SCOTUSBlog

APRIL 22, 2024

Now, to be clear, the legal issue in this case has little to do with the propriety of Starbucks’ opposition to the union organizers. The case here involves administrative proceedings under the National Labor Relations Act. The legal question for the justices is crisp and easy to explain.

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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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LettersBlogatory

DECEMBER 8, 2022

KBR Government Operations. It comes out of a corner of the legal world that was utterly unknown to me a year ago. 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. The case of the day is Begisholli v.

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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

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

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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Statute Stare Decisis Government Contract 106

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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Patently O

JULY 10, 2022

The Federal Circuit has agreed that Kevin Correll’s 5-year suspension from patent law practice should move forward. Unfortunately, the per curiam decision appears poorly reasoned and seems to lack sufficient legal grounding. Vidal (Fed. 2022) ( non-precedential ). The panel included Chief Judge Moore, and Judges Prost and Hughes.

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Patently O

FEBRUARY 21, 2024

Chestek centered around amendments made to trademark regulations in 2019 requiring that applicants provide their domicile address, defined as their permanent legal residence or principal place of business — mailing address is insufficient. licensed counsel. Chestek at 8 (Quoting JEM Broadcasting Co. 3d 320 (D.C.

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SCOTUSBlog

JANUARY 14, 2023

The noncitizens appearing before them face a host of daunting challenges — language barriers, financial strain, lack of legal assistance, and years-long delays — before they can entertain any hope of resolving their immigration status. However, the board also found that the government had successfully rebutted this presumption.

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LexForti

JULY 30, 2021

The paper discusses the benefits of administrative directions in the present legal system, and analyse various judgments to gain an insight on the enforceability of these directions. While doing so, a timeline is drawn which shows the position taken by the court with respect to issues arising from administrative directions.

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SCOTUSBlog

FEBRUARY 4, 2022

Breyer’s pragmatic record as a justice can be understood by examining the variety of legal jobs he had before becoming a justice, which honed his pragmatic view. Although he was a tenured Harvard law professor, his area of expertise was administrative law, one of the more pragmatic fields. The pragmatist.

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SCOTUSBlog

NOVEMBER 7, 2022

VCR is a government nursing facility in Indiana owned by petitioner Health and Hospital Corp., A state administrative law judge found one late-2016 transfer to have violated FNHRA and ordered Talevski returned to VCR; the family chose to move him to a different facility. a municipal entity. Congress, the U.S.

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Customs & International Trade Law

APRIL 22, 2022

The report finds what ACE reduced government processing times by more than 90%! As of April 19, 2022, the FDA has issued warning letters to 12 companies for selling over-the-counter (OTC) skin lightening products containing hydroquinone that do not meet the requirements to be legally sold as OTC drugs.

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Laws Manufacturing Administrative Law Drafting 90

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.

Litigation 101

Litigation Litigating Lawyer Lawyers 101

Customs & International Trade Law

DECEMBER 2, 2022

Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. .

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Customs & International Trade Law

NOVEMBER 25, 2022

Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. .

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Document Review Administrative Law Legal Legal 40

ClimateChange-ClimateLaw

APRIL 18, 2024

C ategorical differences between KlimaSeniorinnen and Court’s existing environmental case law ‘KlimaSeniorinnen’ had thus exhausted all domestic remedies. This indicates that not only democracy but also litigation to compel governments to reduce GHG emissions is fraught with obstacles. 545; see also paras.

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JonathanTurley

JUNE 12, 2022

In January, I wrote a column criticizing the legal position of the National Labor Relations Board (NLRB) in favor of Whole Food workers seeking to wear Black Lives Matter (BLM) symbols or clothing at work. The question is whether the government can require companies to allow speech deemed unacceptable or offensive.

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Patently O

DECEMBER 18, 2023

While the Lanham Act does not define “domicile,” the USPTO’s 2019 rulemaking defined it as the “permanent legal place of residence of a natural person or the principal place of business of a juristic entity.” Boundy ultimately contends such omissions reflect a consistent pattern of administrative law violations in recent PTO rulemakings.

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Statute Attorney Small Business Administrative Law 44

Customs & International Trade Law

MAY 13, 2022

On May 10, 2022, the Federal Maritime Commission ( Commission ) published that they are seeking public comment on proposed modifications to its rules governing Carrier Automated Tariffs through this notice of proposed rulemaking (NPRM). All property and interests in property subject to U.S. jurisdiction of this entity is blocked, and U.S.

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Laws Manufacturing Administrative Law Government 97

Customs & International Trade Law

OCTOBER 28, 2022

Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. . Limited (‘‘Top Golf’’) in default.

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JURIST

JULY 18, 2023

This decision came as part of the attempted judicial reform that the current coalition government has been trying to pass. It sparked mass protests in January , due to fears that the proposed bills will limit judicial oversight of government decisions and weaken judicial independence.

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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. But administrative law does not turn on such infinitesimal possibilities.” By David B. Clissold & Sara W.

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ClimateChange-ClimateLaw

AUGUST 8, 2023

5] For the reasons discussed below, more firms – and their legal and other advisers– should follow them. Corporate and securities law – as well as companies and their leaders acting through lobbying and politics – also have major roles to play. [9] Academic readers of this blog should too! 2] See, e.g., Jacqueline M.

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Laws Law School Government Legal 98

SCOTUSBlog

MARCH 31, 2023

To enforce these laws, Congress created the SEC. It granted the agency the power to regulate investors through either lawsuits in federal court or internal hearings in front of an administrative law judge, or ALJ. A divided three-judge panel issued its decision in May of last year, nearly a decade after the legal battle began.

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Constitutional Law Reporter

NOVEMBER 20, 2023

The Court’s decision in Chevron is one of the most frequently cited administrative law decisions. Issues Before the Supreme Court In Relentless, Inc. In Loper Bright Enterprises v. Raimondo , the D.C. Circuit deferred to the Department of Commerce’s interpretation of the Magnuson-Stevens Act.

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SCOTUSBlog

JUNE 29, 2023

Rahimi , which involves a petition for review by the federal government, strikes me as a particularly likely candidate for review. The federal government now asks the justices to weigh in on the case, arguing that the domestic violence ban is constitutional. Legal Services Alabama, Inc. , That last case, United States v.

Immigration 78

Immigration Court Government Laws 78

Customs & International Trade Law

NOVEMBER 4, 2022

Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. . 731–TA–860 (Final). .

Administrative Law 52

Administrative Law Laws Manufacturing Government 52

JonathanTurley

JULY 11, 2023

” It turns out she might have been more accurate than she thought — because Fauci legally may have been just a “regular guy” giving out billions without authority. What is equally baffling is that the House informed the administration that it was presumptively in violation of federal law.

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Customs & International Trade Law

MAY 20, 2022

International Trade Commission has determined to review in part a final initial determination (“ID”) issued by the presiding administrative law judge (“ALJ”), finding no violation of section 337 of the Tariff Act of 1930. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S.

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Laws Construction Administrative Law Legal 98

JURIST

OCTOBER 3, 2022

Speaking to a Policy Exchange forum, he declared that in Britain “we have something very proud of, which is a world-leading legal profession. Legal Services in this country actually are fundamental to everything we do across a wide range of areas.”

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SCOTUSBlog

NOVEMBER 29, 2021

The Chevron doctrine, a pillar of administrative law, also looms large in the case. Entitled to” Medicare is a legal status for individuals who meet specified requirements, such as turning 65. But statutory interpretation isn’t the only issue at stake in Empire Health , which will be argued on Monday. paid) by Medicare.

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SCOTUSBlog

FEBRUARY 10, 2022

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.

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Administrative Law Laws Statute Government 106

SCOTUSBlog

MAY 18, 2023

Somewhat surprisingly, the court took both the case the government recommended, Jackson v. FDIC , involving separation of powers and administrative law claims. The court’s grant suggests the court may be poised to narrow the scope of standing for members of Congress to sue to enforce statutes. First up is Calcutt v.

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Administrative Law Court Depositions Contract 74

JURIST

AUGUST 16, 2021

The provisions in question, Rules 9(1) and (3), were issued by the central government in February and pertains to the so-called code of ethics for publishers of online content. The post India court stays new technology rules for violating free speech appeared first on JURIST - News - Legal News & Commentary.

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Customs & International Trade Law

OCTOBER 21, 2022

USITC has determined not to review two initial determinations (‘‘IDs’’) of the presiding administrative law judge (‘‘ALJ’’): (1) Order No. USITC hereby give notices that on October 7, 2022, the presiding administrative law judge (‘‘ALJ’’) issued an Initial Determination on Violation of Section 337.

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Manufacturing Technology Administrative Law Laws 52