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Subject: Re: [legalcitem-admin-reg-docs] Fwd: Some starting notes for types of documents and features for exec/admin/regulatory citations
All,
When I had suggested the categorizations, I was contemplating that agency adjudicatory proceedings would be part of the Adjudications subcommittee. I am not wedded to that position for eternity, and if as we and that committee move down the road it makes sense to move all or some of those administrative proceedings back to our group, I would not raise an objection.
At first look, I like your categorization of items.
Ken
Kenneth J. Hirsh
Director of the Law Library and I.T.
Professor of Practice
University of Cincinnati College of Law
From: legalcitem-admin-reg-docs@lists.oasis-open.org [mailto:legalcitem-admin-reg-docs@lists.oasis-open.org] On Behalf Of Chet Ensign
Sent: Tuesday, April 29, 2014 10:58 AM
To: legalcitem-admin-reg-docs@lists.oasis-open.org
Subject: [legalcitem-admin-reg-docs] 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:
Prescriptive:
- 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)
Non-prescriptive:
- Official notices
- Reports / investigations / findings
- Proclamations
- Presidential memoranda
- Signing statements
- Administrative notices
- Letters & interpretations (e.g no-action letters
- Budgets
- 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,
/chet
--
/chet
----------------
Chet Ensign
Director of Standards Development and TC Administration
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--
/chet
----------------
Chet Ensign
Director of Standards Development and TC Administration
OASIS: Advancing open standards for the information society
http://www.oasis-open.org
Primary: +1 973-996-2298
Mobile: +1 201-341-1393
Check your work using the Support Request Submission Checklist at http://www.oasis-open.org/committees/download.php/47248/tc-admin-submission-checklist.html
TC Administration information and support is available at http://www.oasis-open.org/resources/tcadmin
Follow OASIS on:
LinkedIn: http://linkd.in/OASISopen
Twitter: http://twitter.com/OASISopen
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