Secret #1 - you know more than you think
Secret #2 - Legislative Branch - an annotated code is your BEST FRIEND
- Federal
- U.S. Constitution - established structure of federal government
A great source for federal constitutional law (e.g. 1st Amendment (freedom of speech/press, 4th Amendment (search and seizure) is
Constitution of the United States: Analysis and Interpretation (from GPO Access)
- Finding Federal Statutes
- a. Current laws are in the subject arranged United States Code (U.S.C.). The subjects of the U.S.C. (called Titles) are given numbers. You cite to the U.S.C. using the title number and section within that title - for example, 15 U.S.C. 78m .
- b. If you can avoid it, do not use the U.S.C. Instead, use an annotated code - either the United States Code Annotated (U.S.C.A., published by West) or United States Code Service (U.S.C.S., published by Lexis and available on LexisNexis Academic ). These publications contain the same statutory text, but are much more up-to-date and provide other EXTREMELY USEFUL research features:
- -cross references, library references, Notes of Decisions
- - pocket part.
- c. Popular Names Table - for finding Public Law number with name of statute (e.g. "Sarbanes Oxley").
- d. Codification
- Prior to being assigned a Title in the U.S.Code, legislation passed by both chambers of Congress and signed by the President (or veto overridden, or not signed within 10 days) becomes a Public Law (PL ). These Public Laws are numbered by Congress (now in 110th, so first law signed is PL 110-1). Public law is text as passed by Congress and signed - also called slip laws.
- Sections within Public Laws are separated by subject and put into Titles of the U.S. Code. THE NUMBERING MAY CHANGE FROM THE PUBLIC LAW TO THE U.S. CODE. This can be a source of great confusion. For example, most people refer to Title IX, which refers to a Public Law subsection, not a U.S.Code section.
- e. Tables in U.S. Code - translate between Public Law section number and Code section. Classification tables listing sections of the U.S. Code affected by recently enacted laws are avaiable using the U.S. Code available through the Office of Law Revision Counsel of the House of Representatives.
- f. Slip laws published in Statutes at Large and United States Code Congressional and Administrative News (USCCAN). These are published on chronological order - need "Stat" cite or PL number.
- g. Subject Index - republished every year
New York
- N.Y. Constitution - in McKinney's and CLS
- Finding N.Y. Statutes
- a. Current laws arranged by subject are found in McKinney's Consolidated Laws ("McKinney's", published by West), which is the "official code" and Consoliated Laws Service ("CLS", published by Lexis and available on LexisNexis Academic).Both of these are annotated codes and have the same features as the federal annotated codes. Also, available on the Web at
- FindLaw
- N.Y. Assembly
- b. The subjects are given names rather than numbers (as in USC)
- c. Use the Popular Name Table - in last index volume (S-Z), to find a law by name, for example "Lemon Law"
- d. A bill signed into law is referred to as "chapter" - assigned number 1 in beginning of year and found in McKinney's Session Laws
- e. subject index - republished every year
Secret #3 - ExecutiveBranch - do not forget Regulations
- Federal
- Agencies are part of the Executive branch - the alphabet soup of agencies - OSHA, EPA, etc...
See list of Executive Branch agencies
- Regulations - authorized by legislature asking agencies to enforce legislation by creating rules - for example, how many parts per billion of arsenic in water is permissible
- Regulations first appear in Federal Register - published daily.
- Regulations are in subject arrangement (subjects again called titles and numbered - but not the same numbers at Titles in the USC) - in the Code of Federal Regulations (CFR)
- The CFR is updated annually, 1/4 in January, 1/4 in April,1/4 in July and 1/4 in October. Each year has a different color.
- There is a 1 volume index
- Administrative Decisions - quasi-judicial funtions - hold hearings, issue decisions
- Administrative law judges - or just agency commissioners will issue decisions regarding disputes between parties within that agency's jurisdiction
- Agency determinations frequently first stop in dispute - usually can be appealed to courts
- agencies publish these opinions
- best found online or in looseleafs
- GPO Access - Executive Branch
- University of Virginia Administrative Decisions
- New York
- NY agencies are authorized by the NY legislature to promulgate regulations to enforce NY law
- New York regulations are first published in NY State Register - published weekly
- N.Y. regulations are in a subject arrangement (codified) in the Official Compilation of the Codes, Rules and Regulations of the State of New York - referred to as the "NYCRR ". There is a 2 volume index.
- Guide to NY Agency Rules and Regulations - Guide to agency websites, some with regulations online
Secret #4 - Municipal or Local Law
- The State is not only legislating body - also have cities, counties, towns, villages with legislatures which create local laws (also called ordinances) - this is where you might find "dog law"
- Local Government
- The Charter typically established the structure of the municipal government (equivalent to the state or federal constitution).
- The Administrative Code is typically the equivalent of legislation.
- The Rules and Regulations, if any, are typically the regulations of the municipal agencies.
- New York Local Law online
- Other jurisdictions' Municipal Codes
Secret #5 - HAVE FUN!!
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