JURIST

FEBRUARY 3, 2021

The Administrative Court of Paris on Wednesday held that the French state is “responsible” for failing to take sufficient measures to halt climate change and for failing to meet its greenhouse gas emission targets.

Government 291

Government Court Court Rules Legal 291

JURIST

JUNE 28, 2024

The US Supreme Court ruled on Friday that courts must exercise independent judgment in assessing an agency’s statutory authority. The Supreme Court did not decide on the facts of Loper. The Loper court disagreed, finding that “ Chevron was a judicial invention that required judges to disregard their statutory duties.”

Stare Decisis 223

Stare Decisis Court Court Rules Litigation 223

ABA Journal

NOVEMBER 29, 2023

If I had to pick a case as the potential “sleeper” of the term—a case which is not getting a great deal of attention but that could have a huge impact—I’d select Securities and Exchange Commission v. Jarkesy, scheduled for argument Nov.

Administrative Law 139

Administrative Law Laws Court 139

SCOTUSBlog

APRIL 2, 2025

Share The Supreme Court on Wednesday largely upheld the Food and Drug Administrations denials of two companies applications to sell flavored liquids for use in e-cigarettes. Court of Appeals for the 5th Circuit set aside the FDAs denial of the two companies applications. The full U.S.

Manufacturing 111

Manufacturing Administrative Law Court Laws 111

JURIST

AUGUST 16, 2021

The Bombay High Court on Friday stayed two provisions of India’s Information Technology Rules (“the Rules” or “Rules”) intended to regulate publishers of digital content such as social media intermediaries, OTT (Over-the-top) platforms, and online news and current affairs websites.

Technology 239

Technology Court Government Legal 239

JURIST

MAY 19, 2022

The US Court of Appeals for the Fifth Circuit Wednesday held that the Security and Exchange Commission’s (SEC) in-house adjudication violated the petitioner hedge fund manager’s Seventh Amendment right to a jury trial. Jarkesy and Patriot28 then appealed the decision to federal court.

Administrative Law 223

Administrative Law Court Laws 223

JURIST

JANUARY 19, 2023

The US Supreme Court Wednesday heard oral arguments in Perez v. An administrative judge dismissed Perez’s ADA claim on the grounds that the judge lacked jurisdiction to hear it. The suit was dismissed due to Mr. Perez’s failure to utilize all administrative remedies before filing suit. Sturgis Public Schools.

Court 222

Court Laws Education Litigation 222

Law 360

APRIL 24, 2025

Securities and Exchange Commission's administrative law judges' legitimacy moves the forum deeper into a constitutional limbo that likely requires congressional action, says Dean Conway at Carlton Fields. Department of Justice's recent departure from its prior defense of the U.S.

Administrative Law 52

Administrative Law Laws Court 52

Law 360

JULY 5, 2024

Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

Administrative Law 105

Administrative Law Court Litigation Litigating 105

JURIST

MARCH 2, 2021

The US Supreme Court on Monday heard oral arguments Monday in United States v. 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. Arthrex, Inc.,

Court 104

Court Administrative Law Statute Laws 104

SCOTUSBlog

NOVEMBER 27, 2023

Court of Appeals for the 5th Circuit accepted all three arguments and invalidated three aspects of the SEC’s operations. Within that framework, the public rights doctrine is the doctrine that allows administrative agencies, operating without a jury, to impose monetary penalties.

Cause of Action 145

Cause of Action Court Administrative Law Statute 145

FDA Law Blog

APRIL 11, 2025

Hull Last month, we blogged on the Department of Justices (DOJ) abrupt announcement that it had determined that removal restrictions protecting administrative law judges (ALJs) were unconstitutional and that DOJ would no longer defend those removal restrictions in court. The Court granted DOJs motion to dismiss.

Court 52

Court Administrative Law Litigation Litigating 52

JURIST

SEPTEMBER 5, 2022

DCWP filed a complaint in the Office of Administrative Trials and Hearings, the city’s central, independent administrative law court. The DCWP , formed by the NYC Consumer Protection Law of 1969, seeks to “protect and enhance the daily economic lives of New Yorkers.”

Administrative Law 239

Administrative Law Laws Court 239

Law 360

MARCH 20, 2024

After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

Court 98

Court Administrative Law Legal Legal 98

SCOTUSBlog

JUNE 28, 2024

Share In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretion of ambiguous laws. Court of Appeals for the District of Columbia Circuit.)

Court 145

Court Statute Cause of Action Legal 145

JURIST

FEBRUARY 25, 2021

The US Supreme Court heard arguments in the consolidated cases Wilkinson v. Administrative law generally was also featured during the arguments. Justice Neil Gorsuch questioned the expanse of federal court review. Dai and Wilkinson v. Alcaraz-Enriquez on Tuesday. ” Wilkinson v.

Court 117

Court Immigration Administrative Law Government 117

JURIST

DECEMBER 13, 2021

The Danish Court of Impeachment, or Rigsretten, Monday sentenced former Danish immigration minister Inger Støjberg to 60 days in prison. As immigration minister, Støjberg was responsible for administrating and enforcing Danish immigration law during the 2015 European migration crisis.

Immigration 232

Immigration Administrative Law Laws Legal 232

JURIST

JANUARY 18, 2021

The Indian Supreme Court on Monday issued notice in a petition challenging the All India Bar Examination Rules 2010 which require an advocate to qualify for the All India Bar Examination (AIBE) within two years after enrolment to a State Bar Council. Bar Council of India and Indian Council of Legal Aid & Advice v. Bar Council of India.

Bar Exam 118

Bar Exam Court Administrative Law Constitutional Law 118

Above The Law

MARCH 19, 2025

The JAA would extend the same basic workplace protections that apply to most other workers, to judiciary employees who support the daily functioning of our courts; and it would ensure that judges who interpret federal anti-discrimination laws, are themselves subject to them. Many thought LAPs Clerkships Database couldnt be done.

Law School 127

Law School Legal Technology Solution Legal Legal 127

JURIST

JUNE 29, 2021

A Brazilian Supreme Court ( Supremo Tribunal Federal ) justice, on Thursday, issued an order revoking the passport of former Environment Minister Ricardo Salles. The post Brazil Supreme Court revokes passport of ex-Environmental Minister amid illegal timber sale investigations appeared first on JURIST - News - Legal News & Commentary.

Court 104

Court Administrative Law Legal Legal 104

JURIST

FEBRUARY 14, 2023

The US National Labor Relations Board (NLRB) ruled Monday that Starbucks violated federal labor laws by firing two workers who were planning to organize a union at a Philadelphia store in 2020. Starbucks has the ability to appeal the decision to the US Court of Appeals for the Third Circuit.

Administrative Law 197

Administrative Law Legal Legal Laws 197

SCOTUSBlog

JUNE 6, 2022

Justice Sonia Sotomayor’s brief opinion for the court treated the case as a simple one. First, she addressed the government’s argument that the relevant law is an administrative law not subject to the Constitution’s bankruptcy clause. Accordingly, the opinion finds the framework permitting the disparity impermissible.

Court 102

Court Statute Administrative Law Laws 102

Law 360

MARCH 4, 2022

Supreme Court in West Virginia v. Environmental Protection Agency has shed light on how the court's decision could significantly limit the federal government's efforts to address climate change, and reshape administrative law and the separation of powers, say Matthew Sinkman and Andrew Alessandro at Gibbons.

Administrative Law 40

Administrative Law Laws Court Decisions Government 40

Law 360

JUNE 16, 2022

Supreme Court's landmark doctrine requiring judicial deference to federal regulators survived a major health care case at the high court Wednesday, but the controversial bedrock of administrative law barely escaped the conservative justices' frying pan and is heading right back into their fire, experts say.

Administrative Law 75

Administrative Law Court Laws 75

JURIST

MARCH 5, 2021

The US Supreme Court heard oral arguments in the consolidated cases of Davis v. The circuit courts in both Davis (Eighth Circuit) and Carr (Tenth Circuit) chose to maintain the general rule that an issue must be raised by the claimant before the agency in order to seek judicial review on that issue. Saul and Carr v.

Court 80

Court Administrative Law Legal Legal 80

ClimateChange-ClimateLaw

FEBRUARY 27, 2025

In the 2018 case, the plaintiffs were found not to have standing because their interest in not suffering damage from climate change was not considered an individual interest to be protected (see Japanese Courts Admit the Operation of New Coal-Fired Power Plants in Kobe for more discussion). Kobe Steel Ltd.,

Litigating 103

Litigating Litigation Construction Tort 103

Law 360

JUNE 28, 2024

By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys.

Administrative Law 105

Administrative Law Litigation Litigating Attorney 105

Patently O

JULY 24, 2024

Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Consider first stare decisis and the Court’s overruling of Chevron deference (i.e. Guest post by Arti K.

Stare Decisis 53

Stare Decisis Administrative Law Construction Laws 53

Patently O

MARCH 6, 2025

Unlike district courts, the ITC cannot award monetary damages but instead provides exclusion orders that block infringing imports at the border and cease-and-desist orders that prevent domestic sales of previously imported infringing products.

Administrative Law 52

Administrative Law Court Laws 52

JURIST

NOVEMBER 7, 2022

The US Supreme Court Monday heard oral arguments in Axon Enterprise, Inc. Axon filed proceedings in federal district court claiming that agency proceedings violate its due process rights. ” Stewart argued that the FTC Act review provisions authorizes courts of appeals to review final commission orders.

Court 118

Court Cause of Action Statute Legal 118

SCOTUSBlog

APRIL 22, 2024

Share Union organizing efforts at Starbucks probably are the most protracted labor dispute of the decade, and on Tuesday the Supreme Court will hear argument in a closely watched case arising from the company’s firing of seven employees at a Memphis branch. The NLRB responded by filing an administrative complaint.

Court 121

Court Government Legal Legal 121

SCOTUSBlog

APRIL 22, 2021

Share The Supreme Court on Thursday ruled against the federal government and in favor of people seeking Social Security benefits on a procedural issue about administrative “exhaustion” requirements. The court ruled 9-0 that claimants need not raise all of their specific issues before the agency.

Administrative Law 106

Administrative Law Statute Court Rules Government 106

JURIST

OCTOBER 3, 2022

He reminded his audience that “it was in our 2019 Manifesto that we laid out what we will update in the Human Rights Act and administrative law to ensure that there is a proper balance between the rights of individuals, our vital national security and effective government.”.

Laws 183

Laws Government Legal Services Immigration 183

SCOTUSBlog

JUNE 1, 2021

Share The Supreme Court on Tuesday sided with the federal government in a dispute over when federal courts can treat asylum seekers’ testimony as credible. Alcaraz-Enriquez , the court rejected the approach of the U.S. Justice Neil Gorsuch wrote the opinion for the court. Dai and Garland v.

Immigration 145

Immigration Government Administrative Law Court Decisions 145

JURIST

MARCH 2, 2022

The Administrative Court in Cologne Tuesday ruled that key provisions of the amended Network Enforcement Act (NetzDG), aimed at curbing online hate speech, violate European Union law on civil liberties. The ruling delivered a partial victory to Google and Meta that had challenged the new law in February last year.

Laws 104

Laws Court Constitutional Law Legal 104

SCOTUSBlog

APRIL 23, 2021

Share The Supreme Court on Thursday firmly rejected the government’s request that the court impose an “issue-exhaustion” requirement on Social Security claimants. Saul ), all parties agreed that those claimants must take their claims first to the Social Security Administration – and these claimants did that.

Administrative Law 106

Administrative Law Statute Litigation Litigating 106

Above The Law

JANUARY 18, 2024

Chevron isn't gone yet, but it doesn't look good for the case that's the foundation of administrative law. The post Remembering <em>Chevron</em> Deference appeared first on Above the Law.

Administrative Law 110

Administrative Law Laws Court 110