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F INDING THE L AW: A DMINISTRATIVE L AW & S ECONDARY S OURCES IN P RINT O RGANIZATION OF G OVERNMENT Constitution Legislative Judicial Executive Statutes Cases Regulations Administrative Decisions Stat., USC RCW US, Fed 3d P3d, Wash. FR, CFR WAC PARALLEL S YSTEMS Federal State Legislative = US Congress Legislative = WA State Legislature Executive Executive President Governor Executive branch & independent agencies Executive branch & independent agencies Judicial Judicial US Supreme Court WA Supreme Court US Courts of Appeals WA Court of Appeals US District Courts District, county & municipal courts Specialized courts S OURCES OF L AW I NTERACT Legislature writes statute in response to a case Court interprets a statute; may hold a statute unconstitutional A higher court overrules a lower court decision Agency proposes regulations as directed by statute P RIMARY & S ECONDARY A UTHORITY Primary Statement of "the law" from bodies with law-making authority Secondary Explain, interpret, and refer to primary law Examples: treatises, law review articles, legal encyclopedias, etc. L EGAL C ITATIONS : S TATUTES Endangered Species Act Pub. L. No. 93-205 87 Stat. 884 16 U.S.C. § 1531 et seq. (2000) 16 U.S.C. § 1538 Prohibited Acts L EGAL C ITATIONS : R EGULATIONS Importation, Transportation and Exportation of Wildlife, 50 C.F.R. Part 14 (2004) 50 C.F.R. § 14.17 (2004): “Personally Owned Pet Birds” L EGAL C ITATIONS : C ASES Tennessee Valley Authority v. Hill, 437 U.S. 153, 98 S.Ct. 2279, 57 L.Ed.2d 117 (1978). link Only need U.S. San Carlos Apache Tribe v. U.S., 272 F.Supp.2d 860 (D.Ariz. 2003). S TARTING Q UESTIONS What type of law governs this issue? (Hint: may be more than one) Statutes — regulations — cases Which jurisdiction? federal and/or state What secondary sources cover this topic? A DMINISTRATIVE L AW Rules, regulations & decisions Each agency covers specific subjects U.S. Government Manual Administrative Procedure Act, 5 USC §551 et seq. Notice of proposed rule Comment period Final rule & response to comments C ONGRESSIONAL F INDINGS 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 … A GENCY A UTHORIZATION BY S TATUTE 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 CODE OF FEDERAL REGULATIONS Rules & regulations in force Organized by topic Published annually Index & finding tables F IND R EGULATIONS U SING THE CFR Start with an index At end of the CFR set “CFR Index” volume of the US Code Service (USCS). KF62 1972 .L38 West's CFR: General Index. KF70.A34 Parallel Table of Authorities & Rules In CFR Index 16 USC 1533 (Endangered Species Act) > 50 CFR Part 17 (regulations implementing Act) U SING 1. 2. Find the statute a. Popular names tables or indexes b. U.S. Code Annotated OR U.S. Code Service Find the section authorizing regulations a. 3. F IND R EGULATIONS AN A NNOTATED C ODE Browse table of contents Look in footnotes for references to CFR U SING Books & government documents on the subject Search library catalogs Legal encyclopedias (AmJur & CJS) F IND R EGULATIONS S ECONDARY S OURCES Start with indexes Law review articles Cited in annotated codes (USCA & USCS) Periodical indexes F EDERAL R EGISTER Daily Updates CFR Proposed & recently adopted regulations Summaries of comments on proposed regulations President’s executive orders & proclamations U PDATING 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 H ELP ! Ask a Librarian! Gallagher Law Library Reference Office 543-6794 Ask Us link on Law Library homepage Brief tour of the Law Library Reference Area
