Hidden Law: Taking the Comments More Seriously

Article by Melissa T. Lonegrass

This Article explores the process by which comments are made, the manner in which they are employed by courts, and their relationship to the legislative texts. This Article describes the drafting, publication, and revision of legislative comments. It also explores the status of the comments as a source of law and examines the ways in which comments interact with the legislative text. This Article advances theoretical and functional critiques of the comments, and presents initial suggestions for improving the drafting, publication, and revision of the comments. Finally, it calls upon all parties involved in the making and study of Louisiana law to continue to debate the role and status of this hidden source of law.

About the Author

Harriet S. Daggett-Frances Leggio Landry Professor of Law & Bernard Keith Vetter Professor of Civil Law Studies, Paul M. Hebert Law Center, Louisiana State University


92 Tul. L. Rev. 265 (2017)