SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S.

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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. Notably, the 2016 patent law case of Cuozzo v. establishing and governing inter partes review.” Rai , Elvin R.

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SCOTUSBlog

NOVEMBER 27, 2023

To leave the decision unreviewed would force Congress to revise substantially the affected portions of the securities laws solely based on the opinion of one divided lower court panel – hence, the Supreme Court’s buffet of constitutional law topics on Wednesday morning.

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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.

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JURIST

MARCH 2, 2021

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

Administrative Law 104

Administrative Law Court Statute Laws 104

Patently O

APRIL 1, 2022

Government employees are not available to accept private clients or to represent clients other than their agency before the United States Patent and Trademark Office.” Rather, Rule 11.111 limits Federal Employees from acting “contrary to applicable Federal ethics law, including conflict of interest statutes.”

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Government Statute Attorney Administrative Law 72

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 Administrative Law 101

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. In argument and briefing, the government contended that the 9th Circuit approach violated standards of federal court review. Dai and Garland v.

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JURIST

JULY 18, 2023

Israeli law students are reporting for JURIST on law-related developments in and affecting Israel. This dispatch is from Mayan Lawent, a law student in the Buchmann Faculty of Law at Tel Aviv University and a JURIST Staff Correspondent in Israel.

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Government Administrative Law Tort Contract Law 104

Customs & International Trade Law

AUGUST 5, 2022

Here is a recap of the latest customs and international trade law news: U.S. Notice is hereby given that USITC has determined not to review the presiding administrative law judge’s (“ALJ”) initial determination (“ID”) (Order No. Customs and Border Protection. 3) setting a 20-month target date and an ID (Order No.

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SCOTUSBlog

APRIL 23, 2021

In this case, for example, the claimants in agency proceedings from 2013 to 2015 did not know that a 2018 decision of the Supreme Court would invalidate the SSA’s process for appointing administrative law judges, and so they did not complain about that process before the agency.

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Customs & International Trade Law

APRIL 22, 2022

Here is a recap of the latest customs and international trade law news: AD/CVD. The report finds what ACE reduced government processing times by more than 90%! The post Customs and Trade Law Weekly Snapshot appeared first on Customs & International Trade Law Blog.

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Laws Manufacturing Administrative Law Drafting 90

Patently O

JULY 10, 2022

The Federal Circuit has agreed that Kevin Correll’s 5-year suspension from patent law practice should move forward. That complaint was then decided against Correll an Administrative Law Judge and issued a 5-year suspension from practice. by Dennis Crouch. Vidal (Fed. 2022) ( non-precedential ). ” Slip Op.

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Laws Statute Attorney Court 90

Customs & International Trade Law

MAY 13, 2022

Here is a recap of the latest customs and international trade law news: FDA. On May 10, 2022, the Federal Maritime Commission ( Commission ) published that they are seeking public comment on proposed modifications to its rules governing Carrier Automated Tariffs through this notice of proposed rulemaking (NPRM).

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Laws Manufacturing Administrative Law Government 97

JURIST

FEBRUARY 25, 2021

The government argued that the agency handling asylum cases determined that evidence that did not speak to the credibility of the asylum seekers’ claims undermined their persuasiveness. Administrative law generally was also featured during the arguments. Wilkinson v.

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Immigration Court Administrative Law Government 117

Customs & International Trade Law

APRIL 29, 2022

Here is a recap of the latest customs and international trade law news: FDA. The post Customs and Trade Law Weekly Snapshot appeared first on Customs & International Trade Law Blog. Beginning July 24, 2022, the FDA will end its temporary policy of permitting use of the entity identification code “UNK.”

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Laws Drafting Calendaring Administrative Law 87

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

So far, the country has adopted several laws to strengthen the legal framework towards achieving these goals. Colombia ’s Legal Climate Framework Colombia’s climate change laws are extensive and align with its open commitment to fight climate change and its devastating effects. Law 629 of 2000 on the Kyoto Protocol.

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Legal Legal Laws Government 83

SCOTUSBlog

NOVEMBER 30, 2023

The justices said not a word about the second challenge, and they made only one offhand comment about the third challenge, when Justice Brett Kavanaugh suggested in passing that the administrative law judges’s appointments won’t pass muster with him. It just can’t take away a person’s right to be heard before his peers.”

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Administrative Law Litigating Litigation Laws 131

SCOTUSBlog

NOVEMBER 29, 2021

Becerra , a sleeper of a case involving billions of dollars in federal spending and a chance to reshape two doctrines at the heart of administrative law. Drugs, money, and the law: Sounds sexy, right? The case centers on part of a 2003 law that gives Medicare two options for how to pay for those drugs.

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Statute Administrative Law Court Government 132

SCOTUSBlog

JUNE 6, 2022

Fitzgerald , unanimously agreeing on Monday that a statute that imposes higher fees on bankruptcy filers in 48 states than in the other two states is so far from “uniform” that it transgresses the Constitution’s requirement that Congress provide “uniform Laws on the subject of Bankruptcies throughout the United States.”.

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SCOTUSBlog

JULY 30, 2021

Under this system, intervention on the side of a private party requires showing only that the existing parties will inadequately represent the intervenor’s position; however, when intervening on the side of the government, a presumption that the government will adequately represent the intervenor’s position must be overcome.

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Law 360

OCTOBER 6, 2024

Supreme Court will hear several cases in its October 2024 Term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons.

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Administrative Law Court Government Laws 52

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. The question, as she framed it, is “[w]ho decides which of the possible readings” of those laws should prevail?

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Gravel2Gavel

JUNE 22, 2021

environmental and administrative law cases recently decided. The Congress may by law, “vest the appointment of.inferior officers.in The federal government depends on the service of thousands of Administrative Law Judges (ALJs), most of whom are appointed or selected by the head of an agency or internal agency boards.

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SCOTUSBlog

NOVEMBER 8, 2022

The two cases involve substantively identical statutes that govern challenges to final orders issued by the FTC and the SEC. Several of the justices sounded firmly and irrevocably opposed to the government’s argument that the district courts cannot hear these cases. We don’t have a cease-and-desist order here.

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SCOTUSBlog

APRIL 18, 2022

George’s petition asserted that the board’s 1977 decision had rested on a “clear and unmistakable error” because the board had failed to correctly apply the “presumption of sound condition” required by a different provision of the statute governing veterans’ benefits.

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Statute Stare Decisis Government Contract 107

Law 360

AUGUST 9, 2022

Congress never intended federal district courts to hear constitutional challenges to administrative law proceedings like those before the U.S. Securities and Exchange Commission and the Federal Trade Commission, and allowing those courts to do so would be a waste of judicial resources, government attorneys told the U.S.

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Court Administrative Law Attorney Government 52

SCOTUSBlog

APRIL 22, 2024

The case here involves administrative proceedings under the National Labor Relations Act. Under the statutory framework, the NLRB files an administrative complaint, which launches an agency proceeding before an administrative law judge, whose decision is subject to review by the NLRB and then, in due course, in the federal courts of appeals.

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Court Government Legal Legal 119

SCOTUSBlog

MAY 11, 2022

This week they’re replaced by three new relists, all involving government petitions in one way or another. Both cases arise in the context of administrative proceedings brought by independent enforcement agencies against regulated parties — Axon by the Federal Trade Commission, and Cochran by the Securities and Exchange Commission.

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FDA Law Blog

JANUARY 15, 2024

Koblitz — You know a court decision is going to be worth reading when the judges compare FDA’s regulatory governance of flavored e-cigarettes to a Shakespearean gaslighting. But administrative law does not turn on such infinitesimal possibilities.” By David B. Clissold & Sara W.

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Broadcast Law Blog

MAY 6, 2023

Cathy McMorris Rodgers sent a joint letter to FCC Chairwoman Rosenworcel asking the FCC to provide detailed information about, among other things, the circumstances surrounding and the FCC’s rationale for designating the matter for hearing.

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LettersBlogatory

DECEMBER 8, 2022

KBR Government Operations. The Defense Base Act is a federal statute that gives a worker’s compensation-like benefit to employees of US government and military contractors injured at work overseas. If so, is the administrative law judge a judicial authority? The case of the day is Begisholli v.

Administrative Law 52

Administrative Law Depositions Government Statute 52

Law 360

JUNE 8, 2021

workers based on their citizenship by hoarding thousands of jobs for temporary visa holders, an administrative law judge has ruled, finding that the Executive Office for Immigration Review is the correct forum for the federal government's allegations. Facebook Inc. must face claims that it discriminated against U.S.

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Immigration Administrative Law Government Laws 40

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. A felony conviction involving lying to another government agency will normally trigger such a review. Broadcast Law Blog ).

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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. 1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. a municipal entity.

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Stare Decisis Statute Court Contract 88

SCOTUSBlog

JANUARY 6, 2023

The technicians in this case had been unionized for 45 years when the Guard, in effect, terminated its collective-bargaining relationship with their union, the American Federation of Government Employees, Local 3970, AFL-CIO. The case begins with a common “union avoidance” narrative. And last year, in Babcock v.

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SCOTUSBlog

NOVEMBER 4, 2022

The first case involves Axon Enterprise, an Arizona company that makes police body cameras and other technology products for law enforcement. The government, then, must establish that the structure of appellate review of final agency action implicitly bars preliminary challenges in the district courts.

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