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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).

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Federal Court Limits State Authority to Deny Interstate Transmission Projects

ClimateChange-ClimateLaw

States, however, retain primary authority over “ siting, permitting, and construction ” of most transmission lines. Under the Federal Power Act (FPA), the Federal Energy Regulatory Commission (FERC) has authority to regulate “ the transmission of electric energy in interstate commerce.” FERC Order No.

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

ClimateChange-ClimateLaw

Colombia ’s Legal Climate Framework Colombia’s climate change laws are extensive and align with its open commitment to fight climate change and its devastating effects. Among the main legal statutes are: Law 164 of 1994 on the UNFCCC. Law 629 of 2000 on the Kyoto Protocol. Law 1523 of 2012 on risk management.

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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.

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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. That doctrine, first applied in 1984 in Chevron U.S.A. The Chevron analysis involves two steps.

Statute 96
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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.