Law 360
MARCH 4, 2022
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.
JURIST
OCTOBER 6, 2022
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 court further remanded the case back to a lower court for review of a Biden Administration regulation.
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Constitutional Law Reporter
MAY 30, 2023
Supreme Court’s decision in Axon Enterprise, Inc. Federal Trade Commission , 598 U.S. _ (2023), allows federal district courts to consider constitutional challenges to administrative proceedings prior to the issuance of final rulings. Cochran’s and Axon’s suits were both dismissed for lack of jurisdiction.
SCOTUSBlog
JUNE 1, 2021
Share The Supreme Court on Tuesday sided with the federal government in a dispute over when federal courts can treat asylum seekers’ testimony as credible. Alcaraz-Enriquez , the court rejected the approach of the U.S. Justice Neil Gorsuch wrote the opinion for the court. Dai and Garland v.
LawTechnologyToday
JUNE 21, 2021
The NFT will have to pass the Howey test, first described by the US Supreme Court in 1946. That is, of course, the SEC’s view (and not the Courts), but it no doubt sends alarms to those who think the Commission will turn a blind eye. Julian Pipolo is an Australasian lawyer working at a top-tier firm predominantly in administrative law.
FDA Law Blog
AUGUST 29, 2021
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.
FDA Law Blog
JANUARY 15, 2024
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. Petitioners moved to stay their Marketing Denial Orders pending review in Court. Though a Fifth Circuit merits panel refused, the Court granted rehearing.
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