Remove 2023 Remove Administrative Law Remove Legal Remove Statute
article thumbnail

US Supreme Court grants certiorari for two cases regarding federal district courts’ jurisdiction

JURIST

Both of these cases were added to the 2022-2023 docket. The appeals court’s decision was based on the petitioner’s failure to show § 2255’s inadequacy or ineffectiveness in “testing the legality of his detention”, which it held was a “prerequisite in his case to habeas relief.” ” Jones v.

Court 190
article thumbnail

Supreme Court strikes down Chevron, curtailing power of federal agencies

SCOTUSBlog

Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. Kagan predicted that Friday’s ruling “will cause a massive shock to the legal system.”

Court 145
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

‘La Acción de Cumplimiento’ as a Legal Mechanism to Implement Colombian Climate Change Laws

ClimateChange-ClimateLaw

So far, the country has adopted several laws to strengthen the legal framework towards achieving these goals. These suits were brought forward through a unique legal mechanism called ‘ Acción de Cumplimiento ’ (roughly translated as compliance action). Among the main legal statutes are: Law 164 of 1994 on the UNFCCC.

Legal 80
article thumbnail

Fraudulent Incontestability Declarations: Textual Fidelity vs. Fraud Deterrence

Patently O

18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. The dispute here involves two adjacent provisions of the Federal Trademark statute known as the Lanham Act of 1946 (as amended). Lets look at the statute. Chutter, Inc. ,

Statute 64
article thumbnail

The Battle Over Domicile Disclosure by Trademark Applicants

Patently O

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. §

Statute 45
article thumbnail

New California Legislation Would Be a Major Step Forward for Climate Disclosure

ClimateChange-ClimateLaw

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] It went into effect in January 2023 and will be phased in over the next five years.

Laws 98
article thumbnail

Customs and Trade Law Weekly Snapshot

Customs & International Trade Law

Customs and Border Protection announced that the Voluntary Qualified Importer Program (VQIP) application portal for fiscal year (FY) 2023 benefits will close on May 31, 2022. The complaint, as supplemented, further alleges that an industry in the United States exists as required by the applicable Federal Statute. On May 5, 2022, U.S.

Laws 97