Introduction:
The New Deal era of the 1930s resulted in a marked increase in federal regulation. At that time, there was no central repository for federal rules and regulations. In response to this situation, the Federal Register was created pursuant to the Federal Register Act, ch. 417, 49 Stat. 500 (1935).
The Federal Register publishes proposed rules, final rules, and provides legal notice of administrative rules and notices. Federal agencies are required to publish notices of proposed rulemaking in the Federal Register to enable citizens to participate in the decision making process of the Government.
Materials published in the Federal Register include Presidential documents (proclamations, executive orders, and other executive documents); rules and regulations adopted by executive agencies; proposed rules and regulations; and notices of proposed rules, hearings, and meetings. Adopted rules and regulations are also published in the Code of Federal Regulations, arranged by subject and agency. Thus, the Code of Federal Regulations is the publication of final rules and regulations currently in force.
The Federal Register:
The Federal Register (Law Library First Floor Range 102 and Microfiche) is published on every Federal work day. It is available from several different sources. HeinOnline Federal Register Library (coverage: 1936-present) and FDSys (coverage: 1994–present) are popular choices for Federal Register research and access to the Federal Register in PDF format.
Additionally, although the format is not as useful as Hein Online or GPO Access, both Lexis from 1981 on and Westlaw 1936 on have the Federal Register. The Law Library retains the most current two years in print (Law Library First Floor Range 102) and has a complete collection in microfiche (Microfiche Room Cabinet 23)
For further information: About the Federal Register at the Government Printing Office's FDSys webpage. See also The Federal Register : What It Is and How To Use It: A Guide for The User of the Federal Register-Code of Federal Regulations System at KF70.A52.U58 1992 (Law Library First Floor Range 102).
The Code of Federal Regulations:
The Code of Federal Regulations (CFR) (Law Library First Floor Range 102 and Microfiche) is an annual compilation of final regulations. The regulations are organized into 50 different titles, roughly mirroring the arrangement of the United States Code. Within each title, regulations are organized by agency instead of subject. Each volume of the CFR is updated once each calendar year and is issued on a quarterly basis. In order to obtain the most current regulations on a given topic, the researcher must consult the current issue of the CFR, then update the research by searching the Federal Register for any changes adopted since the CFR was published. This is accomplished in print using the CFR List of Sections Affected, which lists those changes. Alternatively, the researcher can consult the e-CFR, still in beta version, which is updated daily with changes to the CFR.
The Law Library maintains the current edition of the CFR in print (Law Library First Floor Range 102) and retains older editions back to 1938 in microfiche (Microfiche Room Cabinets 11-13)
The Code of Federal Regulations is also available in electronic format from HeinOnline (coverage: 1938-present) and FDSys (with coverage back to 2000). Lexis and Westlaw also have the CFR (1981-present), although the format is harder to use than the format used for Hein Online and FDSys.
Tracking Regulations:
Many researchers skim the Federal Register each day to keep track of regulations and topics of interest. There is a better way. Justia Regulation Tracker lists all pending regulations, organized by agency. You can search the database or set up an RSS feed.
Another useful web site is Regulations.gov. This Federal Government web site lets citizens participate in the rulemaking process by providing a place for commentary on all pending regulations.
Presidential Documents:
Presidential documents are documents such as executive orders and proclamations. While these can be found in the Federal Register and in Title 3 of the Code of Federal Regulations, the most comprehensive source for presidential documents has traditionally been the Weekly Compilation of Presidential Documents. This compilation is now published daily, online.
The Compilation of Presidential Documents contains executive orders and proclamations as well as nominations, announcements, and transcripts of speeches and press conferences. It is available from several electronic sources, including HeinOnline Presidential Library (1965 to January 2009), FDSys (1992 to present), and Westlaw (2000 to present). It is also available in print from 1965 to 2000 in the Law Library, First Floor Range 101.
Treatises and Directories:
Some examples follow, for other publications search the GMU Library Catalog.
- Administrative Law and Process in a Nutshell, by Ernest Gellhorn and Ronald M. Levin. RESERVE KF5402 .Z9 G4 2006.
- Administrative Law, third series, by editor-in-chief, John W. Willis. Pike & Fischer. KF5401 .A52 A36. Law Library First Floor Range 115.
- A Guide to Federal Agency Rulemaking, by Jeffrey S. Lubbers. REFERENCE KF5411 .L83 2006.
- Federal Administrative Procedure Sourcebook, by William Funk. REFERENCE KF5406 .A3 2008.
- Federal Regulatory Directory: The Essential Guide to the History, Organization, and Impact of U.S. Federal Regulations. REFERENCE KF5406 .A15 F4 2008.
- United States Government Manual, best available online at FDSys.
GMU Databases:
- LLMC Digital Online access to the full text of the Law Library Microform Consortium collection of legal and government documents material. Collection includes historical U.S. administrative decisions from the executive agencies.
- Hein OnLine A constantly growing collection of legal periodicals that currently includes over 1000 full-text journals. Also includes Federal Register Library, U.S. Federal Agency Library, and U.S. Presidential Library.
Journals:
- BNA Journals Some examples follow: Federal Environment & Safety Regulatory Monitoring Report, and Securities Regulation and Law Report.
- HeinOnline — Has numerous law journals with articles on administrative and regulatory issues, for example, the Administrative Law Review.
- Index to Legal Periodicals and Books — Electronic database provides indexing of legal periodicals and books from 1908, full-text for more recent articles.