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Law Librarianship 101Unlocking the Code

Rocky Mountain Chapter – SLAVirtual Lunch – January 17, 2013

Presented By: Eugene M. GiudiceReference Librarian, Latham & Watkins LLP

The Foundation of Government

The Courts• Decisions• Court Rules

The Executive• Laws• Regulations• Executive Orders• Signing Statements

The Legislature• Legislation• Resolutions

• Supreme Court Reporter• Federal Reporter• Federal Appendix• Federal Supplement• Federal Rules Decisions

Federal Case Law

State Case Law

• 347 U.S. 483• BROWN ET AL. v. BOARD OF EDUCATION OF TOPEKA ET AL.

• 552 F. Supp. 131• United States v. American Tel. & Tel. Co

• 403 U.S. 713• New York Times Co. v. United States (Pentagon Papers)• 1971 U.S. LEXIS 100• 1 Media L. Rep. 1031

• http://law.justia.com/cases/• http://www.findlaw.com/casecode/• http://www.wikipedia.com• http://www.google.com

Anatomy of a Citation and Where to Find Them

• Introduction• Committee Consideration• Committee Action• Subcommittee Review• Markup• Committee Reporting / Action• Publication• Floor Action• Debate• Vote• Referral to Other Chamber• Conference Committee• Final Action• Signing / Veto• Veto Override (if needed)http://usgovinfo.about.com/od/uscongress/a/legprocess.htm

Steps in the Legislative Process

• USCCAN • House and Senate Committee websites• http://www.thomas.gov• http://www.gpo.gov/fdsys/• United States Congressional Serial Set

• http://www.llsdc.org/sch-v/#Overview• http://memory.loc.gov/ammem/amlaw/lwss.html

Sources For Legislative Materials

• Codification• Codification is the process by which individual laws are

broken up into their constitute parts or titles and then added to or modify the current United States Code. This responsibility rests with the Office of Law Revision Counsel.

• http://uscode.house.gov/ • http://uscode.house.gov/codification/Positive%20Law

%20Codification.pdf• Regulations

• Since the legislature has no enforcement capability, it is up to the Executive and its subordinate agencies to take the laws passed and develop rules that reflect the law.

A Bill Gets Signed – Now What?

• Governed by Executive Order 12866 – issued by President Clinton on 30 September 1993

• Also Governed by Contract with America Advancement Act of 1996 (PL 104-121)• Allows Congress 60 days to review a new regulation and then

bar the regulation by a joint act of Congress• The Basic Regulatory Steps are

• Notice of proposed regulation• Public comment period• Public hearing

• All regulations are published in the Code of Federal Regulations and can be found at http://www.regulations.gov

The Regulatory Process

The FR and CFR

• The Federal Register (FR) is published every day the federal government is open for business.

• All notices of proposed regulations, hearings and final regulations are published in the FR

• The CFR has the same titles and the USC• The CFR is updated on a cyclical basis. Newer editions

are designated by the color of the cover of the particular title

• Both the CFR and FR are available online• http://www.gpo.gov/fdsys/browse/collection.action?

collectionCode=FR• http://www.gpo.gov/fdsys/browse/collectionCfr.action?

collectionCode=CFR

The Federal Register

The Federal Register – Table of Contents

Anatomy of a Proposed Regulation

• Paperwork Reduction Act• Background• Explanation of Provisions• Effective Date• Special Analyses• Comments and Public Hearing• Drafting Information• List of Subjects• Code Section Authorizing Regulation• Regulation Text

The Federal Register – A Proposed Rule

The Federal Register – List of Sections Affected

• This is found in the Federal Register (FR). For each day, it lists the parts of the CFR that are effected by that day’s issue of the FR. At the end of each month the Office of the Federal Register publishes separately a List of CFR Sections Affected (LSA), which lists parts and sections affected by documents published since the revision date of each title.

The Federal Register – List of Sections Affected

The Federal Register – List of Sections Affected

The Unified Agenda

• http://www.reginfo.gov/public/do/eAgendaMain

• http://www.zoominfo.com/• http://www.linkedin.com/• http://www.jigsaw.com/• http://www.marketwatch.com/• http://www.forbes.com/• http://www.pipl.com• Corporate website• Google / Google News• Facebook

Corporate and Personal Information

US Congressional Handbook

How Our Laws are Made

http://thomas.loc.gov/home/lawsmade.toc.html

• Am Jur• Corpus Juris Secondum• Restatements• Wright and Miller• Words and Phrases• The Bluebook• Nutshell Series

• http://store.westlaw.com/store/SearchResults.aspx?N=0&PageSize=10&FindMethod=Search&ntt=nut%20shell%20series&filter_type=adv_bkt_Books

Key Secondary Materials

• Greet Everyone• You Are Known by the Company You Keep . . . On

Your Bookshelf• Be Interested and Interesting• Be Involved• Be Seen• http://www.aallnet.org/main-menu/Publications/

spectrum/Spectrum-Online/library-outreach.html

Outreach