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Justices' Climate Ruling May Transform Administrative Law

Law 360

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.

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Justices' SEC Ruling Unlikely To Bear On Immigration Actions

Law 360

Supreme Court's decision reining in the U.S. Securities and Exchange Commission's use of administrative courts is unlikely to help Walmart and SpaceX escape proceedings for alleged immigration-related violations, with the justices punting on the authority of administrative law judges.

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DACA program illegal under administrative law, US appeals court says

JURIST

The US Court of Appeals for the Fifth Circuit Wednesday ruled that the Deferred Action for Childhood Arrivals (DACA) program was properly deemed illegal in a lower court decision last year. The post DACA program illegal under administrative law, US appeals court says appeared first on JURIST - News.

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NFTs And The Law: What Do I Actually Own?

LawTechnologyToday

the “others” who will bear securities law liability). Most likely, it will take a couple of room-clearing court decisions to help owners and litigants navigate their waters. Julian Pipolo is an Australasian lawyer working at a top-tier firm predominantly in administrative law. So, Beeple’s art won’t pass the test.

Laws 140
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Supreme Court Decision Raises Big Questions About SEC’s Authority

Intelligize Blog

Have you heard about the big Supreme Court decision that came down a couple weeks ago? For roughly 40 years, administrative law in the United States has adhered to the Chevron doctrine, so named for the Supreme Court’s ruling in Chevron U.S.A., The high court’s 6-3 ruling fell along ideological lines.

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Justices unanimously rule against asylum seekers on question of credibility

SCOTUSBlog

The government argued that the 9th Circuit’s rule allowed federal courts to reject agency decisions even when not compelled to do so. The asylum seekers, meanwhile, argued that administrative law principles supported the lower court’s approach. Check back soon for in-depth analysis of the opinion.

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DOJ Re-Brands Guidance Documents

FDA Law Blog

As a matter of administrative law, the Brand Memo made good sense from the perspective of FDA-regulated industry, as we described here. The memorandum cites the 2019 Supreme Court decision, Kisor v. This policy, announced by then Associate Attorney General Rachel Brand in 2018 was referred to as the Brand Memo.