PowerPoint slideshow - Gallagher Law Library

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Finding the Law:
Administrative Law & Secondary
Sources in PRINT
Ann Hemmens
University of Washington Law Library
Introduction to Environmental Law & Process (SMA 476)
October 2, 2008
U.S. - A Highly Regulated Society
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Banking (FDIC, OCC)
Environment (EPA)
Health (HCFA, FDA)
Labor Law (NLRB, OSHA)
Tax (IRS)
Securities (SEC)
U.S. Legal System
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Federalism
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two levels of government (federal and
state)
Separation of powers
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ensure that none of 3 branches of
government usurps powers of other
branches
Primary & Secondary Authority
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Primary
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Statement of "the law" from bodies with
law-making authority
Secondary
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Explain, interpret, and help you locate the
primary law
Includes: Treatises, Hornbooks, law review
articles, legal encyclopedias, Restatements,
Nutshells etc.
Organization of Federal & State
Governments
Constitution
Legislative
Judicial
Executive
Statutes
Cases
Regulations
Administrative Decisions
Stat., USC
RCW
US, Fed 3d
P3d, Wash.
FR, CFR
WAC
How do Sources of Law Interact?
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Court interprets a statute
An earlier court decision is overruled by
same court
Statute held unconstitutional by a court
Legislature writes statute in response to
a case
Agency proposed rules in response to
statute.
Examples of Legal Citations
(in Bluebook format)
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Federal Statute
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Endangered Species Act
Pub.L.No. 93-205
 87 Stat. 884 link
 16 U.S.C. § 1531 et seq. (2000)
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16 U.S.C. § 1538 Prohibited Acts link
Examples of Legal Citations
(in Bluebook format)
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Federal Regulations
Importation, Transportation and
Exportation of Wildlife,
50 C.F.R. Part 14 (2004) link
 50 C.F.R. § 14.17 (2004): “Personally
Owned Pet Birds” link
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More Legal Citations
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Federal Cases
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Tennessee Valley Authority v. Hill, 437
U.S. 153, 98 S.Ct. 2279, 57 L.Ed.2d 117
(1978). link
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Only need U.S. cite (ignore parallel cites)
San Carlos Apache Tribe v. U.S., 272
F.Supp.2d 860 (D.Ariz. 2003).
How to use The Bluebook ?
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The Bluebook: A Uniform System of Citation (KF245 .U5 2005 18th ed.
in Reference Area)
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Introduction to Basic Legal Citation (LII 2006 ed.), by Peter W. Martin
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(http://www.law.cornell.edu/citation/)
Bluebook entry in Wikipedia (http://en.wikipedia.org/wiki/Bluebook)
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User’s Guide to the Bluebook, by Alan Dworsky (KF245 .D853 2006 Ref Area)
Cite Right, by Charles Lipson (PN171.F56 L5 2006 Ref Area)
Doing Honest Work in College, by Charles Lipson (PN171 .F56 L56 2004 Ref
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Citing & Typing the Law, by C.Edward Good (KF245 .G66 1997 Ref Area).
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Area)
Legal Writing and Research: A Selected Annotated Bibliography
(http://library.lawschool.cornell.edu/WhatWeDo/HelpStudents/Research-andWriting-Aids.cfm)
In Legal Research, You Need to Know:
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What type of law governs this issue?
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Which jurisdiction?
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statutes? regulations? cases?
federal or state or both?
Have you updated your research?
Administrative Law
What is it? Rules, regulations, and decisions
created by administrative agencies (at federal & state
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level).
Which agency covers a specific subject area?
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U.S. Government Manual
(http://www.gpoaccess.gov/gmanual/index.html)
Procedural Standards? YES! See, Administrative
Procedure Act (APA) (5 USC §551 et seq.).
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1)
2)
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Notice of proposed rule
Comment period
Final rule & response to comments
Agency Authorization by Statute
The Secretary shall by regulation . . . Determine
whether any species is an endangered species or
a threatened species because of . . .
(A)
the present or threatened destruction, modification, or
curtailment of its habitat or range;
(B)
overutilization for commercial, recreational, scientific, or
educational purposes;
(C)
disease or predation . . . .
……
(b)(3)(c)(iii) The Secretary shall implement a system to
monitor effectively the status of all species with
respect to which a finding is made under …
16 USC § 1533
Background of Rule? –
Congressional Findings
16 U.S.C. § 1531: Congressional findings and
declarations of purposes and policy
The Congress finds and declares that –
(a)(1) Various species of fish, wildlife, and plants in the
U.S. have been rendered extinct as a consequence
of economic growth and development untempered
by adequate concern and conservation…
…
(b) The purposes of this chapter are to provide a means
whereby the ecosystems upon which endangered
species … may be conserved …
Code of Federal Regulations (CFR)
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Rules &
regulations in
force
Published
annually
Index & finding
tables
Federal Register (FR)
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Daily
Proposed regs
New regs
Presidential
documents
 Executive orders
 Proclamations
How to Find Regulations?
Using the CFR
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INDEX to Code of Federal Regulations
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At end of set of CFR volumes
“CFR Index” volume of the US Code Service
(USCS)
“West's CFR: General Index” (KF70 A34)
“Parallel Table of Authorities &
Rules”
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found in CFR Index volume
also called “statute-to-regulation table”
Example: 16 USC 1533 (Endangered Species
Act) – to - 50 CFR Part 17 (regulations
implementing Act)
How to Find Regulations?
Using the FR
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INDEX to Federal Register
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Annotated Codes
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United States Code Annotated (USCA)
United States Code Service (USCS)
How to Find Regulations?
Using Secondary Sources
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Treatises & Hornbooks
Legal Encyclopedias (AmJur & CJS)
Law Reviews
Annotations (ALR Fed)
Government Documents
Books (search law library catalog)
Updating Regulations
CFR
Date on cover
Federal Register
Each daily issue from
end of last month to today
List of Sections
Affected (LSA)
Most recent monthly issue
Federal Register
Last day of prior month
Administrative Decisions
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Where are they
published?
For list of publications
see, Cohen, Berring &
Olson, How to Find
the Law, Appendix D
(KF240 .H64 1989 at Reference
Office)
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websites
Sample Search for a Regulation &
Updating a Regulation
Updating Regulations (4 steps):
Any changes to 50 CFR § 17.95?
1)
CFR volume (date on front cover of
volume is October 1, 2007)[I need to
update from that day to today]
2)
List of Sections Affected (LSA)
(Most recent monthly issue of LSA =
July 2008)[includes changes from October 1,
2007– July 31, 2008 for Title 50 of CFR]
Updating Regulations: cont’d
Federal Register (pull last issue from prior
month if the date is different than the LSA)
3)
1)
2)
Check the “CFR PARTS AFFECTED DURING....”
TABLE at END of volume.
If any changes have been made, you’ll find a
reference to a FR page number you must review.
Federal Register (most recent date of
current month)
4)
1)
2)
Check the “CFR PARTS AFFECTED DURING...”
TABLE at END of volume.
If any changes have been made, you’ll find a
reference to a FR page number you must review.
Looking for Resources ABOUT our law:
Finding Secondary Sources
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The law we are researching: Marine
Mammal Protection Act (MMPA)
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What is the US Code citation for it?
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What regulations (CFR) are related to it?
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Use Popular Names Table
USCS or USCA
Any encyclopedia entries explaining it?
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AmJur or CJS
Secondary Sources – cont’d
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Any ALR “articles/annotations” about
MMPA?
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Any law review articles on MMPA?
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Use reference from USCS or ALR Index
Use reference from USCS or index (LegalTrac),
http://www.lib.washington.edu/subject/Law/
Any Treatises or Hornbooks or books about
MMPA in the Law Library?
Thanks for Listening
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Need Help? Ask a Librarian!
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Gallagher Law Library Reference Office
(543-6794, [email protected])
Brief tour the Law Library