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Part I: About This Tutorial In this tutorial you should learn • • • • what administrative law is, what regulations are, what administrative decisions are, and how to find regulations and administrative decisions.
This tutorial is divided into six parts. This introduction is the first part. The second part is an overview describing the players and documents of administrative law.
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The third part discusses agency web sites.
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The fourth part describes methods of researching regulations.
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The fifth part discusses methods of updating the regulations you find. Page 4 of 108 .
Page 5 of 108 . This concludes Part I of Administrative Law Research: A Tutorial by the Georgetown Law Library.The sixth part discusses strategies for finding agency decisions.
who makes it.Administrative Law Research: A Tutorial by the Georgetown Law Library Part II: Overview of Federal Administrative Law Sources In this part of the tutorial you should learn • • • • what administrative law is. Page 6 of 108 . how it is made. and where it is published.
departments.What Is Administrative Law? Administrative law is law made by or about the executive branch agencies. Here are a few examples of federal agencies and departments that make administrative law: • the Environmental Protection Agency • the Federal Communications Commission • the Securities and Exchange Commission Page 7 of 108 . the President (at the federal level) or the governor (at the state level).
Page 8 of 108 . Statutes that authorize agencies to make law are called authority statutes. executive branch agencies get their authority to make law when Congress delegates such authority to them in statutes.• the Department of Homeland Security Agency Lawmaking Authority At the federal level.
For example." Agency Lawmaking Activities Once they have statutory authority to do so.S. § 6102. most agencies and departments engage in two types of lawmaking activity: "quasiPage 9 of 108 . the statute shown at left.C. authorizes the Federal Trade Commission to "prescribe rules prohibiting deceptive telemarketing acts or practices and other abusive telemarketing acts or practices. 15 U.
and "quasi-judicial" or decisionmaking activity. Let’s look at regulations first. and look a lot like statutes. and look a lot like case law. Laws resulting from an agency's quasi-judicial activities are called decisions.legislative" or rulemaking activity. Page 10 of 108 . Laws resulting from an agency's quasi-legislative activities are called regulations.
Some regulations require activities. while regulations are made by agencies and departments of the executive branch acting under statutory authority. § 310. such as the payment of taxes.R.F. statutes often define. prohibit or require specified activities. Page 11 of 108 .4 is a regulation defining and prohibiting certain abusive telemarketing practices. Similarly.Federal Regulations 16 C. The major difference between statutes and regulations is that statutes are made by the legislature.
They create a broad legal framework and call upon an agency to fill in the details.Another difference is that authority statutes tend to be less detailed than regulations. it is extremely important to Page 12 of 108 . you might think it is sufficient to find and read just the regulations. Both regulations and statutes have the force of law. Because regulations tend to be more specific than the statutes that authorize them. In reality.
Regulatory Publications Page 13 of 108 . If the agency that made the regulations exceeded the scope of its statutory authority in making them. You can only judge the validity of regulations by reading them with the statutes that authorized them. the regulations will be invalid.find and read both the relevant statutes and the relevant regulations.
). The first official source in which federal regulations appear is a daily periodical called the Federal Register. in which the regulations are arranged by subject. Regulations are published in the Federal Register as they become final.R. The second official source of federal regulations is an annual publication called the Code of Federal Regulations (C.Regulations are published in two official sources. Page 14 of 108 .F. so they are arranged chronologically.
To understand the difference between the Federal Register and the C. The Rulemaking Process Agencies begin the rulemaking process by publishing draft or "proposed" regulations in the Federal Register and calling for public comments on those proposed regulations. it helps to understand the rulemaking process.R..F. Page 15 of 108 .
Sometimes the agency holds hearings at which interested members of the public can testify about how the proposed regulations would affect them. interested parties submit written comments like the letter shown here. the agency may revise the proposed regulation. After the initial comment period. Page 16 of 108 . publish it again.After the proposed regulation or revision is published. and call for additional comments.
revised regulation in the Federal Register. No federal regulation can become effective until it is published in its final form in the Federal Register.The cycle of notice (publication of a proposed regulation) and comment period may repeat several times before the agency publishes the final. but not an earlier one. Page 17 of 108 . The "final rule" notice in the Federal Register may specify a later effective date.
and is therefore an excellent tool for keeping up with the latest developments in federal administrative law. Also. However. it is not the best tool for finding current regulations by subject. not subject order.Codification The Federal Register is published every business day. the Federal Register contains many documents other than final Page 18 of 108 . That's because the final regulations it contains are published in chronological order.
R. federal regulations are ultimately integrated into a subject compilation called the Code of Federal Regulations (C. volume shown at Page 19 of 108 . each representing one broad topical area of federal regulation.R.F. Altogether.F.regulations. meeting notices. there are 50 numbered titles in the C. The process of compiling the regulations into a subject arrangement is called codification.. Notice that the cover of the C. including proposed regulations.F. expired regulations. and announcements. To ease the task of finding current regulations by subject.).R.
Page 20 of 108 . volume shown here contains regulations that were in effect on January 1.F. whose subject matter is "Commercial Practices.R. The C. the entire 200plus volume set is republished every year to incorporate new regulations." C. Instead. 2004. contains only regulations that were in effect on its publication date.the right is from Title 16.F.F. volumes do not have pocket parts.R.R. Each volume of the C.
Federal Administrative Decisions In addition to making regulations. regulations are also published unofficially on the Internet. and in databases.F. in loose-leaf services. Next.Besides being published in the print Federal Register and C.R.. we’ll look at adminstrative decisions. The need to issue decisions arises from Page 21 of 108 . most federal agencies also issue decisions.
This may involve holding a hearing. Unlike federal regulations. loose-leaf services. and many of these reporters are seriously out of date. To do so. other sources you might consult for its opinions include the agency's web site. many agencies levy fines for violations of their regulations. When you can't find a reporter for an agency you are researching.agencies' enforcement duties. they must first determine whether the regulations have actually been violated. and usually involves issuing a written decision that interprets the regulations. federal administrative decisions are not all published in the same official sources. Most agencies publish their own reporters. few libraries carry reporters from every agency. For example. and subscription databases such as Lexis and Westlaw. Furthermore. Administrative Law Research: A Tutorial by the Georgetown Law Library Part III: Federal Agency Web Sites Page 22 of 108 .
• how to find those web sites.In this part of the tutorial you should learn: • what types of information are available on agency web sites. Contents of Agency Web Sites Page 23 of 108 . and • some problems to look out for when using agency web sites for research.
fcc. an agency's web site will be the best place to begin your research. Finding Agency Web Sites When you already know which agency regulates the area of law you are researching.usa. USA. you could consult the Library's topical research guides or the federal government's index and search engine to agency web sites.gov to find the federal agency that has jurisdiction over the following legal problem: A partner at your law firm is annoyed. but a local coin expert later informed him that the coin was a Page 24 of 108 .gov).gov (http://www. guessing its URL is usually easy. Let's try using USA.Most federal agencies make a great deal of information available on their web sites. Her 10-year old son ordered a supposedly rare coin from an online merchant. The actual information available varies widely by agency. the URL of the Federal Communications Commission web site is http://www.gov. If you don't know which agency regulates your area of law. Often. For example. Most (but not all) agency web sites include: • regulations and authority statutes • administrative decisions • press releases • recent reports • other documents produced by the agency.
mass-produced imitation." there is a Consumer Guides link that seems relevant. Follow that link now. Is there a federal agency that could intervene? Under "Government Information by Topic. Page 25 of 108 .
Click I for the index heading "Internet Fraud." Page 26 of 108 .
Select the Internet Fraud link.
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USA.gov has led us to a complaint form at the Federal Trade Commission web site, so we now know that the FTC investigates internet fraud. Click the arrow at the bottom of the screen to continue.
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Back at USA.gov, we can also search for agencies by keyword, instead of browsing for them by topic. Type imitation coins in the search box, then press Enter or click Search.
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Page 30 of 108 .ftc.gov in their URLs. but also regulates the sale of imitation coins. It therefore seems likely that the FTC not only investigates internet fraud. as indicated by the www.Notice that many of the returned pages are FTC pages.
"Laws." Keeping our fake coin example in mind. http://www. However. Page 31 of 108 .Finding the Law on Agency Web Sites Like the contents of agency web sites. most sites seem to place regulations and authority statutes behind links with labels that include words like "Legal." "Interpretations.gov." Administrative decisions may be found behind the same links. or behind links that include words like "Enforcement.ftc. navigation of those sites varies. let's try finding administrative law on the FTC web site." or even "Litigation." "FOIA" ("Freedom of Information Act")." or "Library.
Click that link to go to the Legal Resources page. Page 32 of 108 .The FTC web site has helpfully labeled its link to statutes and regulations Legal Resources.
Follow the Statutes link by clicking it now.The Legal Resources link took us to a page that profiles the FTC's general counsel and links to two types of law: Statutes Enforced by the FTC and FTC Rules. Page 33 of 108 .
Page 34 of 108 . If we had followed the FTC Rules link instead. Click the web site's scroll bar to scroll through the list of statutes.F. The Hobby Protection Act looks pretty relevant.R.We end up at a page that lists the FTC's authorizing statutes in numeric order by their United States Code citations. We will look at GPO Access in the Part IV of this tutorial. where we could have searched the C. it would have taken us to a different web site. GPO Access. and the FTC web site provides both a citation and a link to that act. Click the arrow to continue.
Back at the FTC's front page. Page 35 of 108 . we could find administrative decisions behind the Formal Actions link. Click that link now.
We will examine other sources of administrative decisions in Part VI of this tutorial. but doesn't tell us what the opinions are about.We arrive at a page that lists recent FTC adjudicative opinions. Page 36 of 108 . This page would be most helpful if we were looking for a specific opinion we already knew about.
However.Cautions on Using Agency Web Sites An agency's web site can be an excellent place to retrieve a known document (such as a recent agency decision or a form). to get quick answers to straight-forward questions. the regulation database provided on the FDA web site is no more current than the print C.R. Some agencies are not as well funded as others and may not be able to update their sites frequently. Page 37 of 108 . or to get an overview before conducting deeper research of more complex questions.F. For example. Be sure to look for information about when any information you are relying upon was last updated. and • the site might not provide full coverage. • the regulations on the web site might not be codified. Even well-funded agencies may choose not to update often. The information on the site might not be current. you should keep in mind the following: • the agency web site might not be current. when using an agency web site.
Many agencies (including the USDA. you may have to sift through many related Federal Register notices on the web site in order to figure out what the Page 38 of 108 . Because the Federal Register publishes regulations in chronological order and not subject order. regulations page shown here) provide regulations on their sites in the form of Federal Register "final rule" notices.Regulations provided on the site might not be codified.
F.R. or selected administrative decisions.agency's current regulations look like.R. Decisions and final regulations issued earlier might still be good law.1 (2004) Page 39 of 108 . a citation to a relevant statute. citation. Types of information you might have include a C.F.F. Administrative Law Research: A Tutorial by the Georgetown Law Library Part IV: Finding Federal Regulations Methods of Finding Federal Regulations There are many methods of finding federal regulations. looks like this: 16 C. Which method you use depends on what information you have about the regulation you are seeking. Very common are sites that provide only decisions or Federal Register final rule notices issued in the last 5 or 10 years. It would probably be easier to look at the regulations in the C. or just the general subject of the regulation.R. § 304. When You Have a Regulation's Citation A citation to the C. The site may not provide full coverage.F. Some sites provide only selected statutes that they enforce.R.
942.F. however. 38. A citation to the Federal Register looks like this: 53 Fed. or Federal Register.F. or on Westlaw or Lexis. we could look up the regulation in the print C. With a citation.R. Page 40 of 108 . that the Federal Register is the only source for proposed (non-final) federal regulations and the only print source for very recent final federal regulations. Keep in mind. Reg. on page 38.942 (Oct. on a free government web site called GPO Access. 4. so this tutorial will focus on finding regulations in the C. It is usually best to look at regulations in their codified (subject arranged) form.This citation tells us that the regulation cited is section 1 of part 304 of title 16 of the 2004 edition of the Code of Federal Regulations. which is in the October 4. 1988 issue.R. 1988) This citation tells us that the regulation appears in volume 53 of the Federal Register.
: In the Georgetown Law Library. You can request earlier editions at the Circulation Desk.R. For example.F. the current print C.F. is available on the 4th floor and in the Reading Room of the Williams Library.Looking up a regulation in the print C.R. Browse the volume spines for the volume that covers your title and part. the spine shown here contains parts 0 to Page 41 of 108 .
R. it is usually better to use the e-CFR. This version is very up-to-date. The other version.1.R.R. and should therefore include 16 C.F.F. offers HTML versions of federal regulations. and thus provides the "official" version of federal regulations.999 of title 16. One version provides PDF images of print pages. Because it is more current. Looking up the regulation on GPO Access: Be aware that GPO Access (http://www. called the e-CFR.F. which is in part 304 of that title. but unofficial. This version is no more up-to-date than the print C. § 304.gov) offers two versions of the C. Let's try that now.gpoaccess. Page 42 of 108 .
Follow the Code of Federal Regulations link. Page 43 of 108 .
F.F. click e-CFR.From this page we could search or browse the current "official" version of the C. Instead. Page 44 of 108 .R.. for most purposes we would rather look at the most current version of the C. However.R. even if it is unofficial. each title of which is only updated once per year..
You would then select your title (Title 16) from the menu and click "Go.This takes us to the very current e-CFR." Click Go now. Page 45 of 108 .
304.1.From here we just browse for the correct part and section number. Page 46 of 108 . Click 0-999 now.
Page 47 of 108 .Click 304.
§ 2101.S. or Federal Register database.C.R.R.F.This takes us to a screen containing all the regulations from Title 16. Notice the authority statement. which tells us these regulations were authorized by 15 U. Using Find or Get a Document when you have a citation to the C.R.F. Part 304 of the C. Looking up the regulation on Westlaw or Lexis: Remember that both Lexis and Westlaw offer services that pull up a document by its citation. On Lexis this service is called Get a Document. on Westlaw it is called Find. Page 48 of 108 .F. or Federal Register is more efficient than searching the full C.
At Lexis's "Get a Document" screen.1 in the “Get by Citation box” and press Enter or click Get. type 16 cfr 304. Page 49 of 108 .
F.1. Page 50 of 108 .Great! We retrieved 16 C. Now let's try Westlaw.R. § 304.
type 16 cfr 304. Page 51 of 108 .1 in the "Find by Citation" box and press Enter or click Go.At Westlaw's law school tab.
R. If you are already at a point in the research process where you have found a relevant statute. you may be able to use that statute's citation to help you find relevant regulations.F. When You Have a Statute Citation As you learned in Part II of this tutorial. citation. Page 52 of 108 .Good! Now you know how to retrieve a regulation by its C. agencies' authority to make regulations comes primarily from statutes.
then click the Administrative Code link for a list of related regulations.C. • pull up the statute on Westlaw. Page 53 of 108 . including these: • use the Parallel Table of Authorities and Rules in the print C.There are numerous methods of looking up regulations using a statute citation.R. § 2101.F.S. then click the Code of Federal Regulations link for a list of related regulations. First. assume that you have already found the statute 15 U. In the following example (which is based on the "fake coin" scenario introduced earlier). Index and Finding Aids volume or on GPO Access. or • pull up the statute on Lexis. let's look at the Parallel Table of Authorities and Rules on GPO Access. which deals with marking requirements for imitation coins.
Click the Code of Federal Regulations link. Page 54 of 108 .
Now click the About the CFR link. Page 55 of 108 .
Follow the link to the Parallel Table of Authorities in PDF (near the bottom of the page). Page 56 of 108 .
F. title 16 and part 304) to which the the table refers. § 2101) and note the C.S.C. Page 57 of 108 . title and part(s) (here.R.Finally. 15 U. browse for your statute's citation (in this example.
Page 58 of 108 .C. § 2101 using Lexis's "Get a Document.Now let’s look at the statute on Lexis. Assume we retrieved 15 U.S." now click Code of Federal Regulations in the Practitioner's Toolbox.
Lexis refers us to 16 C.R. Page 59 of 108 . Part 304.F.
Assume we have retrieved 15 U. let’s look at the statute on Westlaw. we scroll down in the left-hand column. Links for 15 USCA § 2101.C. Click the scroll bar.S.Now. Next. Page 60 of 108 . § 2101 using Find.
Next. Page 61 of 108 . click Administrative Code.
R.Westlaw. Page 62 of 108 . Part 304. like Lexis. refers us to 16 C.F. and even provides links to individual sections.
Page 63 of 108 . it is also possible to search either Lexis's or Westlaw's CFR database by statute citation. do a terms and connectors search using the Authority segment.) Let's try such a search on Westlaw. On Lexis.In addition. on Westlaw. do a terms and connectors search using the CR field. (CR stands for Credit.
type cfr in the "Search for a database" box. then press Enter or click Go. Page 64 of 108 .From the Westlaw law school tab.
s. then press Enter or click Search Westlaw. Page 65 of 108 .Type cr("15 u.c" /s 2101) in the search box.
§ 2101.C. Part 304.R. including those in 16 C.F. Page 66 of 108 .This search retrieved several regulations authorized by 15 U.S.
search screen. then press Enter or click Search. /s 2101). Page 67 of 108 .Now let’s try it on Lexis.F.s.c.R. type authority(15 u. At Lexis's C.
Lexis retrieves many regulations authorized by the statute.R. Part 304.Like Westlaw. Now you know how to find regulations when you already have a citation to a relevant statute.F. including those in 16 C. Page 68 of 108 .
R.Administrative Law Research: A Tutorial by the Georgetown Law Library Part V: Updating Federal Regulations In this part of the tutorial you should learn how to update federal regulations using • • • • GPO Access. and an unofficial version entirely in HTML. Regardless of which version of the C. You should also be aware that even the electronic versions of the C. The official. is only updated once per year. you will need to update the regulations you find.F.R.gov. Page 69 of 108 . on GPO Access: an official version that provides PDF images. This is because new regulations become effective each business day with the publication of a new issue of the Federal Register. Updating Federal Regulations on GPO Access Recall that there are two versions of the C.R. PDF version of the C.F. The Necessity of Updating Regulations This tutorial has already pointed out that each title of the print C.R. are not necessarily updated as soon as new regulations become effective. and Regulations. Westlaw.F.F.R.F. Lexis. you use for your research.
Page 70 of 108 .F. If you choose to begin your research in the official C. Imagine that you are updating the regulation on February 26. one way to update the regulations you find is to look them up in the unofficial e-CFR.R. those in 16 C.the day this lesson was written. then further update them using the Federal Register.. This makes sense when you consider that the PDF images are generated by taking photographs of pages from the print C.gov/cfr/ is no more current than the print version.gpoaccess. whether in print or on GPO Access. available at http://www.F. Part 304.gov/ecfr.R.gpoaccess.available at http://www. Let's try using this method to update the regulations related to our fake coin scenario.R. 2007 .F.
R. 26.Here is 16 C. Notice that near the top of the screen a message tells us that the information in the e-CFR is only current through Feb.F. Part 304 as it appeared in the e-CFR on Feb. Because new regulations and amendments can become effective as soon as they appear in the Federal Register. so you could browse for Page 71 of 108 . 2007. and because the Federal Register is published every business day. it is possible that the regulations have changed between Feb. The Federal Register's table of contents lists materials by agency and subject matter. 22 and Feb. 22. A simple way to find out whether the regulations have changed between February 22 and February 26 would be to browse the table of contents for each Federal Register issue published during that period. for purposes of this tutorial). 26 (today. 2007.
Click that link now. Page 72 of 108 . Notice that every page of the e-CFR site includes a link to the Federal Register.notices from the Federal Trade Commission (which regulates imitation coins).
scroll down to the Browse the Table of Contents from back issues menu and make sure the current year (2007) is selected. Page 73 of 108 .From the Federal Register page. then click the Go button or press Enter.
Part 304. The most recent issue is at the top of the list. Notice that there have been only two issues published after February 22. click on Friday. February 23. with older issues listed after it. 2007. We would need to check both issues for new FTC regulations or amendments affecting 16 C.F.R. Page 74 of 108 .A list of recent Federal Register issues appears. From the list of issues.
because more than one issue could Page 75 of 108 . You must check every issue published since the date of the last e-CFR update.We are now looking at the Table of Contents from the Feb. Note that even though we found changes in the February 23 issue of the Federal Register. 2007 issue of the Federal Register. It turns out they have issued a rule amendment related to the labeling of imitation coins! In real life we could look at the full text of this amendment by following the appropriate "Text" or "PDF" link. we would still have to check the February 26 issue. but we won't bother right now. We have scrolled down to the entries from the Federal Trade Commission. 23. in real life we couldn't stop our updating there.
while a yellow flag indicates proposed (but not final) new regulations or amendments.gov (covered in another section of this tutorial) or the agency's web site as well. Page 76 of 108 . Assume that we are updating the regulation on February 26. When you have retrieved a regulation either by searching the CFR database or by using Westlaw's Find service. KeyCite is not as good at indicating proposed changes to a regulation as it is at indicating final changes. it may be a few days out of date. Westlaw provides one of the easiest methods of updating regulations. Updating Federal Regulations on Westlaw When you pull up a federal regulation on Westlaw. you may want to consult Regulations. 2007 (the day this lesson was written). A red flag indicates a new regulation or amendments to the old regulation.contain additional changes. so if you need to find all proposed changes to a regulation. Let's try updating our imitation coin labeling regulation now. Luckily. Usually there will only be two or three issues to check. look for KeyCite red or yellow flags. Now you know how to update federal regulations using the eCFR and Federal Register on GPO Access.
" meaning the flag is due to a new regulation or an amendment to this regulation. § 304. Notice the KeyCite red flag at the top of the screen.1.Here is 16 C. In the left column of the screen. Page 77 of 108 . or if it had been abrogated by an act of Congress.F.R. the flag is accompanied by the phrase "Regulatory Action. KeyCite would also show us a red flag if the regulation had been declared unconstitutional by a federal court.
that the changes to this section must appear in an issue published after February 22. Westlaw tells us how current the CFR database is.Near the bottom of the section. 2007. As of February 26. 2007 issue of the Federal Register. Page 78 of 108 . it was current through the February 22. We know. therefore.
click the red flag in the left column. Page 79 of 108 .To see the Federal Register notice for the final rule that amends this section.
304. and provides a link to that document in the Federal Register so you could easily look it up.F. Those are the essentials of updating federal regulations on Westlaw.R. Page 80 of 108 .1. we would probably see a yellow flag with the phrase "Proposed Regulations" in the left column.KeyCite references one updating document. If there were a pending rule proposal that might amend 16 C.
Updating Federal Regulations on Lexis When you pull up a federal regulation on Lexis. Part 304. when you pull up a regulation on Lexis. Let's try updating 16 C. You therefore need to update it. Regulations can be Shepardized. it may be a few days out of date. 2007 (the day this lesson was written).R. Page 81 of 108 . which we have already determined applies to our hypothetical fact pattern. Instead. Assume we are updating the regulation on February 26. you should look for a "Retrieve Regulatory Impact" link near the top left corner of its screen. Shepardizing a regulation will not tell you whether the regulation has recently been amended or revoked.F. but this will only provide you with a list of documents such as cases or law review articles that have cited the regulations.
click the Retrieve Regulatory Impact link.First. Page 82 of 108 .
Reg. 8165. Page 83 of 108 . It links to the FTC's final rule notice.The Regulatory Impact screen appears. Follow that link now. which appeared at 72 Fed.
however. Part 304. The Need to Find Proposed Regulations Often when you do administrative law research you will want to know what the regulations say right now.Lexis retrieves the only relevant document. a final rule notice from the FTC regarding amendments to 16 C. you will need to be able to advise a client about what the regulations are likely to say Page 84 of 108 . Sometimes.F. or what they said at some point in the past. You are now familiar with the basics of updating regulations on Lexis.R.
16 C. and comment on proposed regulations and other actions of federal agencies. proposed regulations and amendments are published in the Federal Register. For the purposes of this tutorial.gov (http://www.gov. As you may recall from Part II of this tutorial.in the near future. you must look not only for current regulations.gov Regulations.gov).gov is a free federal government web site where you can find. Part 304. Page 85 of 108 . An easy and free tool for finding proposed regulations is Regulations. Regulations. We will try looking for proposed amendments to the Federal Trade Commission's regulation relating to the labeling of imitation coins. but also for agency proposals that might change the current regulations. it is sufficient that you learn to find and view proposed regulations on Regulations.F.R. view.regulations. This is because clients often need legal advice in order to plan their future activities. When your goal is to advise your clients about future actions.
R.gov.F. Part 304. the basic search option is a keyword search of all the documents available here. Page 86 of 108 . Click the horizontal scroll bar at the bottom of the screen to look for more search options. We only want to find out if there are any proposed regulations pending that will affect 16 C. so we will do a more targeted search.On Regulations.
Page 87 of 108 .Follow the "Advanced Document Search" select here link.
The Advanced Documents Search page opens. since we are looking for proposed regulations that would affect part 304. Choose Title 16 from the CFR "All Titles" menu. then press Enter on your keyboard. Type 304 in the CFR Citation box. Page 88 of 108 .
Part 304. Page 89 of 108 . Click the arrow at the bottom of the screen to continue.We find no proposed regulations. That's all it takes to find proposed regulations using Regulations.R. because there are none which would affect 16 C.F.gov.
when the agency denies someone a license). and official agency reporters. loose-leaf services. Finding federal agency decisions can be trickier than finding regulations. commercial databases. including: • • • • agency web sites. or when the agency levies a fine.Administrative Law Research: A Tutorial by the Georgetown Law Library Part VI: Finding Agency Decisions Overview of Federal Agency Decisions You may recall from part II of this tutorial that federal agencies sometimes issue decisions interpreting their own regulations and the statutes authorizing those regulations. Page 90 of 108 . Each agency follows its own practices and procedures on how it makes its decisions available to the public..g. This is because there is no comprehensive or standardized system of publication for agency decisions. This part of the tutorial will therefore focus on identifying sources of agency decisions. Often this happens in the context of a licensing proceeding (e. and there is no one place where all such decisions are located.
Let’s look at Lexis first. USA.gov. Commercial Databases When you have access to them and can afford to search them.gov is also a good tool for finding agencies' web sites. Although an agency web site usually provides at least some of the agency's decisions.Agency Web Sites The easiest way to identify which agency regulates the area of law you are researching is to use the federal government search engine and index USA. but we will look at them first. it is often better to look elsewhere.gov were discussed in part III of this tutorial. Commercial databases usually have better search capabilities and more complete coverage of decisions. so we won't cover them again here. Let's try that now. The best way to find agency decision databases on Lexis and Westlaw is to browse the databases by area of law. Federal Agency Web Sites. Methods of searching USA. Lexis and Westlaw are not the only commercial databases that offer agency decisions. web sites vary in dates of coverage and in searchability. keeping in mind our fake coin scenario. When you don't have a citation to a specific agency decision. commercial databases are often a better option for finding agency decisions than the agencies' web sites. Page 91 of 108 .
click on Area of Law by Topic.From Lexis's sources screen. Page 92 of 108 .
Click on Antitrust & Trade.Decisions of the Federal Trade Commission can be found under Antitrust & Trade. Page 93 of 108 .
The database Federal Trade Commission Decisions appears under "Antitrust & Trade Administrative Materials & Regulations." Click on the i button next to the name of this database. Page 94 of 108 .
let’s look for FTC decisions on Westlaw. In contrast.A pop-up window opens that tells us about the contents of the database. the FTC web site only has decisions back to about 1995. This database contains FTC decisions from 1949 to the present. Page 95 of 108 . Next.
Page 96 of 108 .From the Westlaw welcome screen. click Directory.
click Topical Practice Areas. Page 97 of 108 .From Westlaw's Directory screen.
Page 98 of 108 . click Antitrust & Trade Regulation.Since consumer protection is an area of trade regulation.
click Federal Adminstrative Materials.Next. Page 99 of 108 .
Page 100 of 108 . this one includes decisions dating back to 1949. Like Lexis's FTC decisions database.Here we find a database of FTC decisions.
regulations. Now. most loose-leaf publishers offer subscription databases that are equivalent to their print offerings. loose-leaf services have been moving online for the last several years. Like most other legal publications.Most other commercial databases that include agency decisions are based on print research tools called loose-leaf services. Like the print versions. and agency decisions. such as trade regulation or tax law. these databases are excellent sources of agency decisions. The next part of this lesson discusses loose-leaf services. Its loose-leaf services come in large black binders. Probably the largest publisher of legal loose-leaf services is a company called CCH. case law. including their online equivalents. Page 101 of 108 . The primary sources in a loose-leaf service generally include statutes. Loose-leaf Services & Electronic Equivalents Loose-leaf services are print publications that provide both secondary and primary source materials about a single legal subject. These print services are updated very frequently (generally at least once every two weeks) by the replacement of old pages with new ones.
it is a good idea to look for a service by topic. Page 102 of 108 .Identifying Relevant Loose-leaf Services So how do you know which services include decisions from the agency whose regulations you are researching? As with identifying relevant Lexis and Westlaw databases. Legal Looseleafs in Print. The best tool for identifying loose-leaf services by topic is an annual publication available in most law libraries.
Looking under Trade Regulation in Legal Looseleafs in Print, we find a list of several relevant services, including one by CCH: Trade Regulation Reports. We are referred to page 203 for more information about this CCH service.
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The description of Trade Regulation Reports tells us that it is available in CD-ROM and Internet versions. A URL is provided for the Internet version. Keep in mind that although this service is available on the Internet, it is not free.
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To find out whether the service is available in our library, we could search the Library's catalog (http://gull.georgetown.edu) by title. Georgetown subscribes to the Trade Regulation Reporter (also known as Trade Regulation Reports) in both print and electronic formats.
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Official Agency Reporters What if you wanted an official version of an agency decision? How could you determine whether your library owned the agency's official reporter? Assuming you didn't know the name of the official reporter.) Page 106 of 108 . (In our scenario. the agency name would be Federal Trade Commission. you could do a keyword search in the Library's catalog for agency name and decisions.
then press Enter on your keyboard. Follow that link. The first item listed. looks relevant. Page 107 of 108 .Type Federal Trade Commission decisions in the first search box. Federal Trade Commission Decisions.
This concludes Administrative Law Research: A Tutorial by the Georgetown Law Library.S. Page 108 of 108 .The fact that the catalog record lists the U. Government Printing Office as the publisher is a good indication that this is the official FTC reporter.