Administrative Law & Legislative History Research
description
Transcript of Administrative Law & Legislative History Research
Administrative Law & Legislative History
Research
April 6, 2009
Learn These Terms
Code of Federal Regulations (CFR)
Federal Register U.S. Government
Manual Ohio Administrative
Code (OAC)
Register of Ohio Ohio Monthly Record LexisNexis
Congressional USCCAN Compiled legislative
histories
Federal Administrative Law
What Is Admin Law?
A third source of primary law.
The output of federal and state admin bodies.
Three Hints for Researching
1. Know the agency, e.g. using United States Government Manual.
2. Read the underlying legislation. This is This is really important!really important!
3. Monitor the agency.
Agencies Make Regulations
Regs are published in TWO formats.1. Federal Register
Daily publication; chronological order Publishes final regs and proposed regs. Generally hard to find stuff in it But essential for the most up-to-date regs & for updating updating
the CFRthe CFR.
2. Code of Federal Regulations More accessible. Arranged by issuing agency and subject. Usually start here.
Where to Find the CFR?
e-CFR, GPO Access, Lexis, Westlaw, HeinOnline
Print version comes out quarterly.
Where to Find the Federal Register?
GPO Access/FDsys, Regulations.gov, Lexis, Westlaw, HeinOnline
Print version runs about 2 weeks behind.
Two Ways to Find Regs
1. In Annotations to US Code (USCA, USCS)
2. By searching the CFR
Baby Food Example
21 USCA 350a Infant formulasNotes:
Code of Federal Regulations:
Food and Drug Administration, Department of Health and Human Services--Infant formula quality control procedures, 21 CFR Part 106. Food and Drug Administration, Department of Health and Human Services--Infant formula, 21 CFR Part 107.
eCRF, browse to Title 21; search “infant formula”
Updating the CFR
Search the Federal Register; restricting to last several days (based on CFR currency)
KeyCite your reg (not Shepard’s) Lexis Regulatory Impact Print: List of Sections Affected (LSA) at end
of CFR books lists page references in Federal Register
Beyond Regs: Other Types of Agency Materials
Federal Agency Decisions, e.g. EEOC decisions
Compliance Manuals, e.g. FDA Enforcement Guidelines, e.g. USDA Official Interpretations, IRS private letter
rulings
Ohio Administrative Law
A Quick Comparison
Federal Ohio
Code of Federal Regulations (CFR)
Ohio Administrative Code (OAC)
Federal Register Register of Ohio (online)
or
Ohio Monthly Record (print)
Ohio Administrative Code
Arranged by agency and subject matter Annotated version on Westlaw / Lexis Unannotated version online at
http://codes.ohio.gov
Ohio Monthly Record
Print only Publishes new rules, proposed rules, notices
of repealed rules Comes out …. monthly
Register of Ohio
Online only Publishes new rules, proposed rules, notices
of repealed rules Great source for news rules or recent
changes – updates the OAC Purges old records – not good for older
changes
Updating the OAC
Register of Ohio Regulation tracking databases in Lexis &
Westlaw KeyCite the reg (not Shepard’s)
Federal Legislative History
What is Legislative History?
Figuring out what a statute “really means” by determining the “intent” of the law makers.
A collection of all of the documents associated with the passage of a statute.
Top Docs
Congressional bills Hearings Committee reports Congressional debates Presidential approval or veto
Where to Find the Docs
CIS/LexisNexis Congressional - #1 Source#1 Source USCCAN (U.S. Code Congressional and
Administrative News) Compiled legislative histories (e.g. USA
Patriot Act)
CIS/LexisNexis Congressional
CIS (Congressional Information Service) started indexing Congressional publications in 1970.
Online, the CIS Indexes are available on LexisNexis Congressional.
Much of LexisNexis Congressional is full-text now, but not all.
USCCAN
“Quick & dirty” precompiled legis history of every enacted federal law since 1947.
Use to find especially reports – key docs. It is not a comprehensive legislative history. Good for the major documents.
Compiled Legislative Histories
Let someone else do the work for you! If you’re researching a major act, check for
these first. e.g. USA Patriot Act: A Legislative History Sources of Compiled Legislative Histories Union List of Legislative Histories Your library catalog.
Get Me More: Research Guides
Federal Administrative
Law
Ohio Federal Legislative
History
Administrative Law Research
Ohio Legal Research Guide
Legislative History Research Guide
Ohio Legislative History