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Justices' Climate Ruling May Transform Administrative Law

Law 360

Supreme Court in West Virginia v. 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.

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DACA program illegal under administrative law, US appeals court says

JURIST

The US Court of Appeals for the Fifth Circuit Wednesday ruled that the Deferred Action for Childhood Arrivals (DACA) program was properly deemed illegal in a lower court decision last year. The post DACA program illegal under administrative law, US appeals court says appeared first on JURIST - News.

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Justices unanimously rule against asylum seekers on question of credibility

SCOTUSBlog

The government argued that the 9th Circuit’s rule allowed federal courts to reject agency decisions even when not compelled to do so. The asylum seekers, meanwhile, argued that administrative law principles supported the lower court’s approach. Check back soon for in-depth analysis of the opinion.

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NFTs And The Law: What Do I Actually Own?

LawTechnologyToday

Most likely, it will take a couple of room-clearing court decisions to help owners and litigants navigate their waters. Julian Pipolo is an Australasian lawyer working at a top-tier firm predominantly in administrative law. If that is proven true, it will bring along with it a raft of securities legislation.

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DOJ Re-Brands Guidance Documents

FDA Law Blog

As a matter of administrative law, the Brand Memo made good sense from the perspective of FDA-regulated industry, as we described here. The memorandum cites the 2019 Supreme Court decision, Kisor v. This policy, announced by then Associate Attorney General Rachel Brand in 2018 was referred to as the Brand Memo.

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Supreme Court Greenlights Pre-enforcement Challenges to FTC and SEC Proceedings

Constitutional Law Reporter

In such actions where the Commission elects to institute administrative proceedings to address statutory violations, it typically delegates the initial adjudication to an Administrative Law Judge (ALJ) with authority to resolve motions, hold a hearing, and then issue a decision.

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The Most Engaging Decision You’ll Read All Year – Five Stars

FDA Law Blog

Koblitz — You know a court decision is going to be worth reading when the judges compare FDA’s regulatory governance of flavored e-cigarettes to a Shakespearean gaslighting. But administrative law does not turn on such infinitesimal possibilities.” By David B. Clissold & Sara W.