Judicial review of executive lawmaking

In the past few weeks, we've had students looking for presidential memoranda or presidential determinations and (of course) executive orders. But they're also tasked with finding out which of these memoranda, determinations, executive orders (etc.) would have been challenged in federal courts.

We have strategies for finding the presidential materials, in CFR Title 3, FR's Weekly [and now, Daily] Compilation of Presidential Documents, Public Papers of the President, and US Code Congressional and Administrative News. We can learn which  Executive Orders are still in effect by consulting the Disposition Tables maintained by NARA. 

But for gray zone materials -- like determinations and memoranda -- figuring out which occasioned judicial review can be harder. CRS Reports, Law Reviews, case law are options. 

Our friends in the Law School Library suggest Shepard's Code of Federal Regulations Citations as well. Except for the current issues, past volumes need to be requested from the Depository. Online searching can be done on the full version of LexisNexis and on Westlaw. Because undergraduates have limited options for accessing these resources, however,  we may want to recommend a consult with a Law librarian. 

If the bound volumes of the citator don't suffice, the Kennedy School Library may be the place to send them for their LexisNexis full version searching. LexisNexis Academic only seems to permit shepardizing of state and federal case law and law review articles.  

Hat tip to Terri Gallagher O'Rourke (Law) for this information.