Administrative Law Court Stare Decisis 
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.
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.”
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SCOTUSBlog
NOVEMBER 7, 2022
Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. of Marion County v.
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).
SCOTUSBlog
MAY 20, 2022
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings.
SCOTUSBlog
MAY 11, 2022
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The United States is easily the most successful petitioner before the Supreme Court, winning review in over 70% of the cases in which it files a cert petition. Court of Appeals for the 9th Circuit affirmed.
SCOTUSBlog
APRIL 18, 2022
Court of Appeals for the Federal Circuit reached the same conclusion a year later, holding that “the government must show … both a preexisting condition and a lack of in-service aggravation to overcome the presumption of soundness.” In particular, George points to House and Senate committee reports that endorse case law from the U.S.
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