Presentation on theme: "Administrative Law An Introduction to Administrative Law Resources."— Presentation transcript:
Administrative Law An Introduction to Administrative Law Resources
Undefined Term Unexpected Situation or Ambiguous Phrase Statute Fill Gaps with outside information The Big Picture
Gap Fillers for Statutes l Cases l Legislative History l Administrative Law Administrative Regulations Administrative Decisions
Administrative Process l Congress passes Enabling Act which creates agency and delegates the power to create and/or enforce regulations l Each agency possesses different powers as granted by its enabling act
Government Directories l U.S. Government Manual and Federal Regulatory Directory Contain Citations to enabling act Description of agency’s purpose and powers Phone numbers and addresses
Creating Regulations l Agency issues: Notice of Proposed Rulemaking with Request for Comments Proposed Rules with Request for Comments Final Rules with Response to Comments
Federal Register l Daily newspaper of the executive branch l Chronological listing of: Notices Proposed and Final Rules “Legislative history” of regulations Presidential documents of general applicability
Heading--contains: Name of Department Name of Agency or Agencies involved CFR parts affected by changes Agency docket numbers Action statement
Other preliminary information includes effective dates, comment deadlines, and contact names and addresses
The Federal Register publishes a detailed discussion of the action, including the agency’s response to comments. This is usually the only traceable “history” of regulations.
Following the detailed discussion, the agency publishes the text of new, proposed or amended regulations.
Code of Federal Regulations l Provides subject access to federal regulations l Republished annually in four parts l Includes: Current text of regulations of a general and permanent nature Citations for statutory authority Citations for administrative history
Indexes to the CFR l Official Index called CFR Index and Finding Aids
code of federal regulations CFR Index and Finding Aids Revised as of January 1, 2004
Adjustment of status of refugees and aliens granted asylum, 8 CFR 209
Use the Table of Contents to determine the relevant sections.
CFR Indexes l Official Index called CFR Index and Finding Aids l CIS Index to the Code of Federal Regulations
INDEX TO THE CODE OF FEDERAL REGULATIONS COVERAGE OF THE 2001 CODE OF FEDERAL REGULATIONS Subject Index A - D
POLITICAL ASYLUM--IMMIGRANT CLASSIFICATION Adjustment of Status of Refugees and Aliens Granted Asylum........................................ 8 CFR 209
Other Finding Aids l Cases l Secondary Resources l United States Code Service and United States Code Annotated
Check the annotations section for cites to relevant CFR sections. This listing may not be complete but it will get you started in your research.
Researching Regulations Online l Available on Westlaw, Lexis, and the Internet (including e-CFR through National Archives) l Because of the specificity of most regulations, researching online may be an efficient research choice l Use the Table of Contents features on Westlaw and Lexis l You MUST check the currency of online resources
Steps for Updating Regulations 1 Find CFR section 2 Note date of CFR Revision
code of federal regulations Aliens and Nationality 8 Revised as of January 1, 2004 CONTAINING A CODIFICATION OF DOCUMENTS OF GENERAL APPLICABILITY AND FUTURE EFFECT AS OF JANUARY 1, 2004 Title Page
Steps for Updating Regulations 1 Find CFR section 2 Note date of CFR Revision 3 Browse latest issue of List of C.F.R. Sections Affected (LSA) on www.gpoaccess.gov [Note coverage]www.gpoaccess.gov
code of federal regulations L S A List of CFR Sections Affected December 2004 Title 1 - 16 Changes January 2, 2004 through December 30, 2004 Title 17 - 27 Changes April 1, 2004 through December 30, 2004 Title 28 - 41 Changes July 2, 2004 through December 30, 2004 Title 42 - 50 Changes October 1, 2003 through December 30, 2004 LSA cumulates the changes since each CFR title was last republished. Title Page
209 Duplicated and transferred to Chapter V, Part 1209..... 9835 Title 8
If the agency has amended the regulation recently, you will have to incorporate the new language into the CFR text.
Steps for Updating Regulations 1 Find CFR section 2 Note date of CFR Revision 3 Browse latest issue of List of C.F.R. Sections Affected (LSA) on www.gpoaccess.gov [Note coverage] www.gpoaccess.gov 4 Check Last Month’s and Current List of C.F.R. Parts Affected on www.gpoaccess.gov www.gpoaccess.gov
Steps for Updating Regulations 5 Shepardize or KeyCite CFR Citations to determine how cases have dealt with you CFR section
Administrative Decisions l Most federal agencies do write formal opinions to explain their decisions
Agency Decisions may be published in: l Official Reporters (See Bluebook, pp. 168-170) l Loose-leaf Services Publications geared toward practitioners which, in addition to publishing cases, publish relevant statutes, regulations, commentary, etc. l Westlaw, Lexis Often in Topical databases l Internet