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‘La Acción de Cumplimiento’ as a Legal Mechanism to Implement Colombian Climate Change Laws

ClimateChange-ClimateLaw

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.

Legal 77
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Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

Both cases present the question whether statutes that authorize appellate courts to review final agency adjudications implicitly strip district courts of jurisdiction over constitutional challenges to those proceedings. The next two relists raise a related question: whether a habeas corpus statute, 28 U.S.C. Federal Trade Commission.

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Fraudulent Incontestability Declarations: Textual Fidelity vs. Fraud Deterrence

Patently O

Stark reversed the TTAB’s cancellation order, finding the statute only permits cancellation for fraudulent acts taken while obtaining the registration , not for establishing incontestability. The dispute here involves two adjacent provisions of the Federal Trademark statute known as the Lanham Act of 1946 (as amended).

Statute 62
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SCOTUS to Determine Future of Chevron Deference

Constitutional Law Reporter

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.

Statute 52
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Money for safety-net hospitals at stake in dispute over Medicare payment formula

SCOTUSBlog

The Chevron doctrine, a pillar of administrative law, also looms large in the case. Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. Entitled to” Medicare is a legal status for individuals who meet specified requirements, such as turning 65.

Statute 99
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Allegations of racial bias in a death penalty trial

SCOTUSBlog

Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. In Securities and Exchange Commission v. The case is sufficiently similar to Axon Enterprise, Inc. Breckon , pending the outcome in Jones.

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Justice Breyer as administrative law pragmatist

SCOTUSBlog

He is coauthor of a casebook on administrative law and has written many articles on that subject. There has never been any mystery about the jurisprudential premises of Justice Stephen Breyer’s approach to issues of public law. Similarly, in Lucia v. Breyer has always displayed ambivalence toward this doctrine.