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Subject: Fwd: Some starting notes for types of documents and features for exec/admin/regulatory citations
Good morning everybody,
I spent some time looking through The Bluebook this morning as a place to start compiling a general list of content types and features for the Executive/Regulatory/Administrative subcommittee. The Bluebook is of course specific to the US and one question will be how we can compile or map to comparable types of documents in other countries and legal systems.
One big question quickly jumped out at me: should our subcommittee address agency rulings, cases, orders and such or does that fall to the Adjudications subcommittee? For example, Treasury determinations, IRS private letter rulings, National Labor Relations Board decisions and such. Right now, I assume we won’t but some like SEC staff interpretations are unclear.
For now, I’ve skipped over those.
One broad distinction in the types of citable content that seems useful is prescriptive versus non-prescriptive content. By prescriptive, I mean any documents that purport to tell someone what to do: regulations, orders, directives, etc. By non-prescriptive, I mean the opposite: notices, reports, proclamations, budgets, patents, etc. Not sure if that is a valid or useful distinction but I thought it might let us prioritize the work.
Here is a starting list of types of documents that might be cited:
- Final regulations (e.g. as published in the Code of Federal Regulations)
- Proposed or initially announced regulations (e.g. as published in the Federal Register)
- Orders (executive, administrative)
- Directives (which may be the same as orders, I’m not sure)
- Official notices
- Reports / investigations / findings
- Presidential memoranda
- Signing statements
- Administrative notices
- Letters & interpretations (e.g no-action letters
- Patents and trademarks
- Required filings (e.g. corporate 10-Ks)
I also listed, as a partial set of features of such content that may be germane to citations:
- Publications (e.g. Federal Register, PTO Gazette
- Issuing or publishing body (e.g. USPTO, NOAA, Department of the Treasury
- Name of a rule or regulation or directive / common name
- Number of a rule or regulation or directive
- Subject (e.g. Treasury Regulations or Federal Acquisition Regulations)
- Serial number of the content (e.g. a patent or trademark number)
- Date of publication or promulgation
- Hierarchical location within a publication (section #
- Physical location within a publication (page # or identifier value
- The part of a regulation being referenced
- Status (e.g. proposed, final)
I will add these into the wiki at https://wiki.oasis-open.org/legalcitem/adminsc as a starting point.
Talk to you all later today,