JURIST

MARCH 2, 2021

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. The US Supreme Court on Monday heard oral arguments Monday in United States v. Arthrex, Inc.,

Administrative Law 104

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SCOTUSBlog

APRIL 22, 2021

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.

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Law 360

AUGUST 9, 2022

Congress never intended federal district courts to hear constitutional challenges to administrative law proceedings like those before the U.S. Securities and Exchange Commission and the Federal Trade Commission, and allowing those courts to do so would be a waste of judicial resources, government attorneys told the U.S.

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JURIST

JUNE 18, 2021

Preceding Jamal’s appointment, the Liberal government formed a non-partisan advisory board led by former Progressive Conservative Prime Minister Kim Campbell. Jamal previously taught constitutional law at McGill University in Montreal, Quebéc, and administrative law at Osgoode Hall in Toronto.

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LettersBlogatory

DECEMBER 8, 2022

KBR Government Operations. The Defense Base Act is a federal statute that gives a worker’s compensation-like benefit to employees of US government and military contractors injured at work overseas. If so, is the administrative law judge a judicial authority? The case of the day is Begisholli v.

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JURIST

OCTOBER 6, 2022

The government asserts that DACA is a policy statement rather than a substantive rule, which requires stricter implementation procedures under the Administrative Procedure Act (APA). The post DACA program illegal under administrative law, US appeals court says appeared first on JURIST - News.

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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. In argument and briefing, the government contended that the 9th Circuit approach violated standards of federal court review. Dai and Garland v.

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Gravel2Gavel

JUNE 22, 2021

environmental and administrative law cases recently decided. However, because they sometimes wield enormous decisional power, several cases have been filed regarding the constitutionality of ALJs in many governments including the SEC and the Social Security Administration. by Anthony B. SUPREME COURT.

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Law 360

JUNE 8, 2021

workers based on their citizenship by hoarding thousands of jobs for temporary visa holders, an administrative law judge has ruled, finding that the Executive Office for Immigration Review is the correct forum for the federal government's allegations. Facebook Inc. must face claims that it discriminated against U.S.

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JURIST

FEBRUARY 25, 2021

The government argued that the agency handling asylum cases determined that evidence that did not speak to the credibility of the asylum seekers’ claims undermined their persuasiveness. Administrative law generally was also featured during the arguments. Wilkinson v.

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SCOTUSBlog

APRIL 23, 2021

In this case, for example, the claimants in agency proceedings from 2013 to 2015 did not know that a 2018 decision of the Supreme Court would invalidate the SSA’s process for appointing administrative law judges, and so they did not complain about that process before the agency.

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SCOTUSBlog

MAY 11, 2022

This week they’re replaced by three new relists, all involving government petitions in one way or another. Both cases arise in the context of administrative proceedings brought by independent enforcement agencies against regulated parties — Axon by the Federal Trade Commission, and Cochran by the Securities and Exchange Commission.

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SCOTUSBlog

JUNE 24, 2021

Garland , 20-979 , which seems a likely grant, because the government, as respondent, agrees that there is a circuit split and review is warranted on one of the questions presented. The 11th Circuit also held that noncitizens are inadmissible even if their misrepresentation of citizenship is immaterial to the government benefit sought.

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SCOTUSBlog

JUNE 6, 2022

First, she addressed the government’s argument that the relevant law is an administrative law not subject to the Constitution’s bankruptcy clause. She also rejected the idea that the need for local variation should permit different fees in different parts of the country.

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Broadcast Law Blog

MAY 6, 2023

Cathy McMorris Rodgers sent a joint letter to FCC Chairwoman Rosenworcel asking the FCC to provide detailed information about, among other things, the circumstances surrounding and the FCC’s rationale for designating the matter for hearing.

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SCOTUSBlog

NOVEMBER 8, 2022

The two cases involve substantively identical statutes that govern challenges to final orders issued by the FTC and the SEC. Several of the justices sounded firmly and irrevocably opposed to the government’s argument that the district courts cannot hear these cases. We don’t have a cease-and-desist order here.

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SCOTUSBlog

JULY 30, 2021

Under this system, intervention on the side of a private party requires showing only that the existing parties will inadequately represent the intervenor’s position; however, when intervening on the side of the government, a presumption that the government will adequately represent the intervenor’s position must be overcome.

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Customs & International Trade Law

MAY 27, 2022

The Commission has also determined to refer this matter to the Chief Administrative Law Judge (“CALJ”) for assignment to an administrative law judge (“ALJ”) for appropriate proceedings and an initial advisory opinion (“IAO”). Trade News.

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Laws Administrative Law Government 98

SCOTUSBlog

DECEMBER 26, 2023

If a government official punishes someone because of their pure speech, that person may have a strong case to sue for retaliation in violation of their constitutional rights. United States 23-310 Issue : Whether the administrative law principles articulated in Kisor v. A list of all petitions we’re watching is available here.

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Gravel2Gavel

JUNE 30, 2021

This is a brief account of some of the important environmental and administrative law cases recently decided. The City government had already come to a sufficient regulatory conclusion, and the Constitution does not require additional processing. by Anthony B. SUPREME COURT . City and County of San Francisco.

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SCOTUSBlog

JANUARY 14, 2023

Under the INA, a withholding-of-removal applicant must show they are likely to be persecuted in the country to which the government will send them. However, the government can rebut this presumption by showing that the applicant’s life or freedom would not be threatened in the removal country due to their membership in a protected group.

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Constitutional Law Reporter

FEBRUARY 8, 2024

The Court’s Chevron decision established a bedrock principle of administrative law. Texas : The Fifth Amendment government taking case involves when property owners can sue for compensation. The two most closely watched involve whether the Court should overrule its landmark decision in Chevron v. 837 (1984).

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SCOTUSBlog

APRIL 18, 2022

George’s petition asserted that the board’s 1977 decision had rested on a “clear and unmistakable error” because the board had failed to correctly apply the “presumption of sound condition” required by a different provision of the statute governing veterans’ benefits.

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ClimateChange-ClimateLaw

NOVEMBER 12, 2023

For example, Law 1931 of 2018 establishes clear rules that govern public and private entities’ actions regarding climate change, as well as the cooperation between national, regional and local authorities in implementing climate change adaptation measures and GHG emissions’ mitigation action. 29 Subsections 3 and 4).

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FDA Law Blog

AUGUST 29, 2021

The federal government does its own version of rebranding with each change in administration. As a matter of administrative law, the Brand Memo made good sense from the perspective of FDA-regulated industry, as we described here. Sometimes they do it with great fanfare; sometimes it is done quietly and incrementally.

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LexForti

NOVEMBER 25, 2021

The concept of ‘ fit and proper ’ in corporate laws are just as alluding as the qualifying authority of ‘ reasonableness ’ in constitutional and administrative laws. The key idea behind such criteria application is to increase corporate governance standards, and thereby investor protection and economy preservation.

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Administrative Law Government Laws 52

FDA Law Blog

MAY 31, 2023

In the second notice the DEA Administrator is issuing an Order granting the 90-day effective date from publication of the Final Decision. The government, while opposing the stay, stated it was willing to enter settlement discussions. Thus, the DEA Administrator has given the parties 90 days to work something out.

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Patently O

JULY 10, 2022

That complaint was then decided against Correll an Administrative Law Judge and issued a 5-year suspension from practice. Here, the district court also concluded that “[t]he government has a direct and substantial interest in patent applications.” Drew Hirshfeld in his role as agency head affirmed the ALJ finding.

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SCOTUSBlog

JANUARY 6, 2023

The technicians in this case had been unionized for 45 years when the Guard, in effect, terminated its collective-bargaining relationship with their union, the American Federation of Government Employees, Local 3970, AFL-CIO. The case begins with a common “union avoidance” narrative.

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Patently O

JUNE 20, 2023

government focused on protecting domestic industry against undue foreign competition. The ITC’s power extends in to several areas, but primarily by enforcing the laws of (1) intellectual property rights; (2) anti-dumping; and (3) countervailing duties. The International Trade Commission (ITC) is a branch of the U.S.

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LexForti

JULY 30, 2021

In the end, a conclusion is drawn highlighting the positive approach of the Indian courts towards the enforceability of administrative directions. Keywords: Administrative directions, Administrative law, Executive, Enforceability, Indian judiciary. Introduction. In the case of Delux Land Organisers V. Akhilesh C.

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Court Administrative Law Government Laws 52

LawTechnologyToday

SEPTEMBER 7, 2023

Julie founded Standd after over a decade practicing law, mostly as a trial attorney at the U.S. At DOJ, Julie served in the Tax Division, Civil Division, and Federal Programs Branch, where she handled cases raising complex regulatory and administrative law questions in federal trial and appellate courts across the US.

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Broadcast Law Blog

MARCH 27, 2022

See our post on the Broadcast Law Blog for more information, and read the audit letter setting out all the requirements for the audit response and the list of audited stations, here. A felony conviction involving lying to another government agency will normally trigger such a review.

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Patently O

FEBRUARY 21, 2024

Even if not determinative, airing criticism, gathering diverse perspectives, and requiring a reasoned response uphold good governance norms and the model of administrative law. To be clear, I believe the Federal Circuit followed administrative law precedent here, and I raise the issue just to recognize the power of the USPTO.

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ClimateChange-ClimateLaw

JUNE 21, 2023

But that has not deterred the South African government from planning to add 1500 MW of new coal-fired power between 2023 to 2027. Rather than challenging individual authorisations for individual projects – so-called downstream challenges – the litigants have directly challenged the government’s plans to procure new coal-fired power.

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Litigation Litigating Lawyer Lawyers 101

ClimateChange-ClimateLaw

JANUARY 22, 2024

In an opinion that is currently under appeal in the Third Circuit, the Middle District court held that, because the federal government has authority to determine transmission system needs and potential solutions, a state cannot deny a siting permit based on its own determination that a project is not needed. FERC Order No.

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SCOTUSBlog

MARCH 30, 2023

The Magnuson-Stevens Act governs the management of fisheries in federal waters and provides that the National Marine Fisheries Service may require vessels to carry federal observers onboard to enforce agency regulations to prevent overfishing. That brings us to this week’s sole new relist: Loper Bright Enterprises v.

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