ABA Journal

SEPTEMBER 27, 2023

We are in the midst of dramatic changes in many areas of constitutional law. Thirty years ago, I wrote the first edition of a constitutional law casebook. I have just completed the seventh edition, and never has so much changed from the prior edition or since I began writing the book.

Administrative Law 134

Administrative Law Constitutional Law Laws 134

Law 360

MARCH 4, 2022

Environmental Protection Agency has shed light on how the court's decision could significantly limit the federal government's efforts to address climate change, and reshape administrative law and the separation of powers, say Matthew Sinkman and Andrew Alessandro at Gibbons.

Administrative Law 40

Administrative Law Laws Court Decisions Government 40

ABA Journal

FEBRUARY 19, 2021

A former administrative law judge in New York has been censured for punching a legal aid lawyer outside a Manhattan party in October 2016. Robert…

Administrative Law 52

Administrative Law Lawyer Lawyers Laws 52

Law 360

JULY 5, 2024

Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

Administrative Law 105

Administrative Law Court Litigation Litigating 105

Law 360

JULY 23, 2024

The administrative law judge overseeing the Federal Trade Commission's in-house challenge to Kroger and Albertsons' $25 billion merger has given the agency and the grocery behemoths two extra days on a couple of filing deadlines after the FTC said the worldwide Microsoft outage left several counsel laptops unusable.

Administrative Law 78

Administrative Law Laws 78

Law 360

JUNE 28, 2024

By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys.

Administrative Law 105

Administrative Law Litigation Litigating Attorney 105

EvidenceProf Blog

AUGUST 2, 2023

Hebert Law Center seeks to hire multiple faculty for tenure-track or tenured positions. The Law Center has needs in a wide variety of areas, including but not limited to the following areas: administrative law, legal writing,

Administrative Law 130

Administrative Law Legal Legal Laws 130

JURIST

MAY 16, 2022

Cochran is a Fifth Circuit case about district courts’ power to hear challenges regarding the constitutionality of SEC’s administrative law proceedings. The SEC brought an action against Michelle Cochran in 2016 alleging she “failed to comply with auditing standards in violation of the Securities Exchange Act.”

Court 190

Court Administrative Law Constitutional Law Statute 190

Above The Law

JANUARY 18, 2024

Chevron isn't gone yet, but it doesn't look good for the case that's the foundation of administrative law. The post Remembering <em>Chevron</em> Deference appeared first on Above the Law.

Administrative Law 108

Administrative Law Laws Court 108

Law 360

MARCH 25, 2024

Department of Justice's Office of the Chief Administrative Hearing Officer against Walmart for alleged violations of immigration-related recordkeeping requirements, a Georgia federal judge ruled Monday, saying the office's administrative law judges unconstitutionally carry out federal law without presidential oversight.

Immigration 98

Immigration Administrative Law Government Laws 98

Law 360

MARCH 20, 2024

After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

Court 98

Court Administrative Law Legal Legal 98

Law 360

JUNE 6, 2024

The Federal Trade Commission urged an administrative law judge on Tuesday to require Kroger to fork over documents related to negotiations for its divestiture plan amid the commission's in-house challenge to the grocer's merger with Albertsons, saying Kroger's prior representations that it would produce the materials "have proven false."

Administrative Law 74

Administrative Law Laws 74

ABA Journal

JANUARY 4, 2024

And the docket for the current term is filled with major issues about controversial matters, such as abortion, administrative law, gun rights and the First Amendment and social media. The presidential election campaign of 2024 promises to be unlike any we have seen in American history, and it seems inevitable that the U.S.

Administrative Law 135

Administrative Law Court Laws 135

Law 360

JUNE 28, 2024

Securities and Exchange Commission's use of administrative courts is unlikely to help Walmart and SpaceX escape proceedings for alleged immigration-related violations, with the justices punting on the authority of administrative law judges.

Immigration 52

Immigration Administrative Law Court Decisions Court 52

Law 360

JULY 3, 2024

Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert. In its recent Jarkesy opinion, the U.S. Supreme Court limited the types of cases that can be tried before the U.S.

Administrative Law 52

Administrative Law Court Laws 52

ABA Journal

APRIL 12, 2022

Oregon’s chief administrative law judge is on unpaid leave as he faces child pornography allegations. Chief Administrative Law Judge John Michael Mann, 56, was arrested…

Administrative Law 98

Administrative Law Laws 98

Above The Law

JUNE 6, 2023

If the SEC wants to keep its administrative law judges, it might want to work a little harder to make the system at least look impartial. The post SEC’s IT Weakness May Prove Fatal To Its In-House Courtrooms appeared first on Above the Law.

Administrative Law 98

Administrative Law Laws Finance 98

ABA Journal

MAY 15, 2023

Oregon’s former top administrative law judge has been sentenced to 38 months in prison after his guilty plea to 10 counts of encouraging child sexual…

Administrative Law 98

Administrative Law Laws 98

Law 360

JUNE 21, 2023

Potential buyers and sellers in the telecom space should take note of the recent collapse of Standard General's attempted takeover of Tegna, which could not find its way out of a procedural maze created by the Federal Communications Commission's administrative law judge review, says Dennis Corbett at Telecommunications Law Professionals.

Administrative Law 98

Administrative Law Laws 98

JURIST

NOVEMBER 7, 2022

The court will decide whether the federal district courts have the ability to hear challenges against US Securities and Exchange Commission (SEC) proceedings, or whether those challenges must remain within the SEC’s administrative courts. Michelle Cochran was a public accountant working for the SEC.

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Court Administrative Law Laws 210

JURIST

MAY 19, 2022

SEC administrative law judge adjudicated the case and determined the petitioners were liable and ordered various remedies. Jarkesy and Patriot28 argued that the in-house judges, known as administrative law judges (ALJs), are insulated from removal.

Administrative Law 223

Administrative Law Court Laws 223

JURIST

SEPTEMBER 5, 2022

DCWP filed a complaint in the Office of Administrative Trials and Hearings, the city’s central, independent administrative law court. The DCWP , formed by the NYC Consumer Protection Law of 1969, seeks to “protect and enhance the daily economic lives of New Yorkers.”

Administrative Law 239

Administrative Law Laws Court 239

JURIST

JUNE 16, 2024

China justified its new coast guard rules claiming that they aim to streamline administrative law-enforcement procedures and maintain order at sea, with the Chinese defence minister recently warning of “limits” to Beijing’s restraint in the South China Sea.

Administrative Law 104

Administrative Law Laws Legal Legal 104

Law 360

MARCH 15, 2024

The effective date for proposed IRS rules on participation of long-term, part-time employees in retirement plans would violate administrative law if not changed in final regulations, an attorney speaking for a benefits organization told the agency and the U.S. Treasury Department at a hearing Friday.

Administrative Law 52

Administrative Law Attorney Laws 52

JURIST

MARCH 2, 2021

a case that intersects patent law, administrative law and the separation of powers. The justices seemed skeptical of the argument that the administrative patent judges were not principal officers. The US Supreme Court on Monday heard oral arguments Monday in United States v. Arthrex, Inc.,

Administrative Law 104

Administrative Law Court Statute Laws 104

Mondaq

DECEMBER 22, 2021

On December 13, 2021, the Fifth Circuit issued an en banc opinion in Cochran v. Securities & Exchange Commission et al., finding that the Securities Exchange Act of 1934 does not strip.

Administrative Law 40

Administrative Law Laws Court 40

JURIST

NOVEMBER 4, 2022

An administrative law judge ruled that the challengers lacked sufficient evidence to prove that Greene engaged in the January 6 insurrection. The voters cited the Challenge Statute of the Fourteenth Amendment, which allows eligible voters to file a pre-election challenge to a candidate’s qualifications for state or federal office.

Court 221

Court Administrative Law Statute Laws 221

Law 360

OCTOBER 25, 2022

Starbucks asked a National Labor Relations Board administrative law judge on Tuesday to dismiss a case accusing interim CEO Howard Schultz of illegally promising benefits to nonunion stores, arguing that the NLRB and the union that has organized hundreds of stores are seeking to set an "inescapable unfair labor practice trap" for the Seattle-based (..)

Administrative Law 98

Administrative Law Laws 98

JURIST

MARCH 9, 2022

In a 24-page letter , members of the House Subcommittee on Antitrust, Commercial, and Administrative Law called upon US Attorney General Merrick Garland to investigate allegations that Amazon officials deliberately misled the Judiciary Committee during an inquiry into the competitive practices of tech giants Amazon, Apple, Google and Facebook.

Administrative Law 222

Administrative Law Attorney Laws 222

Law 360

DECEMBER 19, 2023

Department of Labor administrative law judges' appointments unconstitutional, an engineering company said Tuesday, asking the full appeals court to step in. A Fourth Circuit panel departed from U.S. Supreme Court precedents when it refused to deem two U.S.

Administrative Law 52

Administrative Law Court Laws 52

Law 360

JULY 19, 2023

The Federal Trade Commission's only administrative law judge tacitly acknowledged the limits of agency in-house merger challenges Wednesday, noting that the federal court lawsuits ostensibly brought only to preserve the status quo while in-house proceedings play out nevertheless usually decide a transaction's ultimate fate.

Administrative Law 75

Administrative Law Court Laws 75

JURIST

OCTOBER 6, 2022

The post DACA program illegal under administrative law, US appeals court says appeared first on JURIST - News. Mayorkas said that he was “ deeply disappointed by today’s DACA ruling and the ongoing uncertainty it creates for families and communities across the country.”

Administrative Law 222

Administrative Law Court Laws Immigration 222

Law 360

JANUARY 31, 2024

and the National Labor Relations Board have failed to reach a mid-hearing deal to end their fight over the firing of a Twitter engineer who urged colleagues to defy CEO Elon Musk's return-to-the-office-or-resign demand, according to an administrative law judge who quipped Wednesday that they got about "as close as trying to get to Mars."

Administrative Law 52

Administrative Law Laws 52

Law 360

APRIL 28, 2023

The administrative law judge reviewing two interim questions tied to Standard General's planned $8.6 billion takeover of broadcaster Tegna has ordered the proceeding held in abeyance, pending the companies' decision on the deal's fate because there's not enough time to finish the review before the merger's May termination date.

Administrative Law 72

Administrative Law Laws 72

Mondaq

JULY 22, 2022

On June 9, 2022, the California Office of Administrative Law approved the Department of Financial Protection and Innovation's final regulations implementing California's first-of-its-kind commercial.

Finance 75

Finance Administrative Law Laws 75

SCOTUSBlog

MARCH 1, 2021

Saul involves a surprisingly basic question of administrative law: when claimants in an administrative process (Social Security in this case) must raise a particular issue before the agency if they wish to preserve their right to raise that issue on. Wednesday’s argument in Carr v.

Administrative Law 115

Administrative Law Laws 115

Law 360

AUGUST 29, 2023

Supreme Court case that could spell the end of administrative law courts, urging the nation's highest court to reverse a lower court ruling that the agency says could prevent it from protecting investors against potentially harmful conduct. Securities and Exchange Commission has filed its opening brief in a U.S.

Administrative Law 52

Administrative Law Court Court Rules Laws 52