Administrative

Law Research

Administrative Law Research

Administrative law is the law concerning the powers and procedures of administrative agencies -said Kenneth Culp Davis in his “Administrative Law Treatise”-, including especially the law governing judicial review of administrative action.

Administrative law research comprises three distinct but related activities: research into substantive administrative law and the underlying powers and procedures of administrative agencies; research into the regulatory activities and actions of administrative agencies including their rules and regulations, decisions, reports and other publications and pronouncements; and, research into the activities and issuances of the President. Administrative agencies act in a legislative-like capacity when promulgating rules and regulations.

The entire process of administrative agency rulemaking from the initial notice of agency interest to the promulgation of a final rule is documented in the Federal Register publication system, two major components of which are the Federal Register and the Code of Federal Regulations. Administrative agencies act in a judicial-like capacity when conducting hearings and issuing rulings and decisions on particular matters. Agency regulations, rulings, decisions and other documents are distributed by a number of public and private means including publication on agency websites, in commercial databases, in official reporters, and in commercial publications such as looseleafs. The U.S. Constitution, Article II, Section 1 vests executive powers in the President who exercises this power through various instruments including Executive Orders, Proclamations and other Presidential documents.

Contents

Substantive Administrative Law

The Federal Register

Locating the Federal Register:

  • The Federal Register in pdf format
  • The Federal Register on LexisNexis & Westlaw
  • The Federal Register in the Library
  • Federal Register Index and Daily Table of Contents

Finding Documents Published in the Federal Register:

  • when you have a Federal Register citation
  • when you have a topic or keyword

The Code of Federal Regulations

Locating the CFR:

  • The CFR in pdf and plain text formats
  • The CFR on LexisNexis & Westlaw
  • The CFR in the Library
  • CFR Index and Finding Aids
  • List of CFR Sections Affected

Finding Rules & Regulations in the CFR:

  • when you have a CFR citation
  • when you have a topic or keyword
  • when you have a statute or Presidential document

Administrative Decisions & Other Agency Actions

Executive Orders, Proclamations & Other Presidential Documents

  • Executive Orders & Proclamations
  • Public Papers of the President
  • The White House

Updating & Validating Administrative Materials

Updating & Validating the CFR:

  • Check for Amendments and Proposed Amendments in the LSA
  • Check for Amendments and Proposed Amendments in the Federal Register
  • Shepard’s and KeyCite

Updating & Validating Agency Decisions

Citing Administrative & Executive Materials

Sources of Information on Administrative Agencies

  • U.S. Government Manual
  • Agency Websites
  • Directories

Guides to Administrative Law Research

(see below)

Guides to Administrative Law Research

  • Finding the Law by Robert C. Berring, Elizabeth A. Edinger (12th ed. 2005), chapter 8: Administrative and Executive Publications (Desk KF 240 .C5382 2005x)
  • Fundamentals of Legal Research by J. Myron Jacobstein, Roy M. Mersky, Donald J. Dunn (8th ed. 2002), chapter 13: Administrative Law (KF 240 .J32 2002x)
  • How To Find The Law by Morris L. Cohen, Robert C. Berring, Kent C. Olson (9th ed. 1989), chapter 8: Administrative and Executive Publications (KF 240 .C538 1989)
  • Legal Research in a Nutshell by Morris L. Cohen, Kent C. Olson (8th ed. 2003), chapter 7: Administrative Law (KF 240 .C54 2003x)
  • Specialized Legal Research by Leah F. Chanin, general editor (KF 240 .S63x 1987) (looseleaf)
  • A Research Guide to the Federal Register and the Code of Federal Regulations by Richard J. McKinney (Law Librarians’ Society of Washington, D.C.)