LibGuides: Administrative Law Research: Home

Introduction

Administrative or regulatory law is comprised of the various rules and actions that are enacted by administrative bodies such as the Executive Office of the President, the Department of Education or the Securities and Exchange Commission. Agencies have different powers depending on whether or not they are considered executive, legislative or independent.

The role of administrative agencies is to make rules and enforce or adjudicate them. The Administrative Procedure Act (APA), 5 USC §§ 551 et. seq. gives the requirements, procedures, standards and procedures for rulemaking, hearings and adjudication. Congress makes laws that give agencies the authority to issue and enforce regulations.

Most Federal administrative materials are printed in the Federal Register (FR) and rules are presented in the Code of Federal Regulations (CFR). There are various sources for State administrative materials in both print and electronic format. This guide will give you an overview of the regulatory process as well as resources and tips for starting your administrative law research.

Administrative Law Books

Developments in Administrative Law & Regulatory Practice by American Bar Association Section of Administrative Law and Regulatory Practice
Call Number: General Coll.: KF5402 .D383

Publication Date: 2000—

Written by Professor Jeff Lubbers, this is a ready reference source for practitioners, judges, and academics on significant events within administrative law. As an annual publication, it also provides a historical chronicle of changes in administrative law and regulatory practice. Each of these chapters is written by experts in their fields.
Administrative Law and Process in a Nutshell by Ronald Levin; Jeffrey Lubbers
Call Number: Available as an e-Book

ISBN: 9798887864976

Publication Date: 2025
Administrative Law by William F. Funk & Richard H. Seamon
Call Number: KF5402 .F86 2016x

ISBN: 9798892073615

Publication Date: 2020
Administrative Law by Daniel E. Hall
Call Number: KF5402 .H35 2012

ISBN: 0135109493

Publication Date: 2011

This comprehensive, up-to-date text covers the constitutional and procedural dimensions of governmental agencies, including delegation, rulemaking, adjudications, investigations, freedom of information, liabilities of governments and their employees, judicial review, and other considerations, including fairness. Written to challenge students without overwhelming them, this flexible text can be adapted for widely diverse settings. ADMINISTRATIVE LAW: BUREAUCRACY IN A DEMOCRACY, 5/e reflects recent U.S. Supreme Court decisions concerning preemption, official and sovereign immunity, Bivens actions, standing, and the commerce clause; adds the timely F.C.C. v. Fox case to illuminate the "arbitrary and capricious" standard for agency rulemaking; and discusses the ongoing constitutional challenges to healthcare reform.
Careers in Administrative Law and Regulatory Practice by James T. O'Reilly
Call Number: KF299.A32 C37 2010

ISBN: 1604427973

Publication Date: 2011

This book is an essential resource for law students and lawyers interested in a career in administrative law. In the first half of the book, a national expert describes the field, and outlines your optimal entry strategies. The second half offers individual, personalized examples of the various career paths in administrative law, and details the demands and rewards of each.
Administrative Law by Philip J. Harter; Anthony E. Varona; Frank Pasquale; Andrew F. Popper; Gwendolyn M. McKee; Mark C. Niles
Call Number: KF5402 .P67 2016

ISBN: 9781634598873

Publication Date: 2016

As a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive 12-month online access to the Learning Library which includes quizzes tied specifically to your book, an outline starter and digital access to leading study aids in that subject and the Gilbert® Law Dictionary. The included study aids are Administrative Law and Process in a Nutshell, Administrative Law Concepts and Insights and an Administrative Law Concise Hornbook. The redemption code will be shipped to you with the book. A straightforward, up-to-date comprehensive administrative law casebook featuring 13 new Supreme Court decisions and hundreds of post-2010 notes, comments, references, and questions. Since 2010, the Court has been busy clarifying, expanding, modifying, and redefining fundamental components of administrative law. This new edition presents 13 of these cases and 200 other notes bringing students and faculty up-to-date in this dynamic field. Tucked within the core of the traditional curricular structure are King (the Affordable Care Act), Obergefell (same-sex marriage), Free Enterprise Fund (yet another case on presidential removal power), Canning (recess appointments), Mack Truck (good cause exception), Arlington (the capacity of agencies to define their authority), Stern (on non-Article III courts) and much more. The result is a readable and highly teachable casebook, coupled with hundreds of summary boxes and hypotheticals.
A Guide to Federal Agency Rulemaking, Sixth Edition by Jeffrey S. Lubbers
Call Number: KF5411 .L83 2012

ISBN: 9781641053167

Publication Date: 2019

As procedures governing the rulemaking process have proliferated since the Administrative Procedure Act was enacted, the potential procedural pitfalls have multiplied. This 6th edition brings the Guide up-to-date with respect to recent cases and changes introduced during the latter half of the Obama Administration and the early years of the Trump Administration.

Understanding the Regulatory Process

The role of administrative agencies is to make rules and enforce or adjudicate them. The Administrative Procedure Act (APA), 5 U.S.C. §§551 et. seq. gives the requirements, procedures, standards and procedures for rulemaking, hearings and adjudication. Congress makes laws that give agencies the authority to issue and enforce regulations

Congress passes legislation which gives agencies the authority to implement that legislation by promulgating rules and adjudicating claims and disputes. Agencies have the expertise and personnel to administer federal law.

The Reg Map (above) is an overview of the regulatory process.

See A Guide to the Rulemaking Process prepared by the Office of the Federal Register for answers to common questions related to the regulatory process.

Conflict and the Regulatory Process

Statutes and amending legislation are sources of conflict at every stage in the regulatory process. Parties may challenge regulations during the rulemaking process or in court after the regulations have been promulgated.

Further information related to Conflict and the Regulatory Process can be found on Justia's "Challenging Regulatory Actions Affecting Your Legal Interests".

Statutory Authority (Selected Statutes)

Federal Register Act, 44 USC § 1501 et seq. (1935)

Provides that all agency rules will be published in the daily Federal Register and subsequently in the CFR.

Administrative Procedure Act, 5 USC § 500 et seq. (1946)

Establishes the rulemaking process, administrative procedures, adjudications, hearings, etc.

Freedom of Information Act, 5 USC § 552 (1967)

Ensures public access to certain requested government records (with exceptions).

Privacy Act, 5 USC § 552a (1974)

Establishes practices for protecting the privacy of certain personally identifiable information.

Government in the Sunshine Act, 5 USC § 552b (1976)

Requires announcements for and openness of government agency meetings (with exceptions).

Paperwork Reduction Act of 1980, 44 USC § 3501 et seq. (1995)

Establishes procedures for reducing paperwork and that permission must be obtained by Office of Management and Budget (OMB) before requesting information from the public. This Act was substantially amended by the Paperwork Reduction Act of 1995, which required agencies to, among other things, seek public comment on proposed collection of information in the Federal Register.

Congressional Review Act, 5 USC § 801 et seq. (1996)

Requires agencies to submit rules to Congress for 30 day review and possible disapproval.

Equal Access to Justice Act, 5 USC § 504 (1980)

Authorizes reimbursement of prevailing parties for fees and costs in agency adjudications and court proceedings.

Negotiated Rulemaking Act of 1990, 5 USC § 561 et seq.

Agency heads can establish negotiated rulemaking committees to assist with rule formation.

Unfunded Mandates Reform Act of 1995, 2 USC § 1501 et seq.

Limits the amount Federal mandates that can be imposed on state and local governments without providing funding.

Alternative Dispute Resolution Act of 1998, 5 USC § 571 et seq.

Authorizes and encourages U.S. District Courts to use alternative dispute resolution processes and arbitrators.

Strategies & Steps for Researching Regulations

If you have a citation or enough information to search for a citation:

Go to the primary sources using the cite (Citation, Rule Identification Number, or Docket Number) or search by subject/keyword if you feel competent in your knowledge of the issue
Look at secondary sources to fill in analysis and background information, including legislative history
Follow the regulatory history found in preamble to regulation

Important Databases

ProQuest Regulatory Insight
Regulatory Insight provides compiled U.S. federal regulatory histories organized by public law, with links to Federal Register notices and agency rulemaking documents. Use it to trace the development of federal regulations, understand how laws are implemented, or support legal and policy research with primary sources.

Part of the ProQuest Government Document Collection.
HeinOnline U.S. Federal Agency Documents, Decisions, & Appeals Library
Featuring reports, decisions, and records, this library is a complete collection of the official case law of some of the United States' most important U.S. Federal Agencies such as: The Federal Communications Commission (FCC), the National Labor Relations Board (NLRB), and the Securities and Exchange Commission (SEC). It also includes more than 65 GPO best-selling legal titles.

Administrative Law CALI Lessons

The Center for Computer-Assisted Legal Instruction provides a variety of interactive lessons covering administrative law. Some of the most helpful are:

To obtain the access code for these lessons, go to http://www.cali.org/user/register and use the access code "AMERICstu4"

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