ 3:30 (First Six Summaries)

Monday November 16 @3:30 (Remaining Summaries)

Method of Submission: Via e-mail. Thesummaries should be sent as an attachment in Word. Put all summaries of statutes submitted at the same time into a single document, but begin each individual summary at the top of a new page. If you are submitting summaries of both statutes and cases at the same time, create two documents, one including all the statutes and one including all the cases.

Content: You will provide information as an outline substantially in the form below. Note that it generally follows the format of Research Assignment #1. More detailed discussion of general instructions and of individual categories follows.

OUTLINE OF SUMMARY:

[Heading]: State Name; Employment, Housing and/or Public Accommodations (Popular Name of Statute)[if known]

A. Citation

B. Protected Characteristics: [List of Protected Characteristics]

C. Key Definitions(bullet point list in numerical order)

  • Cite: Term Defined: [concise version of definition]
  • …
  1. Operative Provisions(bullet point list in numerical order)
  2. Cite: [concise description of provision]
  3. …
  4. Accommodations: Cite: [concise description of provision]
  5. Defenses: (bullet point list in numerical order under each category)

1. Religious:

  • Cite: [concise description of provision]
  • …

2. Related:

  • Cite: [concise description of provision]
  • …

3. General:

  • Cite: [concise description of provision]
  • …

General Instructions on Summarization.

What to Include: Cover the primary set of statutes on the topic[s] I asked you to summarize. Do not, for example, include special statutes aimed at public employees or restrictive covenants unless they are integrated into the primary employment or housing discrimination statutes. Look at comments I provide on your statutory submissions about what belonged there and about proper characterization of the provisions.

Summarizing (Not Merely Listing; Not Transcribing): The heart of this assignment is to accurately and concisely convey the gist of the provisions you discuss. Obviously, you will have to exercise judgment about the level of detail to convey. Some thoughts about doing this:

  • I’m looking for more than a couple of words per provision; don’t merely list headings.
  • Many statutory provisions are wordy or repetitive. Simply transcribing long provisions is not summarizing; try to edit. On the other hand, directly quoting language from the statute may be the most effective way to present some ideas. For brief clear provisions, a direct quote may be all you need.
  • The more central a provision is to the themes of the course, the more detail it warrants. For example, I would describe statutory defenses for religious organizations in considerable detail. By contrast, the smallholder’s exception to the federal Fair Housing Act (42 USC §3603(b)) includes considerable technical detail that is not particularly important for our purposes, so you should try to find a very concise way to present it.

A Few Tips for Specific Situations:

  • If your statute doesn’t include examples of one of the categories, just say “none” in the relevant part of the outline.
  • If one of your provisions is essentially identical to the parallel provision in the federal statute, you can simply say so instead of providing a new summary. E.g.,

§465(a): Same as 42 U.S.C. §3604(a)

  • If a provision has multiple parts that are not intertwined, you probably should address each separately. If they are not best addressed separately, feel free to provide subcategories or some further indented bullets if that helps make the provision clear.
  • In your original submission, most of you listed some provisions under more than one category, as where a definition contains a defense or an accommodations provision. In this submission, list the provision in both places, but only summarize each component part in one place and put in a cross-reference in the other. For example, you might summarize Title VII’s entire definition of religion in the definitions section, then, under accommodations, list the statute, and simply say “See definition of Religion above.”

Specific Instructions for Each Subheading:

A. Citation: Use the standard form for the particular jurisdiction. No date is necessary. You may either cite the first specific provision followed by “et seq.” or provide a range of statute numbers. (E.g., “42 U.S.C. §3601 et seq.” or “17 Kansas Stat.§§2201-2218”). Having provided the overall citation at the top, you can just use the relevant section number inyour cites to individual provisions below. (E.g., “§3604(d)” or “§2206”).

B. Protected Characteristics: Simply list the characteristics protected by the statute in the order that the statute presents them.

C. Key Definitions: List each definition you included in your original list (as amended after my comments). Provide the gist of the definition in the summary. Brief definitions might be best handled with direct quotes.

D. Operative Provisions: List each operative provision you included in your original list (as amended after my comments). Try to capture the gist of the conduct that is being regulated without necessarily transcribing the sometimes repetitive legal language used.

E.Accommodations: Briefly summarize any accommodations provision.

F. Defenses: List each defense you included in your original list (as amended after my comments) divided into the three categories of defenses. For each defense, start with the brief description you included in the list, then provide the summary. Try to capture the gist of the conduct that is being regulated without necessarily transcribing the sometimes repetitive legal language used.

Special Instructions for Statutes that Cover More Than One Topic: In some states, two or three of our major categories are combined in a single statutory scheme. If I ask you to summarize the statute with respect to only one of the categories (e.g., housing), treat it as though it were a stand-alone statute addressing housing and only summarize those provisions relevant to housing. If I ask you to summarize the whole statute, make the following adjustments:

  • Divide the “Operative Provisions” section into subsections for the categories covered, then put those operative provision related to employment in the employment subsection, etc.
  • If there is an accommodations provision, make clear which categories it covers, using a parenthetical right after the cite listing the relevant category or categories
  • In the defenses section, for each defense listed, make clear which categories it covers, using a parenthetical right after the cite listing the relevant category or categories

Length: Will vary with the statute.

Formatting: Follow the outline form provided above and in the samples. Use 12-point font. Individual paragraphs and bullet points should be single-spaced; leave at least 6 points (half a line) between paragraphs and bullets.

Grading: I will reward:

  • Careful adherence to instructions.
  • Summaries that are clear, concise, accurate and complete.
  • Summaries that a reader could understand without having to read the underlying statutory provisions.