GENESIS NEW DEAL

1
INTRODUCTION

• GENESIS - NEW DEAL
• U.S. v. Smith, 293 U.S. 633 (1934)
• Panama Refining Co. v. Ryan, 293 U.S. 388 (1935)
• Resulted in
• 1. Federal Register Act, Ch. 417, 49 Stat. 500
  (1935)
• A Chronological arrangement
• 2. CFR was first published in 1939, 50 Stat 304
  (1937)
• Arrangement by agency
• 3. Administrative Procedure Act, Ch. 324, 60
  Stat. 237 (1946)

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The Research Process

• Getting the big picture.
• Finding the controlling statute and regulation.
• Making sure your regulation is still current.

3
Federal Regulation Location Methods

• Do you have the enabling legislation? If so, use
  the following method
• Go to the annual C.F.R. Index and Finding Aids
  Volume and locate the parallel tables of
  authorities.

4

• If you do not have the enabling legislation you
  can use
• 1. The Descriptive Word Method
• 2. Topic Method
• 3. Agency Method
• Or use GPO Access, Agency websites, WestLaw or
  Lexis to locate regulations

5
Publication Process for Administrative
Regulations

• Federal Register (Fed. Reg.)
• Chronological Arrangement
• Code of Federal Regulations (C.F.R.)
• Subject Arrangement

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• The Fifty Titles in C.F.R. do not correspond to
  the Titles in the U.S.C.
• Titles are divided in to Chapters and then into
  Parts. Parts are further divided into Sections.
  
• To find a Section you would need to know its
  Title,Part and Section number.

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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
• Purpose -- to ensure that citizens are informed
  and have an opportunity to comment on rules which
  affect them

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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 action, including the
agencys response to comments. This is usually
the only traceable history of 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, 2001
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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 2000 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

19
Updating

• The C.F.R. is updated once a year in four
  separate installments.
• Because a new set of C.F.R. volumes is published
  annually C.F.R. is not updated with pocket
  parts.
• Instead, new or amended regulations are
  published in the Federal Register.

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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
• Check latest issue of List of C.F.R. Sections
  Affected (LSA) Note coverage

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Title Page
L S A List of CFR Sections Affected
code of federal regulations
July 2001 Title 1 - 16 Changes
January 2, 2001 through July 30, 2001 Title 17 -
27 Changes April 1, 2001 through July 30,
2001 Title 28 - 41 Changes July 1, 2000 through
July 30, 2001 Title 42 - 50 Changes October 1,
2000 through July 30, 2001
LSA cumulates the changes since each CFR title
was last republished.
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Steps for Updating Regulations

• Find CFR section
• Note date of CFR Revision
• Check latest issue of List of C.F.R. Sections
  Affected (LSA) Note coverage
• CFR Parts Affected During Month in Federal
  Register

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Steps for Updating Regulations

• Find CFR section
• Note date of CFR Revision
• Check latest issue of List of C.F.R. Sections
  Affected (LSA) Note coverage
• Check Last months and Current List of C.F.R.
  Parts Affected online

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Steps for Updating Regulations cont.

• Use GPO Access CFR
• (Government web site - - its free!)
• Use Lexis or Westlaw Shepards or KeyCite/
• Congressional Universe
• Agency Websites (Free)
• USE A CITATOR (KeyCite or Shepards) to make sure
  that no court rulings affect the regulation.
  Citate both the enabling legislation and the
  regulation.

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Update Beyond the LSA

• In GPO Access, search the Federal Register
  electronically to update beyond the LSA.
• Contact the agency for additional information on
  recent or proposed regulatory changes.

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State Administrative Regulation Sources

• Hardcopy
• Official - every state has a code
• All are updated with Registers
• Online
• LEXIS 34 state codes
• 18 registers
• WESTLAW 26 state codes
• 3 registers
• LOIS 13 codes (exclusive site for Ark. Admin.
  Code)

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Web access to State Administrative Law

• National Association of Secretaries of State
• http//www.nass.org/acr/internet.html
• Listing of all currently available codes and
  registers
• These are free and often very up-to-date

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Missouri State Regulations

• Hardcopy (a looseleaf publication put out by the
  Secretary of State)
• Web http//www.state.mo.us
• LOISLaw

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AGENCY DECISIONS

• INTRODUCTION
• Agencies also determine matters dealing
• with specific parties
• Decision-making processes vary greatly from
• agency to agency
• Issue a wide variety of documents varying
• degrees of authority
• e.g. Internal Revenue Service
• Regulations, Revenue Rulings
• Private Letter Rulings

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Agency Decisions may be published in

• Official Reporters over 2 dozen agencies
  publish
• (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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AGENCY DECISIONS

• PUBLICATION - UNOFFICIAL CONTINUED
• ONLINE PUBLICATIONS
• WESTLAW - more than 75 boards,
• agencies departments
• LEXIS - FEDAGN ABOUT 60
• Web based - growing due to the Electronic
• Freedom of Information Act
• Amendments of 1996
• BEST WEB SITE http//www.lib.lsu.edu/gov/fedgov.ht
  ml
• FOR DECSIONS ONLY http//www.law.virginia.edu/adm
  indec

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Shepardizing Agency Decisions

• United States Administrative Citations
• Topical Shepards Citators
• Shepards Labor Citations
• Shepards Tax Citations
• Westlaw and Lexis

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Summary

• To update in print
• Look up the regulation in the most recent LSA for
  page numbers in the Federal Register reflecting
  changes to the regulation.
• Use the table in the back of the LSA to find the
  date of the Federal Register issue containing the
  change.
• Read the material in the Federal Register to see
  how it affects the regulation.
• To update in GPO Access, use the electronic
  versions of the LSA and Federal Register.