JURIST

MAY 16, 2022

Both of these cases were added to the 2022-2023 docket. The appeals court’s decision was based on the petitioner’s failure to show § 2255’s inadequacy or ineffectiveness in “testing the legality of his detention”, which it held was a “prerequisite in his case to habeas relief.” ” Jones v.

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Court Administrative Law Constitutional Law Statute 190

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

So far, the country has adopted several laws to strengthen the legal framework towards achieving these goals. These suits were brought forward through a unique legal mechanism called ‘ Acción de Cumplimiento ’ (roughly translated as compliance action). Among the main legal statutes are: Law 164 of 1994 on the UNFCCC.

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Legal Legal Laws Government 77

SCOTUSBlog

JANUARY 16, 2024

The stakes in the case are high: The challengers argue that the current deferential standard is unconstitutional, while the Biden administration contends that overturning the existing doctrine would be a “convulsive shock to the legal system.” The doctrine at the center of the case is known as the Chevron doctrine.

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Stare Decisis Court Statute Government 145

Constitutional Law Reporter

NOVEMBER 20, 2023

837 (1984), courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The Court’s decision in Chevron is one of the most frequently cited administrative law decisions. In Loper Bright Enterprises v.

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Statute Construction Contract Court 52

ClimateChange-ClimateLaw

AUGUST 8, 2023

The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023, [1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation. [2] It went into effect in January 2023 and will be phased in over the next five years.

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Laws Law School Government Legal 98

Patently O

OCTOBER 18, 2023

18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. The dispute here involves two adjacent provisions of the Federal Trademark statute known as the Lanham Act of 1946 (as amended). Lets look at the statute. Chutter, Inc. ,

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Statute Attorney Sports Court 63

Patently O

DECEMBER 26, 2023

In early 2023, an ITC administrative law judge (ALJ) issued its initial determination that Apple was in violation of Section 337 of the 1930 Tariff Act by importing/selling the watches using. Under the statute, the exclusion order then goes to the US President who has power to veto the the exclusion order. 3d 1559 (Fed.

Administrative Law 118

Administrative Law Statute Government Technology 118