Justice Breyer as administrative law pragmatist

SCOTUSBlog

Orthwein distinguished professor of law at Washington University in St. He is coauthor of a casebook on administrative law and has written many articles on that subject. The post Justice Breyer as administrative law pragmatist appeared first on SCOTUSblog.

“Supreme Court Justice Stephen Breyer’s legacy in administrative law”

HowAppealing

“Supreme Court Justice Stephen Breyer’s legacy in administrative law”: This audio segment featuring law professor Adrian Vermeule appeared on this evening’s broadcast of NPR’s “All Things Considered ”

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US Supreme Court holds issue exhaustion not required in Social Security administrative law judge hearings

JURIST

The US Supreme Court Thursday held that Social Security disability claimants are not bound by the issue-exhaustion requirement in administrative law judge (ALJ) hearings. Uncategorized administrative law judges Carr v.

“The Conservative Supreme Court Has Arrived: From abortion and religion to guns and administrative law, ‘I don’t think Justice Thomas has ever had a better term,’ leading appellate litigator Paul Clement says.”

HowAppealing

“The Conservative Supreme Court Has Arrived: From abortion and religion to guns and administrative law, ‘I don’t think Justice Thomas has ever had a better term,’ leading appellate litigator Paul Clement says.” ” Nicholas Tomaino has this essay in today’s edition of The Wall Street Journal

Immigration, takings, administrative law and the kitchen sink

SCOTUSBlog

When Patel later sought to adjust his status to lawful permanent resident and obtain a green card, a divided panel of the Board of Immigration Appeals denied him relief, holding that he is inadmissible because he “falsely represented” himself as a U.S. citizen for a benefit under state law.

Justices' Climate Ruling May Transform Administrative Law

Law 360

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 Recent oral argument before the U.S. Supreme Court in West Virginia v.

US Supreme Court grants certiorari for two cases regarding federal district courts’ jurisdiction

JURIST

Cochran is a Fifth Circuit case about district courts’ power to hear challenges regarding the constitutionality of SEC’s administrative law proceedings. Uncategorized administrative law certiorari certiorari granted Domestic Firearm Possession habeas corpus jones v.

Former administrative law judge is censured for punching a lawyer outside a party

ABA Journal

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…

Legal 52

Law Library Research Seminars – Earn Digital Badge & Recognition Letter

C|M|LAW Library

The C|M|Law Library provides numerous Legal Research Seminars to help you develop your research skills. Law Library Legal Research Seminars are available online as a “Course” on the Westlaw TWEN platform.

France court finds government liable for climate change inaction

JURIST

The Administrative Court of Paris on Wednesday held that the French state is “responsible” for failing to take sufficient measures to halt climate change and for failing to meet its greenhouse gas emission targets.

India court stays new technology rules for violating free speech

JURIST

The Bombay High Court on Friday stayed two provisions of India’s Information Technology Rules (“the Rules” or “Rules”) intended to regulate publishers of digital content such as social media intermediaries, OTT (Over-the-top) platforms, and online news and current affairs websites.

Brush Up Research Skills with Law Library Legal Research Seminars

C|M|LAW Library

The C|M|Law Library provides numerous Legal Research Seminars to help you get up to speed. C|M|Law students may also complete the quiz accompanying each Legal Research Seminar to earn points.

NAACP Lawsuit Contends Parkway Project Negatively Affects Residents

LegalReader

Pennsylvania parkway project will unjustly affect Black residents, NAACP contends in new lawsuit.

Germany administrative court holds new online hate speech regulation violates EU law

JURIST

The Administrative Court in Cologne Tuesday ruled that key provisions of the amended Network Enforcement Act (NetzDG), aimed at curbing online hate speech, violate European Union law on civil liberties. Any appeal would be decided by the Muenster Higher Administrative Court.

United States: Fifth Circuit Holds District Court Has Jurisdiction To Hear Constitutional Challenge To SEC Administrative Law Judges - Jones Day

Mondaq

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

US Supreme Court considers appointment of patent judges

JURIST

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.

US Supreme Court rules administrative patent judge powers violate appointments clause

JURIST

Arthrex that the America Invents Act gives powers to Administrative Patent Judges (APJs) that are inconsistent with the appointments clause of the US Constitution. The US Supreme Court ruled 5-4 on Monday in United States v.

US Supreme Court hears arguments in Social Security cases

JURIST

Both cases seek to address the issue of whether a claimant seeking disability benefits under the Social Security Act must first raise an issue before the Social Security Administration (SSA) if they wish to raise that issue on a judicial review of the SSA’s final decision. The US Supreme Court heard oral arguments in the consolidated cases of Davis v. Saul and Carr v. Saul on Wednesday.

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Analyzing The Enforceability Of Administrative Directions In The Indian Courts

LexForti

In the paper, the author dwells upon the enforceability of the administrative direction in the Indian courts. Administrative directions have remained an important tool in the hands of the executive to fill up the gaps present in the law. Need for Administrative Direction.

Top Oregon administrative judge faces pornography allegations

ABA Journal

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…

Bid to block Rep. Marjorie Taylor Greene from ballot fails after state judge rules in her favor

ABA Journal

An administrative law judge in Georgia ruled Friday that there is insufficient evidence to show that Republican U.S. Marjorie Taylor Greene of Georgia engaged…

Another FCC Broadcast Case Designated for Hearing – With Much Different Stakes

Broadcast Law Blog

If the case goes to trial, the administrative law judge (called an “ALJ”) will determine the facts with respect to each of the designated issues and whether those facts lead to the ultimate conclusion that conduct was so bad that the license should be revoked. FCC Fines FM Translators and LPFM General FCC License Renewal administrative law judge designation for hearing FCC lack of candor FCC misrepresentations sinclair tribune transaction

In Review: SCOTUS Environmental and Administrative Decisions in the 2020 Term

Gravel2Gavel

This review will concentrate on environmental and administrative law cases. by Anthony B. Cavender. Several decisions of interest were issued in the 2020 term, which stretched from October 2020 until early July 2021.

Justices to weigh issue exhaustion for Social Security claimants

SCOTUSBlog

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.

Chevron Deference Still Feels Heat After High Court Reprieve

Law 360

Supreme Court's landmark doctrine requiring judicial deference to federal regulators survived a major health care case at the high court Wednesday, but the controversial bedrock of administrative law barely escaped the conservative justices' frying pan and is heading right back into their fire, experts say The U.S.

A Court-Side Seat: Permit Shields, Hurricane Harvey and the Decriminalization of “Incidental Taking”

Gravel2Gavel

This is a brief review of some of the significant environmental (and administrative law decisions) released the past few weeks. On April 22, 2021, the Court decided two important administrative law cases: Carr, et al. by Anthony B. Cavender. THE U.S. SUPREME COURT. Saul and AMG Capital Management v. Federal Trade Commission. Continue Reading ›. Environmental EPA U.S. Supreme Court

United States: California Approves Commercial Financing Disclosure Regulations - Sheppard Mullin Richter & Hampton

Mondaq

On June 9, the California Office of Administrative Law (OAL) approved the Department of Financial Protection and Innovation's (DFPI) proposed commercial financing disclosure regulations issued pursuant to SB 1235

Fifth Circuit holds SEC in-house adjudicatory process violates right to jury trial

JURIST

SEC administrative law judge adjudicated the case and determined the petitioners were liable and ordered various remedies. The SEC is only able to conduct the adjudicatory process because Congress delegated power to the SEC to enforce securities laws.

United States: PGR Estoppel Continues To Be Broad And Onerous, PTAB Litigation Blog - Jones Day

Mondaq

An ITC Administrative Law Judge (ALJ) recently issued an initial determination holding that PGR estoppel prevented GMG Products LLC (Respondent) from raising two prior-art products in the ITC

Justices dubious about imposing issue exhaustion on Social Security claimants by judicial order rather than administrative regulation

SCOTUSBlog

Securities and Exchange Commission, which held that the process for appointing administrative law judges for the SEC violated the Constitution’s appointments clause. Thursday’s argument in Carr v. Saul follows on the Supreme Court’s 2018 decision in Lucia v.

Justices reject issue-exhaustion requirement for Social Security claimants

SCOTUSBlog

Share The Supreme Court on Thursday ruled against the federal government and in favor of people seeking Social Security benefits on a procedural issue about administrative “exhaustion” requirements.

A Court-Side Seat: Coal-Fired Limitations, the Search for a Venue Climate Change and New Agency Rules that May or May Not Stick Around

Gravel2Gavel

This is a brief review of recent significant environmental and administrative law rulings and developments. With the change in presidential administrations, the fate of at least some of the newly promulgated rules is uncertain. By Anthony B. Cavender.

Justice Ketanji Brown Jackson

Patently-O

She does not have substantial patent law experience, but does have extensive experience handling administrative law cases based upon her time as a Federal District Court Judge and Appellate Judge, both in the District of Columbia.

5th Circ. Says SEC's Court Is Unconstitutional. Now What?

Law 360

Securities and Exchange Commission's in-house courts are unconstitutional has legal experts wondering whether the decision could not only upend the role of administrative law judges, but also strike at the heart of the agency's powers A Fifth Circuit ruling that the U.S.

US lawmakers refer Amazon to DOJ for obstruction of Congress

JURIST

A bipartisan group of US lawmakers Wednesday urged the Department of Justice (DOJ) to open an investigation into Amazon for obstruction of Congress.