Also known as: journals · legislative journal
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An official record of proceedings maintained by a legislative body. The record includes votes, actions taken, and objections to bills returned by the executive.
An official record of proceedings maintained by a legislative body. The record includes votes, actions taken, and objections to bills returned by the executive.
After Congress passes a revenue bill, the President returns it with objections. The originating House must enter those objections at large on its journal before reconsidering the measure. The recorded entries determine whether the two-thirds override vote proceeds.
Applicants for judicial commissions request extracts from the Senate executive journal to prove their appointments. The Senate refuses the request. The applicants then call clerks to testify about the journal entries in court.
A periodical containing articles on specialized topics such as law, medicine, or trade. Such publications serve as sources for peer review, commercial data, or public dissemination of information.
A newspaper prepares to publish classified documents. The government seeks an injunction to halt circulation. The court must decide whether the journal's planned dissemination poses the kind of harm that justifies a prior restraint.
A periodical containing articles on specialized topics such as law, medicine, or trade. Such publications serve as sources for peer review, commercial data, or public dissemination of information.
Each sense below has its own examples, sources, and questions.
When the President returns a bill with objections, the originating House must enter the objections at large on its journal. The recorded yeas and nays on reconsideration determine whether the bill becomes law by two-thirds vote.
An expert offers causation testimony in a products liability case. Opposing counsel challenges admissibility because the underlying studies never appeared in a peer-reviewed journal. The court weighs the absence of journal publication when assessing whether the methodology meets the requisite scientific standards.
A trade journal publishes an article accusing a public official of taking kickbacks. The official sues for defamation. The court examines whether the editor acted with actual malice by publishing the unverified claims from a biased source.
A medical journal article discusses contraceptive use. State officials seek to enforce a statute banning distribution of such information. The court considers whether the journal's content falls within protected zones of privacy.
Yes. Under the single-publication rule, one aggregate communication such as a single edition of a periodical gives rise to only one cause of action. All damages suffered in every jurisdiction where the journal circulated are recoverable in that single suit.
Peer review and publication in a reputable scientific journal provide evidence that the research meets minimal criteria of good science. The test focuses on soundness of methodology rather than correctness of conclusions.
…a respectful memorial had been made to the Senate praying that their Secretary be permitted to give extracts from the executive journals, the request was denied. The applicants therefore summoned witnesses to attend court whose voluntary affidavits they could not obtain. Mr. Lee read the affidavit of Dennis Ramsay and the…