SCOTUSBlog

NOVEMBER 7, 2022

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. VCR is a government nursing facility in Indiana owned by petitioner Health and Hospital Corp., Background. a municipal entity.

Stare Decisis 88

Stare Decisis Statute Court Contract 88

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. I would suggest compensation as a distinguishing mark applies for the parallel statute 18 U.S.C. §

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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. Under the statute, an agency must publish notice of proposed rules prior to them becoming law.

Administrative Law 44

Administrative Law Legal Legal Court 44

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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Immigration Court Government Statute 77

Patently O

DECEMBER 18, 2023

A decision favoring the petitioner would also be seen as bolstering the Administrative Procedure Act’s notice and comment requirements. The best place to begin any analysis is probably with the statute. The key trademark statute followed by the USPTO is the 1946 Lanham Act. ” 15 U.S.C. 1051(a)(2). 37 C.F.R. §

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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.

Manufacturing 52

Manufacturing Government Laws Administrative Law 52

Constitutional Law Reporter

NOVEMBER 20, 2023

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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Statute Construction Contract Court 52

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!

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Laws Law School Government Legal 98

SCOTUSBlog

NOVEMBER 29, 2021

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.

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Statute Construction Court Administrative Law 97

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.

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Immigration Court Government Laws 79

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.

Administrative Law 107

Administrative Law Laws Statute Government 107

SCOTUSBlog

MAY 18, 2023

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. Somewhat surprisingly, the court took both the case the government recommended, Jackson v. FDIC , involving separation of powers and administrative law claims. First up is Calcutt v.

Administrative Law 76

Administrative Law Court Depositions Contract 76

Patently O

DECEMBER 26, 2023

With no action from the White House, Apple now faces a federal government order to halt imports and sales of Apple Watch Series 9 and Ultra 2 devices because it incorporates light-based pulse oximetry technology covered by the claims of Masimo’s U.S. But, eBay only applies in district court cases, and does not apply to USITC decisions.

Administrative Law 117

Administrative Law Government Statute Technology 117

ClimateChange-ClimateLaw

DECEMBER 11, 2023

Ultimately, the SEC will have to anticipate these types of legal challenges in finalizing a durable rule. When the SEC initially proposed the rule, the Supreme Court had not yet embraced the Major Questions Doctrine (MQD), a new doctrine that constrains the function of the administrative state. Other legal challenges have also arisen.

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SCOTUSBlog

JANUARY 16, 2024

The stakes in the case are high: The challengers argue that the current deferential standard is unconstitutional, while the Biden administration contends that overturning the existing doctrine would be a “convulsive shock to the legal system.” The doctrine at the center of the case is known as the Chevron doctrine.

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SCOTUSBlog

NOVEMBER 29, 2022

Share The Supreme Court heard oral argument on Tuesday in a challenge to a Biden administration policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation. District Judge Drew Tipton agreed with the states that the policy violates federal law and vacated it nationwide. William Hennessy).

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Immigration Government Court Administrative Law 107

ClimateChange-ClimateLaw

MARCH 13, 2023

municipalities face from climate change, the special role that federal vehicle emissions regulations play in protecting municipal public health, and the threat that Petitioners’ radical interpretation of the major questions doctrine poses to the day-to-day operations of state and local governments. Last year, local governments in the U.S.

Manufacturing 55

Manufacturing Government Court Administrative Law 55

ClimateChange-ClimateLaw

JULY 2, 2021

The third-party complaint asserted that while the plaintiffs’ claims were meritless, Statoil, “as well as potentially the many other sovereign governments that use and promote fossil fuels,” must be joined as third-party defendants. Chevron filed similar notices of withdrawal in other cases brought by California localities.

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ClimateChange-ClimateLaw

OCTOBER 19, 2023

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. Following the West Virginia decision, analysis of the MQD has proliferated as legal scholars grapple with the doctrine’s lack of definition. Env’t Prot.

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Statute Court Government Administrative Law 81