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. However, if the statutory language is ambiguous, the court turns to step two. In 2020, the U.S.

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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. The FCC itself will not routinely assess contract claims, leaving those determinations to state courts.

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Constitutional Law Reporter

NOVEMBER 20, 2023

Supreme Court has now granted certiorari in two cases challenging the continued viability of its long-standing decision in Chevron v. The two cases, which will be heard sometime in January, both ask the Court to overrule or at least curtail so-called “Chevron deference.” Supreme Court’s decision in Chevron U.S.A.

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Statute Construction Contract Court 52

Broadcast Law Blog

APRIL 9, 2023

At the same time, the United States Court of Appeals for the D.C. Circuit dismissed Standard’s direct appeal of the HDO (finding that there was not yet a final FCC action for Standard to appeal) but set for expedited briefing Standard’s request for a writ of mandamus (a Court order forcing the FCC to act on the pending application).

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Construction Administrative Law Education Legal 89

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. for Intell. Raimondo , 603 U.S. 837 (1984).

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Broadcast Law Blog

APRIL 29, 2023

The NAB filed a petition with the US Court of Appeals for a “writ of mandamus” to force the FCC to resolve its 2018 Quadrennial Review. As we wrote on our Broadcast Law Blog , the FCC started its 2022 Quadrennial Review in December despite not having concluded its 2018 review.

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Drafting Construction Administrative Law Laws 87

Conflict of Laws

JULY 11, 2021

From the Italian Recovery and Resilience Plan to the guidelines of the Italian Ministry of Justice, the urgency of a reform to strengthen out-of-court dispute resolution procedures clearly emerges. In this article, the author argues that these court orders are against the above-mentioned Legislative Decree.

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Patently O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. HowToUseGuidance.pdf.

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Lawyer Lawyers Administrative Law Laws 56

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

The ‘ Acción de Cumplimiento ’ The ‘ Acción de Cumplimiento ’ is a unique legal mechanism enshrined in Article 87 of the Colombian Constitution and further developed by Law 393 of 1997. Anyone can file this type of lawsuit challenging both public and private parties if there is a clear obligation or duty in a law or administrative act.

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Patently O

OCTOBER 18, 2023

The case also raises important issues associated with our ever-more-powerful administrative state. Although US courts are empowered by equity to counteract fraud on the system, administrative agencies are typically much more limited in their actions. ” On this point, the court distinguished the case of Torres v.

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SCOTUSBlog

JANUARY 24, 2022

Share The Supreme Court on Monday morning issued orders from the justices’ private conference on Friday, Jan. One involves the power of federal district courts; the other tests the scope of the Clean Water Act. Court of Appeals for the 9th Circuit upheld that decision.

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Broadcast Law Blog

APRIL 2, 2023

Action continued this week on the FCC’s Media Bureau’s hearing designation order referring questions about Standard General Broadcasting’s proposed acquisition of the TEGNA broadcast stations to an Administrative Law Judge (ALJ) for an evidentiary hearing.

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Construction Finance Administrative Law Court 102

SCOTUSBlog

FEBRUARY 10, 2022

Orthwein distinguished professor of law at Washington University in St. 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.

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Patently O

JUNE 17, 2024

The court concluded that the APA inherently includes an exception for procedural requirements and so the USPTO was not required to follow notice-and-comment rulemaking when promulgating the trademark applicant home-address rule, because the court deemed it to be a procedural rather than substantive rule exempt from those APA requirements.

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ClimateChange-ClimateLaw

JULY 2, 2021

Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.

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Court Litigation Litigating Statute 49

ClimateChange-ClimateLaw

OCTOBER 19, 2023

In the year since the Supreme Court embraced the “major questions doctrine” (MQD), industry and Republican state attorneys general have argued that federal regulations ranging from stricter vehicle emissions standards to climate change disclosures must be struck down under its banner. Env’t Prot.

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SCOTUSBlog

DECEMBER 31, 2020

The Supreme Court on Thursday released the calendar for its February argument session, which begins on Feb. Innovation Law Lab , a challenge to the Trump administration’s “remain in Mexico” policy, which allows the Department of Homeland Security to return immigrants seeking asylum to Mexico while they wait for an asylum hearing in U.S.

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The Crime Report

OCTOBER 23, 2023

Criminologically speaking, how does a schism exist between his 2024 supporters who believe in Trump’s persecution by the state and those who oppose the habitually corrupt former president’s third run for POTUS as Trump continues to provoke violence in violation of court orders not to?

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SCOTUSBlog

FEBRUARY 1, 2022

Court of Appeals for the District of Columbia Circuit, to fill the vacancy left by the retirement of Justice Stephen Breyer, he will take his mission to diversify professional representation to the next level, putting a former federal public defender on the highest court in the land. Sentencing Commission. Sentencing Commission.

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