Enforcement

Enforcement in the United States

Contents:

Enforcement in Environmental Law

Both federal and state governments can enforce the pretreatment regulations. However, the EPA generally holds the permittee (the publicly owned treatment works) responsible for violations of its permit, even if an industry caused them. Thus the treatment works, typically owned by a city or similar jurisdiction, is required to prevent industries from sending incompatible wastes to it. This arrangement results in cities issuing permits to industrial users, testing for quality control, and offering financial incentives to pretreat. Find more about enforcement in Environmental Law here.

Finding Securities Enforcement Materials

Note: Be sure to check the currency, coverage, and status (official or unofficial) of all sources.

Administrative Proceedings

  • Note that SEC decisions are first announced in releases. Selected decisions are eventually reported in Securities and Exchange Commission Decision and Reports. The SEC Litigation page contains links to administrative proceedings in different stages, including notices and settlements of administrative proceedings; administrative law judge initial decisions and orders; Commission opinions and orders; reports of investigations; and more. This page also includes a link that lets you search the litigation materials available on the SEC website.
  • Another useful source is CCH’s Federal Securities Law Reporter looseleaf and the electronic version of the Federal Securities Law Reporter. (click on the “Securities” tab).
  • Westlaw: Federal Securities – Administrative Materials (FSEC-ADMIN)
  • Lexis: SEC Decisions, Orders & Releases (FEDSEC; SECREL)

For information on locating litigation releases, see the Finding Litigation Releases entry in this Encyclopedia.

Judicial Decisions

Federal securities court decisions, as other court decisions, are reported in the Federal Supplement Series, the Federal Reporter Series, and the United States Reports Series. (For general information on how to conduct case law research, see the Effective Case Law Research Guide.) In addition, the following sources may be helpful:

  • SEC Litigation page – contains links to litigation releases (federal court actions), and more. This page also includes a link that lets you search the litigation materials available on the SEC website.
  • CCH’s Federal Securities Law Reporter and the electronic version of the Federal Securities Law Reporter. (click on the “Securities” tab.)
  • Westlaw: Federal Securities – Cases (FSEC-CS)
  • Lexis: Federal Securities Cases (FEDSEC; COURTS)
  • For information on locating litigation releases, see the Finding Litigation Releases section in this legal Encyclopedia.

Note that there are Westlaw Key Numbers and Lexis Search Advisor categories specific to securities law.

Enforcement in Corporate Law

Enforcement connects in important ways to both of the issues we have discussed. Whether the regulator is a government agency or a self-regulatory organization, its rules or principles must be enforced. As Voltaire argued,“It is well to kill from time to time an admiral to encourage the others.” In this same vein, recent prosecutions have had life-altering effects on both individuals
and organizations. Jamie Olis of Dynegy, for example, was sentenced to twenty-four years in prison for accounting fraud. Arthur Andersen LLP was effectively put out of business after being convicted of obstruction of justice.

Enforcement not only has major consequences for individual and corporate violators, but it also can affect the overall credibility of a regulatory system. Enforcement actions send a message to the broader public. They both deter bad actors and level the competitive playing field. That said, greater enforcement is not always better, for taken too far it can dampen socially valuable risk-taking. As with any important policy tool, regulators need to know when and how to pursue enforcement actions, especially criminal prosecutions.

The Role and Limits of Criminal Sanctions

When employees’ life-long pensions disappear in the wake of corporate fraud, white-collar crimes can no longer be seen as truly victimless. As perceptions change, one important issue
becomes whether victims of white-collar crime are harmed more or less than victims of street crime. Some argue that employees who lose their jobs or retirement savings deserve to
see the government give more than a mere wrist slapping to executives who caused their losses. Others would question the fairness of a system that imposes a twenty-four-year sentence on someone convicted of accounting fraud when defendants convicted of criminal homicide often spend less time than that in jail.

Whether fair or not, criminal sanctions certainly can be effective in deterring corporate misconduct. Corporations, as profit-making enterprises, are accustomed to balancing risk and
reward.The threat of a civil penalty may not be adequate to deter misbehavior if corporate officials simply view potential fines as “a cost of doing business.” On the other hand, more severe sanctions, such as imprisonment or being put out of business, materially change the calculus. The possibility of going to jail does tend to catch the attention of corporate officials, and is often (though not always) enough to derail further contemplation of illegal conduct. Criminal law also empowers other law-abiding individuals—whether the board of directors, senior management, or other professionals—to stand up to less well intentioned colleagues or, at a minimum, to resist going along with misconduct.

Yet criminal law is no panacea. First, many of the agencies that regulate business conduct lack the authority to impose criminal sanctions. For example, even though the SEC, the PCAOB, and the Office of the Secretary of the Commonwealth of Massachusetts play key roles in overseeing important corporate activities, none are authorized to seek or impose criminal sanctions.

Second, criminal sanctions such as fines and imprisonment cannot provide restitution to shareholders, employees, vendors, or others injured by corporate misconduct. Third, not
everyone will be deterred by the threat of criminal prosecution, as some people are prepared to accept a short prison sentence rather than pay back personal or corporate profits. Finally, criminal sanctions may raise the stakes so high that they unintentionally chill legitimate and economically beneficial conduct. For these reasons, effective enforcement is likely to depend on the continued use of civil penalties combined with the selective use of criminal sanctions.

The Organization as Defendant

Many of the strategic decisions facing prosecutorial and civil enforcement staff will be the same whether sanctions are criminal or civil. One of these decisions involves against whom to file an enforcement action. Enforcement officials can pursue just the individuals who actually engaged in the underlying offense, or they can name managers or the board of directors for failing to supervise properly, or they can even go after the corporation itself.

One conference participant noted that major scandals foster a “lynch-mob mentality” that drives both the public and enforcement officials to want to pursue the people at the top,
regardless of whether they have done something warranting punishment. Deciding who to prosecute ultimately calls for judgments about fairness and reasonableness. Charging the corporation, for example, may do much to deter others in an industry, but it may also negatively affect many people beyond those who violated the law.This concern is especially palpable in the case of a criminal indictment, as shown by the demise of Arthur Andersen; however, it is also relevant in civil cases since large punitive fines may put a company on the brink of financial ruin.

In deciding whether to charge the corporate entity, enforcement officials should consider the nature of the underlying conduct in relation to the overall operations of the business.

It is easier to justify criminal or civil sanctions against the organization when the organization—and not merely the bad employee—benefits from the misconduct. For example, an antitrust violation by which a company increases its profits is a better candidate for an organizational prosecution than a case of embezzlement by an employee that benefits the employee only
(and in which the company is itself a victim).

Another factor to consider is whether a corporation has systemically failed to supervise its officers and employees.

Companies’ boards and senior management are responsible for the overall culture of the organization. They must put in place procedures, training, and monitoring that are reasonably
designed to prevent and detect violations of regulations. Recent legislative developments require that public companies implement such steps, including:

  • a code of ethics,
  • certification of financial information by the chief executive officer and chief financial officer, and
  • procedures that empower and protect employees who may wish to report misconduct.

Isolated misconduct that occurs despite these safeguards, and of which management was actually unaware, generally would not give rise to proceedings against the company, or even against senior management.

Federal versus State Law Enforcement

Corporate actors face the threat of enforcement by multiple regulators. When the SEC was created in 1934, states already had jurisdiction over securities matters and they continue to retain much authority. State and federal prosecutors also co-exist with self-regulators such as the NYSE and the NASD. The existence of multiple regulators has long been justified in part on the premise that competition among enforcement agencies enhances deterrence.

The deterrent value of multiple enforcers depends, however, in part on regulations being clear and consistent across jurisdictions. Variations across jurisdictions only give companies opportunities to exploit the differences. Moreover, a patchwork of inconsistent, sometimes even incompatible, legal rulings can be counterproductive for businesses engaged in interstate or international commerce.

Even when rules are clear and universally accepted, the presence of multiple enforcement authorities can create problems. Political factors may motivate enforcement agencies to insist
on being “at the table” to deal with a major crisis. Or different agencies may compete against one another to see which can impose the toughest sanctions. Competition motivated by a desire to score political points can hinder the overall objective of enforcement, either by overly complicating resolution of enforcement actions or by misallocating scarce resources so that
other important regulatory problems go neglected.

Finally, it may be difficult to maintain the proper balance between enforcement at the federal, state, and self-regulatory levels when one regulator is perceived—rightly or wrongly— as lax or ineffective. Others will rush in to fill the perceived vacuum. For example, the mutual fund lawsuits filed by New York, Massachusetts, and other states against broker-dealers
and investment advisers took aim at conduct that traditionally fell within the SEC’s province. Those who believe the SEC was insufficiently interested in pursuing leads about improper
conduct in the mutual fund industry may well conclude that the state litigation shows the value of enforcement competition. Yet, taken too far, such competition may waste resources and
generate inconsistent rulings across jurisdictions.

Looking Ahead

The existence of multiple enforcers, each facing choices about whether to pursue criminal or civil penalties against either individuals or organizations, makes regulatory enforcement
a complicated enterprise. Competition among enforcement jurisdictions certainly can increase deterrence. However, in the future, continued efforts at coordination among enforcement
officials are likely to be needed to allocate limited enforcement resources sensibly and to ensure fairness and consistency in the overall regulatory system.

Enforcement in the Context of Resisting Enforcement

Resisting Enforcement in International Civil Litigation

Introduction

Analysis of the Grounds for Resisting Enforcement of Forum Selection Agreement.

Enforcement in the Context of International Disputes

Recognition and Enforcement Distinguished in International Civil Litigation

Analysis of the Recognition and Enforcement Distinguished.

Enforcement in relation to Local Government Regulatory Functions

Find out in this American legal Encyclopedia the information on Enforcement in relation to Local Government Regulatory Power and Function (and in the context of local government law).

Resouces

See Also

  • Local Goverment Regulation
  • Local Law Regulation
  • Local Government Power

Concept of ICE

In relation to immigration and citizenship, ICE is defined as: An abbreviation (see more United States law abbreviations in the legal abbreviations platform of this Project) for U.S. Immigration and Customs Enforcement, an agency of the Department of Homeland Security.

Enforcement (Americans With Disabilities Legislation)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Americans With Disabilities Legislation is provided. Finally, the subject of Protection of Disabled Persons in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Arbitration)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Arbitration is provided. Finally, the subject of Admiralty Law in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Disclosure)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Disclosure is provided. Finally, the subject of Franchises in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Disclosure)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Disclosure is provided. Finally, the subject of Distributorships in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Entry of Judgments)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Entry of Judgments is provided. Finally, the subject of Judgments in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Fair Housing Rights)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Fair Housing Rights is provided. Finally, the subject of Housing in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Federal Trade Commission Legislation)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Federal Trade Commission Legislation is provided. Finally, the subject of Federal Legislation in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Federally Assisted Programs)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Federally Assisted Programs is provided. Finally, the subject of Civil Rights Law in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Freedom of Information)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Freedom of Information is provided. Finally, the subject of Governmental Information in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Judgment Liens)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Judgment Liens is provided. Finally, the subject of Remedies in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Maritime Liens)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Maritime Liens is provided. Finally, the subject of Admiralty Law in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Negotiable Instruments)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Negotiable Instruments is provided. Finally, the subject of Commercial Law in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Personal Information)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Personal Information is provided. Finally, the subject of Governmental Information in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Public Facilities)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Public Facilities is provided. Finally, the subject of Civil Rights Law in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Registration )

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Registration is provided. Finally, the subject of Franchises in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Registration )

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Registration is provided. Finally, the subject of Distributorships in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Rehabilitation Legislation)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Rehabilitation Legislation is provided. Finally, the subject of Protection of Disabled Persons in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Settlement Agreements)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Settlement Agreements is provided. Finally, the subject of Settlements in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Enforcement (Voting Rights)

This section introduces, discusses and describes the basics of enforcement. Then, cross references and a brief overview about Voting Rights is provided. Finally, the subject of Civil Rights Law in relation with enforcement is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Finding the law: Enforcement in the U.S. Code

A collection of general and permanent laws relating to enforcement, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines enforcement topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.

Enforcement

In Legislation

Enforcement in the U.S. Code: Title 22, Chapter 75, Subchapter IV

The current, permanent, in-force federal laws regulating enforcement are compiled in the United States Code under Title 22, Chapter 75, Subchapter IV. It constitutes “prima facie” evidence of statutes relating to Foreign Relations (including enforcement) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Chemical Weapons Convention and Treaties and International Law and Enforcement of the US Code, including enforcement) by chapter and subchapter.

Enforcement

In Legislation

Enforcement in the U.S. Code: Title 26, Subtitle J, Chapter 99, Subchapter B, Part III

The current, permanent, in-force federal laws regulating enforcement are compiled in the United States Code under Title 26, Subtitle J, Chapter 99, Subchapter B, Part III. It constitutes “prima facie” evidence of statutes relating to Taxes (including enforcement) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Coal Industry Health Benefits and Coal and Health Benefits and Health Care and Enforcement of the US Code, including enforcement) by chapter and subchapter.

Enforcement

In Legislation

Enforcement in the U.S. Code: Title 26, Subtitle J, Chapter 99, Subchapter B, Part III

The current, permanent, in-force federal laws regulating enforcement are compiled in the United States Code under Title 26, Subtitle J, Chapter 99, Subchapter B, Part III. It constitutes “prima facie” evidence of statutes relating to Taxes (including enforcement) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Coal Industry Health Benefits and Coal and Health Benefits and Health Care and Enforcement of the US Code, including enforcement) by chapter and subchapter.

Enforcement

In Legislation

Enforcement in the U.S. Code: Title 16, Chapter 24, Subchapter III

The current, permanent, in-force federal laws regulating enforcement are compiled in the United States Code under Title 16, Chapter 24, Subchapter III. It constitutes “prima facie” evidence of statutes relating to Conservation (including enforcement) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Conservation and Protection of North Pacific Fur Seals of the US Code, including enforcement) by chapter and subchapter.

Enforcement

In Legislation

Enforcement in the U.S. Code: Title 29, Chapter 18, Subchapter III, Subtitle E, Part 6

The current, permanent, in-force federal laws regulating enforcement are compiled in the United States Code under Title 29, Chapter 18, Subchapter III, Subtitle E, Part 6. It constitutes “prima facie” evidence of statutes relating to Labor (including enforcement) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Employee Retirement Income Security Program and Enforcement of the US Code, including enforcement) by chapter and subchapter.

Enforcement

In Legislation

Enforcement in the U.S. Code: Title 22, Chapter 88, Subchapter IV

The current, permanent, in-force federal laws regulating enforcement are compiled in the United States Code under Title 22, Chapter 88, Subchapter IV. It constitutes “prima facie” evidence of statutes relating to Foreign Relations (including enforcement) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Energy and Treaties and International Law and Nuclear Non-Proliferation and Enforcement of the US Code, including enforcement) by chapter and subchapter.

Enforcement

In Legislation

Enforcement in the U.S. Code: Title 20, Chapter 31, Subchapter IV

The current, permanent, in-force federal laws regulating enforcement are compiled in the United States Code under Title 20, Chapter 31, Subchapter IV. It constitutes “prima facie” evidence of statutes relating to Education (including enforcement) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Enforcement of the US Code, including enforcement) by chapter and subchapter.

Enforcement

In Legislation

Enforcement in the U.S. Code: Title 20, Chapter 39, Subchapter I, Part 3

The current, permanent, in-force federal laws regulating enforcement are compiled in the United States Code under Title 20, Chapter 39, Subchapter I, Part 3. It constitutes “prima facie” evidence of statutes relating to Education (including enforcement) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Equal Opportunities and Enforcement of the US Code, including enforcement) by chapter and subchapter.

Enforcement

In Legislation

Enforcement in the U.S. Code: Title 12, Chapter 46, Subchapter I, Part B, Subpart 3

The current, permanent, in-force federal laws regulating enforcement are compiled in the United States Code under Title 12, Chapter 46, Subchapter I, Part B, Subpart 3. It constitutes “prima facie” evidence of statutes relating to Banking Law (including enforcement) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Government Sponsored Enterprises of the US Code, including enforcement) by chapter and subchapter.

Enforcement

In Legislation

Enforcement in the U.S. Code: Title 46, Subtitle IV, Part A, Chapter 413

The current, permanent, in-force federal laws regulating enforcement are compiled in the United States Code under Title 46, Subtitle IV, Part A, Chapter 413. It constitutes “prima facie” evidence of statutes relating to Shipping (including enforcement) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Regulation of Ocean Shipping and Ocean Shipping and Regulation of the US Code, including enforcement) by chapter and subchapter.

Resources

See Also

  • Abuse of Process
  • International Judicial Assistance in Civil Matters
  • International Judicial Assistance in Criminal Matters
  • International Judicial Assistance in Administrative Matters
  • Cross-Border Discovery
  • Abroad Evidence
  • Choice of Law Rule

  • Judicial Branch Jurisdiction
  • Legislative Jurisdiction
  • Supreme Court Jurisdiction
  • Judicial Jurisdiction Definition

Execution of Judgments in § 1605A FSIA Cases

Execution of Judgments in § 1605A Cases

According to research about Enforcement from the Federal Judicial Center:Many of the judgments rendered under the terrorism exception have been substantial, sometimes exceeding $100 million.340 Most have been default judgments. And most have remained unsatisfied. Despite the FSIA’s specific provisions concerning the enforcement of terrorism judgments against state sponsors, successful plaintiffs have had great difficulty with actual execution.341 Problems result partly from the restrictive provisions of the law itself, but more generally from the fact that designated state sponsors of terrorism have taken steps to minimize or eliminate any property or assets in the United States that might be subject to execution. In response, the FSIA has been amended several times with regard to judgments against state sponsors of terrorism, and several separate but related statutes have also been enacted. This section provides a description of these developments and the specific issues relating to the enforcement of judgments rendered in cases brought under § 1605A. These issues are discussed within the context of the FSIA’s broader provisions concerning attachment and execution of judgments against foreign states and their agencies and instrumentalities, and in light of successive statutory amendments. With a changing legislative framework (which has in turn stimulated various judicial interpretations), this area of law remains complicated and continues to evolve. Note: FSIA is the acronym of the Foreign Sovereign Immunities Act of 1976.

Enforcement in relation to Local Government Regulatory Functions

Find out in this American legal Encyclopedia the information on Enforcement in relation to Local Government Regulatory Power and Function (and in the context of local government law).

Resouces

See Also

  • Local Goverment Regulation
  • Local Law Regulation
  • Local Government Power

Concept of ICE

In relation to immigration and citizenship, ICE is defined as: An abbreviation (see more United States law abbreviations in the legal abbreviations platform of this Project) for U.S. Immigration and Customs Enforcement, an agency of the Department of Homeland Security.

Resources

See Also

Popular Topics related with Enforcement

  • Foreign Sovereign Immunities Act Commercial Activity Exception
  • Foreign Sovereign Immunities Doctrine
  • Foreign Sovereign Immunity Meaning
  • Immunities Government
  • Immunity from Prosecution
  • Immunity Ratione Material

Federal Trade Commission Act and Enforcement Under the FTC Act and the E-Commerce Law

Federal Trade Commission Act and Enforcement Under the FTC Act and the Legal Aspects of E-Commerce

Enforcement in relation to Local Government Regulatory Functions

Find out in this American legal Encyclopedia the information on Enforcement in relation to Local Government Regulatory Power and Function (and in the context of local government law).

Resouces

See Also

  • Local Goverment Regulation
  • Local Law Regulation
  • Local Government Power

Concept of ICE

In relation to immigration and citizenship, ICE is defined as: An abbreviation (see more United States law abbreviations in the legal abbreviations platform of this Project) for U.S. Immigration and Customs Enforcement, an agency of the Department of Homeland Security.

Resources

See Also

  • PPC Advertising
  • Social Networking
  • Spam
  • Startups
  • Internet Tax
  • Technology Law
  • Terms of Use

Enforcement

Find more information on Enforcement in relation to the Importer Record Keeping Requirements in the legal Encyclopedias.

Enforcement and the International Trade Law

Enforcement in relation to Local Government Regulatory Functions

Find out in this American legal Encyclopedia the information on Enforcement in relation to Local Government Regulatory Power and Function (and in the context of local government law).

Resouces

See Also

  • Local Goverment Regulation
  • Local Law Regulation
  • Local Government Power

Concept of ICE

In relation to immigration and citizenship, ICE is defined as: An abbreviation (see more United States law abbreviations in the legal abbreviations platform of this Project) for U.S. Immigration and Customs Enforcement, an agency of the Department of Homeland Security.

Resources

See Also

Further Reading

  • Enforcement entry in the Dictionary of International Trade Law (Raj Bhala)
  • Enforcement entry in the Gale Encyclopedia of U.S. Economic History (Thomas Carson; Mary Bonk)
  • Enforcement entry in the Dictionary of International Trade
  • Enforcement entry in the Dictionary of International Trade: Handbook of the Global Trade Community (Edward G. Hinkelman)

Enforcement: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Enforcement. This part provides references, in relation to Enforcement, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Enforcement by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Enforcement and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Enforcement or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Enforcement and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Enforcement. Finding these decisions can be challenging. In many cases, researchers about Enforcement should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Enforcement when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

*This resource guide is updated frequently. However, if you notice something is wrong or not working, or any resources that should be added, please notify us in any of the "Leave a Comment" area.

Leave a Comment