Administrative Law

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Administrative Law

• An Introduction
• to Administrative
• Law Resources

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The Big Picture
Statute
Undefined Term
Fill Gaps with outside information
Unexpected Situation or Ambiguous Phrase
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Gap Fillers for Statutes

• Cases
• Legislative History
• Administrative Law
• Administrative Regulations
• Administrative Decisions

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Administrative Process

• Congress passes Enabling Act which creates agency
  and delegates the power to create and/or enforce
  regulations
• Each agency possesses different powers as granted
  by its enabling act

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Government Directories

• U.S. Government Manual and Federal Regulatory
  Directory
• Contain
• Citations to enabling act
• Description of agencys purpose and powers
• Phone numbers and addresses

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Creating Regulations

• Agency issues
• Notice of Proposed Rulemaking with Request for
  Comments
• Proposed Rules with Request for Comments
• Final Rules with Response to Comments

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Federal Register

• Daily newspaper of the executive branch
• Chronological listing of
• Notices
• Proposed and Final Rules
• Legislative history of regulations
• Presidential documents of general applicability

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(No Transcript)
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Other preliminary information includes
effective dates, comment deadlines, and contact
names and addresses
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The Federal Register publishes a detailed
discussion of the action, including the
agencys response to comments. This is usually
the only traceable history of regulations.
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(No Transcript)
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Code of Federal Regulations

• Provides subject access to federal regulations
• Republished annually in four parts
• Includes
• Current text of regulations of a general and
  permanent nature
• Citations for statutory authority
• Citations for administrative history

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Citation 8 CFR 209.1 (2004)
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(No Transcript)
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(No Transcript)
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Source statement in brackets, sometimes after
Authority statement, refers back to the Federal
Register for the history of the regulations.
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Finding Administrative Regulations
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Indexes to the CFR

• Official Index called CFR Index and Finding Aids

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CFR Index and Finding Aids
code of federal regulations
Revised as of January 1, 2004
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(No Transcript)
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Use the Table of Contents to determine the
relevant sections.
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CFR Indexes

• Official Index called CFR Index and Finding Aids
• CIS Index to the Code of Federal Regulations

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INDEX TO THE CODE OF FEDERAL REGULATIONS
COVERAGE OF THE 2001 CODE OF FEDERAL REGULATIONS
Subject Index A - D
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POLITICAL ASYLUM--IMMIGRANT CLASSIFICATION Adjustm
ent of Status of Refugees and Aliens Granted
Asylum . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . 8 CFR 209
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Other Finding Aids

• Cases
• Secondary Resources
• United States Code Service and United States Code
  Annotated

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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.
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Researching Regulations Online

• Available on Westlaw, Lexis, and the Internet
  (including e-CFR through National Archives)
• Because of the specificity of most regulations,
  researching online may be an efficient research
  choice
• Use the Table of Contents features on Westlaw and
  Lexis
• You MUST check the currency of online resources

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Updating Regulations
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Steps for Updating Regulations

• Find CFR section

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8 CFR 209.1
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Steps for Updating Regulations

• Find CFR section
• Note date of CFR Revision

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Title Page
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Steps for Updating Regulations

• Find CFR section
• Note date of CFR Revision
• Browse latest issue of List of C.F.R. Sections
  Affected (LSA) on www.gpoaccess.gov Note
  coverage

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Title Page
L S A List of CFR Sections Affected
code of federal regulations
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.
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Title 8
209 Duplicated and transferred to Chapter V,
Part 1209. . . . . 9835
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If the agency has amended the regulation
recently, you will have to incorporate the new
language into the CFR text.
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Steps for Updating Regulations

• Find CFR section
• Note date of CFR Revision
• Browse latest issue of List of C.F.R. Sections
  Affected (LSA) on www.gpoaccess.gov Note
  coverage
• Check Last Months and Current List of C.F.R.
  Parts Affected on www.gpoaccess.gov

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Steps for Updating Regulations

• Shepardize or KeyCite CFR Citations to determine
  how cases have dealt with you CFR section

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Federal Administrative Decisions
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Administrative Decisions

• Most federal agencies do write formal opinions to
  explain their decisions

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Agency Decisions may be published in

• Official Reporters
• (See Bluebook, pp. 168-170)
• Loose-leaf Services
• Publications geared toward practitioners which,
  in addition to publishing cases, publish relevant
  statutes, regulations, commentary, etc.
• Westlaw, Lexis
• Often in Topical databases
• Internet

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Citations
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Shepardizing Agency Decisions

• United States Administrative Citations
• Topical Shepards Citators
• Shepards Labor Citations
• Shepards Tax Citations
• Lexis
• Westlaw (KeyCite)

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Presidential Documents
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Types of Presidential Documents

• Proclamations
• Executive Orders

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Proclamations are policy announcements issued
to the nation.
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Executive orders are generally instructions to
government officials.
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Publication of Presidential Documents

• Federal Register
• Title 3 of the Code of Federal Regulations
• Weekly Compilation of Presidential Documents
• Westlaw, Lexis, and the Internet

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Shepards Citators

• Presidential Documents can also be Shepardized
  using the Shepards Code of Federal Regulations
  Citations

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Final Comment

• SAVE THIS HANDOUT!!!