Patently O

JULY 2, 2024

In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules. ” 5 U.S.C. § Iancu , 138 S.

Stare Decisis 49

Stare Decisis Statute Construction Administrative Law 49

Patently O

OCTOBER 18, 2023

2022-1212 (Fed. Stark reversed the TTAB’s cancellation order, finding the statute only permits cancellation for fraudulent acts taken while obtaining the registration , not for establishing incontestability. Lets look at the statute. by Dennis Crouch In the trademark case of Great Concepts, LLC v. Chutter, Inc. ,

Statute 64

Statute Attorney Sports Court 64

SCOTUSBlog

JANUARY 20, 2022

At this Friday’s conference, the Supreme Court will thus begin the process of considering what cases to review next fall during October Term 2022. In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Next up is Texas v. 10 and Jan.

Statute 104

Statute Court Education Administrative Law 104

FDA Law Blog

DECEMBER 3, 2023

Each phase-in program requires the manufacturer to have had a Coverage Gap Discount Program agreement in effect in 2021, and only covers applicable drugs that have been in the market as of August 16, 2022 (i.e., had Part D expenditures on or before August 16, 2022). 1395w-114c(e). Final Guidance at 52-53. 1395w-114c(e)(1).

Manufacturing 105

Manufacturing Calendaring Statute Administrative Law 105

Constitutional Law Reporter

DECEMBER 14, 2022

1983 ; and (2) whether, assuming spending clause statutes ever give rise to private rights enforceable via Section 1983, the Federal Nursing Home Amendments Act of 1987 ’s transfer and medication rules do so.” Axon Enterprise, Inc. Norfolk Southern Railway Co.:

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

Colombia ’s Legal Climate Framework Colombia’s climate change laws are extensive and align with its open commitment to fight climate change and its devastating effects. Among the main legal statutes are: Law 164 of 1994 on the UNFCCC. Law 629 of 2000 on the Kyoto Protocol. Law 1523 of 2012 on risk management.

Legal 82

Legal Legal Laws Government 82

ClimateChange-ClimateLaw

AUGUST 8, 2023

The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023, [1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation. [2] Victor, Fixing the Climate: Strategies for an Uncertain World (2022).

Laws 98

Laws Law School Government Legal 98

Customs & International Trade Law

OCTOBER 28, 2022

DOC on October 11, 2022, published a notice in the Federal Register, in which Commerce amended its notice of final results for the 2020 administrative review of the countervailing duty (CVD) order on certain softwood lumber products (softwood lumber) from Canada. United States Department of Commerce (DOC).

Manufacturing 52

Manufacturing Government Laws Administrative Law 52

SCOTUSBlog

JANUARY 16, 2024

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable. Loper-Bright came to the Supreme Court in November 2022, asking justices to review the D.C.

Stare Decisis 145

Stare Decisis Court Statute Government 145

ClimateChange-ClimateLaw

MARCH 13, 2023

In 2021 the Biden Administration reversed the Trump-era rollbacks and instituted the strictest-ever vehicle GHG emissions standards in a move aimed at preventing 3.1 In 2022, Texas, along with several other states and industry groups representing fuel manufacturers (together, Petitioners), challenged EPA’s new emissions standards in court.

Manufacturing 58

Manufacturing Government Court Administrative Law 58

SCOTUSBlog

OCTOBER 28, 2024

The 5th Circuit initially ruled that the provisions of the law giving the authority the power to make rules were unconstitutional under a theory known as the private nondelegation doctrine – the idea that the government cannot delegate its powers to private entities – because they gave the private group too much power.

Laws 120

Laws Court Sports Administrative Law 120

ClimateChange-ClimateLaw

OCTOBER 19, 2023

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. The challenge of meeting changing conditions in administrative law is known as the pacing problem: scientific and technological developments will nearly always outstrip the pace of government oversight.

Statute 85

Statute Court Government Administrative Law 85