Also known as:federal regulation · CFR · Code of Federal Regulations
Written by attorneys · grounded in primary & secondary sources — see below
Administrative rules issued by federal agencies to implement statutes and carry out regulatory programs. These rules carry the force of law when properly promulgated and can establish standards of conduct, preempt conflicting state measures, or define the scope of federal authority over private and governmental actors.
Sources & Authorities
How it applies
Common Examples
6
State Employee Wage Dispute
Flagship Logistics, a state-contracted carrier, must pay its drivers overtime under a federal regulation extending the Fair Labor Standards Act to state entities. When state officials refuse compliance, claiming traditional governmental functions, the court upholds the regulation because states participate in the federal political process through their senators and representatives. The drivers recover back wages, and the state adjusts its payroll practices accordingly.
Group Home Permit Denial
Cleburne Living Center applies for a zoning permit to open a supervised residence for thirteen adults with intellectual disabilities. City officials demand a special use permit under local rules that treat such homes like hospitals for the insane. The court invalidates the requirement because it discriminates in violation of equal protection.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Restatements
Dictionaries
City of Cleburne, Texas, et al. v. Cleburne Living Center, Inc., et al.473 U.S. 432, 105 S. Ct. 3249, 87 L. Ed. 2d 313 (1985)
Merger Discussion Disclosure
Basic Inc. executives discuss a possible acquisition in preliminary talks. When shareholders later sue for nondisclosure, the court applies federal regulations under Rule 10b-5 to determine whether the discussions were material. Because the talks remained speculative, the company avoids liability for failing to disclose them earlier.
Basic Inc. v. Levinson485 U.S. [224], at 238 1988
Campaign Finance Restriction
Frontier Capital, a corporation, seeks to run issue advertisements close to an election. Federal regulations under the Bipartisan Campaign Reform Act bar such spending by corporations. The court upholds the limits because they prevent corruption and its appearance in the electoral process.
McConnell v. Federal Election Commission540 U.S. 93, 226–27 (2003)
Unlawful Search Claim
Federal narcotics agents enter Fabian Flynn's apartment without a warrant and seize evidence. Flynn sues the agents directly for the Fourth Amendment violation. The court recognizes an implied cause of action for damages arising from the constitutional violation.
Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971)
Nuclear Licensing Challenge
Vermont Yankee Nuclear Power Corp. seeks a license to operate a new reactor. Environmental groups demand additional procedures beyond those in federal regulations. The court holds that agencies need only follow the procedures required by statute and their own valid regulations, rejecting judicially imposed extras.
Vermont Yankee Nuclear Power Corp. v. Nat. Res. Def. Council, Inc.467 U.S. 837, 843, 104 S. Ct. 2778, 2781, 81 L. Ed. 2d 694 (1984)
Common questions
Frequently Asked
3
When may a court adopt a federal regulation as the standard of care in a negligence action?+
A court may adopt the regulation when it was designed to protect a class of persons that includes the plaintiff and the injury is of the type the rule seeks to prevent. The inquiry focuses on the regulation's protective purpose rather than the plaintiff's subjective knowledge or reliance. Once adopted, the jury decides whether the defendant violated the rule and whether that violation caused the harm.
Do federal regulations automatically preempt state law under the Supremacy Clause?+
Federal regulations preempt state law when Congress or the implementing statute clearly intends to occupy the field or when compliance with both is impossible. Courts examine the text, structure, and purpose of the federal regime, including any savings clauses or legislative history. A treaty-implementing regulation may still leave room for state health measures if the accord expressly preserves them.
Can a later-recorded covenant burden a preexisting right-of-way created under federal regulations?+
No. A covenant created by a fee owner after the grant of a superior right-of-way cannot diminish the earlier interest. The covenant may bind the fee estate but cannot cut back the prior easement rights.
424 U.S. 319 (1976)Constitutional Law
…mental impairment. 42 U.S.C. § 423. [^maj-2]: The procedures for termination are set forth in the Secretary's regulations. 20 CFR § 404.1590 et seq. (1975). Mathews v. Eldridge <!-- acedexams opinion md v1 -- Case information - Court: Supreme Court of the United States - Docket No.: No. 74-204 -…
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