Oral arguement in TRO on immigration order:

Key Cases

Dames & Moore v. Regan

Youngstown Sheet & Tube Company v. Sawyer


Read chapter 5 to C. The Procedures for Formal Rulemaking. Work through the examples carefully so we can discuss them in class.

Study Guide: Introduction to Rulemaking Part I


Obama’s executive order on immigration.

This was found to be a rule that needed notice and comment by the lower courts, and the USSC split 4-4, leaving the lower court decision in place.


Rules in Louisiana:  RS 49:951

Reg Map for Informal Rulemaking – pdf

A Handy “Rulemaking Versus Guidance” Checklist For Federal Agency Counsel

What does a rule look like?

Clean Water Rule: Definition of ‘‘Waters of the United States’’; Proposed Rule

Clean Water Rule: Definition of ‘‘Waters of the United States’’; Final Rule

What does a guidance document look like?

Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act

Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons