Document

Report
Administrative Law Research
Ann Hemmens
University of Washington Law Library
Legal Analysis
February 28, 2005
Highly Regulated Society
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Banking (FDIC, OCC)
Environment (EPA)
Health (HCFA, FDA)
Labor Law (NLRB, OSHA)
Tax (IRS)
Securities (SEC)
Utilities (FCC, FERC)
U.S. Legal System
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Federalism
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two levels of government (federal and
state)
Separation of powers
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ensure that none of 3 branches of
government usurps powers of other
branches
Organization of Federal & State
Governments
Constitution
Legislative
Judicial
Executive
Statutes
Cases
Regulations
Administrative Decisions
Stat., USC
RCW
US, Fed 3d
P3d, Wash.
FR, CFR
WAC
How do Sources of Law Interact?
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Court interprets a statute
An earlier court decision is overruled by
same court
Legislature writes statute in response to
a case
Agency proposed rules in response to
statute.
Administrative Law
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What is it? Rules, regulations, and decisions created
by administrative agencies (federal and state).
Which agency covers a specific subject area?
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U.S. Government Manual
Procedural Standards? Administrative Procedure Act
(APA) (5 USC §551 et seq.).
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Notice of proposed rule
Comment period
Final rule & response to comments
Authorization by Statute
The Secretary shall by regulation . . . Determine
whether any species is an endangered species or
a threatened species because of . . .
(A)
(B)
(C)
the present or threatened destruction,
modification, or curtailment of its habitat or
range;
overutilization for commercial, recreational,
scientific, or educational purposes;
disease or predation . . . .
16 USC § 1533
Code of Federal Regulations (CFR)
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Rules &
regulations in
force
Published
annually
Index & finding
tables
Federal Register (FR)
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Daily
Proposed regs
New regs
Presidential
documents
 Executive orders
 Proclamations
Crystal Ball
Semiannual
Regulatory
Agenda
 Federal
Register
 Apr & Oct
5 Ways to Find Regulations?
1.
Agency Website
2.
Code of Federal Regulations Index
3.
(last volume of CFR & USCS)
Federal Register Index
Annotated Codes
4.
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United States Code Annotated
(USCA)
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United States Code Service
(USCS)
How to Find Regulations? Cont’d
5.
Secondary Sources
1.
2.
3.
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5.
6.
Treatises & Hornbooks
Legal Encyclopedias (AmJur & CJS)
Law Reviews
Annotations (ALR Fed)
Government Documents
Books (search law library catalog)
Updating Regulations
CFR
Date on cover
Federal Register
Last day of current month
under “List of CFR Parts
Affected”
List of Sections
Affected (LSA)
Most recent monthly issue
Federal Register
Last day of prior month(s)
under “List of CFR Parts
Affected”
Administrative Decisions
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Where are they
published?
Cohen, Berring &
Olson, How to
Find the Law,
Appendix D
websites

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