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admin law resources

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by John Eller on 29 January 2014

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Transcript of admin law resources

Admin Law Research
Admin Law: Generally, there are three broad areas of research
substantive administrative law:
the underlying powers and structures
of administrative agencies
the regulatory activities & actions of admin agencies (e.g., their rules & regulations, decisions, reports, and publications and pronouncements)
{who they are}
{what they do}
research into the related activities and output of the chief executive (President or Governor)
{what the decider decides}
First:
know thy agency
(or commission, or entity,
or board, or . . . . )
How?
For the federal government, there's a handbook!
Aptly titled,
The United States Government Manual
Available on Westlaw, Lexis, or wherever all major government manuals are sold
also available at gpo.gov:
Researching substantive administrative law
This can run the gamut from: the organization of an agency; FOIA mechanics; issues of standing;
or agency investigations, hearings, licensing,
and adjudication procedures
Where do I go?
Your may want to start with the agency / entity website
Researching regulatory activities & actions:
{the who}
{the what}
Fortunately, there's a holy trinity of resources to guide you through the thickets of federal activity
The Federal Register
A uniform system for publishing presidential docs, regulatory docs, proposed & final regulations, and agency notices. ALL proposed & final regulations appear first in the Federal Register.
federalregister.gov
The Code of
Federal Regulations
An annual codification of all general & permanent rules published in the Federal Register

Divided into 50 thematic titles representing broad areas subject to federal regulation

Each title is revised annually & contains the regs in force at the time of publication

Title 3 contains presidential proclamations, executive orders, and other presidential documents
Alternative sources:
gpo.gov
HeinOnline
(access thru Law Library webpage)
regulations.gov
Superb additional resources:
reginfo.gov
regulations.justia.com
Admin decisions and rulings:
Sadly, agency quasi-judicial decisions and enforcement activities -- and their modes of publication -- vary widely (and they generally are NOT included in the Federal Register)

About 15 agencies currently publish decisions in court reporter form; also see commercial databases such as Westlaw; and agency sites
Publication of admin decisions is more fragmented than rules and regs; there's simply no one place where all such decisions are located
Lexis:
U.S. Federal Administrative Materials
Westlaw:
Federal Admin Decisions & Guidance
Bloomberg: "search regulatory"
Presidential docs:
executive orders, signing statements, proclamations, etc.
The good news:
easier to find!
Sources for:
proclamations and exec orders
(Title 3)
presidency.ucsb.edu
whitehouse.gov
(current admin only)
Sources for:
signing statements, transmission statements
USCCAN-MSG database
(NOT signing statements)
gpo.gov; also,
Compilation of Presidential Documents
What about state admin law resources?
findlaw.com/casecode
agency websites
law library websites
{the Decider}
(Presidential Library)
Westlaw:
Administrative agencies -- the "alphabet soup" of government -- implement statutes through regulatory schemes
Legislatures pass
enabling legislation
that:
1. Creates agencies; and
2. Defines the scope of their authority
Agencies then engage in
quasi-legislative
and
quasi-judicial
activities (e.g., rulemaking)
presidency.ucsb.edu
A final note about
Boolean searching
: a powerful way to narrow your searches
Saves you
time
Saves your employer
$$$
1.
2.
select "Directories" from homepage
U.S. Gov't. Manual
gpo.gov
also try:
See the full transcript