1. Jennifer Allison Reference Librarian Journal of the National Association of Administrative Law Judiciary Pepperdine University School of Law Harnish Law Library

2. Administrative Law Overview Administrative Law Publications Decisions of the Administrative Judiciary Tips for Finding Sources Practical Matters

3. What is Administrative Law? Administrative law in the promulgation and enforcement of regulations by executive agencies: 1. The Executive Branch creates an agency. 2. The agency is authorized to regulate. 3. The agency creates and enforces regulations.

4. How is an agency authorized to regulate? One of two ways: 1. Congress enacts a statute (enabling act) OR 2. The President issues an Executive Order.

5. How does an agency regulate? The agency promulgates regulations through notice and comment rulemaking: 1. The agency publishes notice of proposed regulation. 2. The agency holds public hearings and collects comments. 3. Based on this feedback, the agency creates the final regulation.

6. How are regulations enforced? In general, an agency has its own judiciary. In an administrative judicial proceeding, there is a hearing before an administrative law judge (ALJ), who issues a ruling in the case.

8. Regulatory Documents Documents related to federal regulation are published in the Federal Register and the Code of Federal Regulations.

9. Regulatory Documents All federal agencies are required to publish detailed information about their regulatory activities in the Federal Register. This daily publication includes new and proposed regulations, as well as agency notices.

10. Regulatory Documents Each year, all federal regulations are “codified” in the Code of Federal Regulations (CFR). The CFR is organized by subject (50 titles, with parts and subparts) and compiled yearly.

11. Regulatory Documents: Publication Process 1. Agency publishes notice of intention to regulate in Federal Register. 2. Agency completes rulemaking process after receiving public comments. 3. Agency publishes final regulation in Federal Register. 4. Government codifies all regulations in force in CFR.

12. Regulatory Documents The CFR also publishes presidential Executive Orders. The President issues Executive Orders to direct federal agencies to regulate. These are compiled yearly in CFR Title 3.

13. Location of Regulatory Documents The law library has every title of the current CFR and the most recent few months of the Federal Register in print. Hein Online has full coverage of the CFR and the Federal Register, in PDF page image format.

14. Location of Regulatory Documents Both the Federal Register and the CFR are available in LexisNexis (Federal Legal – U.S.) and Westlaw (U.S. Federal Materials – Administrative Rules & Regulations). They are also available on free government websites, including GPO FDSYS (http://www.gpo.gov/fdsys/).

15. Citation of Regulatory Documents See Bluebook Rule 14. Cite to the most recent edition of the Federal Register for notice of regulation. Final version of regulation: Re-Establishment of the Medical Imaging Drugs Advisory Committee, 76 Fed. Reg. 45402 (July 29, 2011) (to be codified at 21 C.F.R. pt. 14).

16. Citation of Regulatory Documents See Bluebook Rule 14. Cite to the most recent edition of the CFR for codified regulations. Codified regulation: HUD Equal Employment Opportunity Policy, 24 C.F.R. § 7.1 (2011).

17. Citation of Regulatory Documents See Bluebook Rule 14. Cite to the appropriate year of the CFR for Executive Orders. Executive Order issued by President George W. Bush on January 24, 2007: Exec. Order No. 12,423, 3 C.F.R. 193 (2007).

19. Judicial disputes involving administrative agencies are heard by Administrative Law Judges (ALJs). In many federal agencies, the judicial department is called the Office of Administrative Law Judges (OALJ).

20. Many decisions by ALJs in federal agencies are available online through agency websites.

21. By Subject: http://www2.lib.virginia.edu/govtinfo/fed_decisions_subject.html

23. By Agency Name: http://www2.lib.virginia.edu/govtinfo/fed_decisions_agency.html

26. This is a footnote fail, but we can fix it…

31. Old Citation:

32. New Citation: Rule 14.3: Cite party name, agency, document type Rule 10.1: Use docket number for cases not published in a reporter Rule 18.2.3: Use a parallel cite to an Internet source

34. Congressional Research Service Reports Database: http://digital.library.unt.edu/explore/collections/CRSR/

36. PDF page image format law review articles in the Law Journal Library

37. PDF page image format state bar and practitioner journal articles in the Bar Journals Library

38. PDF page image format of the CFR, yearly, 1938-2011, in the Code of Federal Regulations Library

39. PDF page image format of the Federal Register, daily, 1936-present, in the Federal Register Library

40. Use Westlaw’s “Find by Citation” for state statutes…

42. “Publications” page on the NAALJ website

43. Sources: NAALJ tables and shelves (library 3rd floor) Late Passes: Ask a reference librarian before 5pm Resources for help: Reference librarians, Lit Cite Editor CALI: Administrative law lessons available

44. Reference Librarian for NAALJ: Jennifer Allison jennifer.allison@pepperdine.edu Office: 310-506-7317 Mon: 12pm – 9pm Tues-Fri: 8:30am – 5:30pm