SCOTUSBlog

JUNE 27, 2022

Empire Health Foundation, the Supreme Court had yet another chance to topple the Chevron doctrine , a stalwart of administrative law under which courts generally defer to federal agencies’ interpretations of ambiguous statutes. Share On Friday, in Becerra v. Apparently, though, a single earth-shattering decision was enough for one day.

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Government Statute Court Drafting 104

Patently O

MAY 23, 2022

These efforts helped to persuade ITC administrative law judges to implement Markman hearings. The draft of the U.S. This draft is undergoing review. The trade secret project is close to fruition and we hope to release a draft this summer. We welcome comments from the Patently-O community on any aspects.

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Case Management Litigation Litigating Drafting 67

Customs & International Trade Law

APRIL 22, 2022

On April 15, 2022, the FDA published a draft guidance for industry on developing drugs to treat celiac disease, “Celiac Disease: Developing Drugs for Adjunctive Treatment to a Gluten-Free Diet.” The top three deficits through February of this year were with Nicaragua at $84.41 million, Italy at $72.54 million, and France at $67.39

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Laws Manufacturing Drafting Administrative Law 90

FDA Law Blog

DECEMBER 3, 2023

Below, we provide a high-level summary of the Final Guidance, focusing on the legal and regulatory updates from the May 2023 draft guidance. We do not address the technical and administrative details of the Discount Program here. The manufacturer will have 60 days to appeal the CMP before an administrative law judge (ALJ).

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Manufacturing Calendaring Statute Drafting 105

ClimateChange-ClimateLaw

AUGUST 8, 2023

23] The draft rule required them only if they are determined to be “material,” which has led to a considerable amount of confusion. [24] Orts, Reflexive Environmental Law, 89 Northwestern University Law Review 1227 (1995); Dennis D. Scope 3 emissions are those from its supply chain, both upstream and downstream. [22]

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Laws Law School Government Legal 98

Broadcast Law Blog

FEBRUARY 26, 2023

The FCC released a draft Further Notice of Proposed Rulemaking (“FNPRM”) that, if adopted as scheduled at the FCC’s March 16 open meeting, would formally propose to extend the FCC’s existing audio description requirements for broadcast television to DMAs below the top 100 (i.e., local broadcasters to innovate and thrive. DMAs 101-210).

Calendaring 82

Calendaring Drafting Administrative Law Education 82

Customs & International Trade Law

OCTOBER 1, 2022

International Trade Commission (USITC) has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.)

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Small Business Administrative Law Court Drafting 52

SCOTUSBlog

JANUARY 16, 2024

In an article published in 2014, law professor Thomas Merrill suggested that the Chevron decision was not regarded as a particularly consequential one when it was issued. But in the decades since then, it became one of the most significant rulings on federal administrative law, cited by federal courts more than 18,000 times.

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Stare Decisis Court Statute Government 145

FDA Law Blog

DECEMBER 3, 2024

Rather, the bill is structured so that liability is fully determined by an Administrative Law Judge (“ALJ”) in an administrative proceeding without a jury, with “conclusive” factual findings made by that ALJ.

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Drafting Court Cause of Action Attorney 80

JonathanTurley

JANUARY 3, 2022

In the latest badly drafted gun law to go before the court, New York has forced a challenge that could result in a major ruling reinforcing individual rights under the Second Amendment. is a 1984 administrative law case that has come to embody the role of federal agencies in not just enforcing but creating law.

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Court Litigating Litigation Laws 58

ClimateChange-ClimateLaw

JULY 2, 2021

Among the inadequacies found by the court was Ecology’s failure to consider climate change in drafting the permits. The court found that the Commission adequately explained its rationale for rejecting the dollar figure adopted by the administrative law judge.

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Court Litigating Statute Litigation 49

SCOTUSBlog

FEBRUARY 2, 2024

A state administrative law judge agreed that Greene’s “heated rhetoric may well have contributed to the environment that ultimately led to” the attack on the Capitol, but he concluded that she had not engaged in an insurrection. In 2022, Georgia officials rebuffed a challenge to U.S. Marjorie Taylor Greene’s eligibility.

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Court Lawyers Lawyer Laws 145