Agency regulations are full of examples. Regulated parties and their advisors parse the examples to develop an understanding of the applicable law and to determine how to conduct their affairs. However, the theoretical literature contains no study of regulatory examples or of how they might be interpreted. Courts differ about whether examples serve as an independent source of law. There is uncertainty about the proper role of this frequently used regulatory tool.
Susan C. Morse & Leigh Osofsky,
Regulating by Example,
Yale J. on Reg.
Available at: https://digitalcommons.law.yale.edu/yjreg/vol35/iss1/3