Administrative Law: Research Process

   Administrative law consists of the regulations and decisions issued by the executive branch. This body of law represents the third primary source of law in the United States, the other two being case decisions and statues. Administrative law evolved out of the need for the executive branch to develop a body of law that would insure the statutes the legislature passed were implemented by the executive branch.

   Documents you will see include, regulations, executive orders, agency memos and decisions, as well as other documents. This guide will focus on Federal Administrative law though admin law is a major part of state law as well.

Search Strategy: Finding Regulations

 Finding newly promulgated regulations & proposed regulations:

• If you know that a regulation has been proposed, adopted recently, or amended, look in the Federal Register

• Use the Federal Register or search online

Finding Regulations in Force. Does a regulation exist?

• Use the CFR - Look for regulations in the CFR in one of the following ways:

• Use CFR Index and Finding Aids (a single volume within the CFR set)

• Subject/agency index (refers to CFR part, not section)

• Parallel Table of Authorities and Rules. If you have a U.S.C. citation, then you can find regulations promulgated under that authority

• If you know the authorizing statute use:

• Parallel Table of Authorities and Rules, in the CFR index and Finding Aids volume

• Use an annotated code: USCS or USCA

• Look in the statute's annotations for cross references to applicable CFR regulations

   Just like with case law and statutes you have to shepardize your work. While the CFR is similar to the US Code, annotated versions are not published for the CFR and state regulations. However, you shepardize them same way you do when you research online. In fact both Lexis and Westlaw provide the same citation service for regulations that they do for statutes, you just can't get them in print. 

Home * Law Library * Ask a Librarian