ClimateChange-ClimateLaw

NOVEMBER 12, 2023

So far, the country has adopted several laws to strengthen the legal framework towards achieving these goals. These suits were brought forward through a unique legal mechanism called ‘ Acción de Cumplimiento ’ (roughly translated as compliance action). Among the main legal statutes are: Law 164 of 1994 on the UNFCCC.

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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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Court Immigration Administrative Law Government 117

SCOTUSBlog

DECEMBER 26, 2023

If a government official punishes someone because of their pure speech, that person may have a strong case to sue for retaliation in violation of their constitutional rights. United States 23-310 Issue : Whether the administrative law principles articulated in Kisor v. Police ordered the protesters to disperse. Ratzloff v.

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C|M|LAW Library

JANUARY 27, 2025

But once you really get into the weeds with administrative law materials, youll soon find that Rule 14 doesnt cover everything you need. Federal Administrative and Executive Materials. Thats when you might need to check table T1.2

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Administrative Law Laws Government Legal 40

SCOTUSBlog

APRIL 22, 2024

Now, to be clear, the legal issue in this case has little to do with the propriety of Starbucks’ opposition to the union organizers. The case here involves administrative proceedings under the National Labor Relations Act. The legal question for the justices is crisp and easy to explain.

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SCOTUSBlog

JUNE 28, 2024

Kagan predicted that Friday’s ruling “will cause a massive shock to the legal system.” But in the years since then, it became one of the most important rulings on federal administrative law, cited by federal courts more than 18,000 times. This article was originally published at Howe on the Court.

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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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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 101

LettersBlogatory

DECEMBER 8, 2022

KBR Government Operations. It comes out of a corner of the legal world that was utterly unknown to me a year ago. 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. The case of the day is Begisholli v.

Administrative Law 52

Administrative Law Depositions Government Statute 52

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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Patently O

JULY 10, 2022

The Federal Circuit has agreed that Kevin Correll’s 5-year suspension from patent law practice should move forward. Unfortunately, the per curiam decision appears poorly reasoned and seems to lack sufficient legal grounding. Vidal (Fed. 2022) ( non-precedential ). The panel included Chief Judge Moore, and Judges Prost and Hughes.

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SCOTUSBlog

JANUARY 14, 2023

The noncitizens appearing before them face a host of daunting challenges — language barriers, financial strain, lack of legal assistance, and years-long delays — before they can entertain any hope of resolving their immigration status. However, the board also found that the government had successfully rebutted this presumption.

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Immigration Court Government Statute 81

Customs & International Trade Law

APRIL 22, 2022

The report finds what ACE reduced government processing times by more than 90%! As of April 19, 2022, the FDA has issued warning letters to 12 companies for selling over-the-counter (OTC) skin lightening products containing hydroquinone that do not meet the requirements to be legally sold as OTC drugs.

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SCOTUSBlog

NOVEMBER 7, 2022

VCR is a government nursing facility in Indiana owned by petitioner Health and Hospital Corp., A state administrative law judge found one late-2016 transfer to have violated FNHRA and ordered Talevski returned to VCR; the family chose to move him to a different facility. a municipal entity. Congress, the U.S.

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Stare Decisis Statute Court Contract 94

FDA Law Blog

AUGUST 29, 2021

The federal government does its own version of rebranding with each change in administration. As a matter of administrative law, the Brand Memo made good sense from the perspective of FDA-regulated industry, as we described here. Sometimes they do it with great fanfare; sometimes it is done quietly and incrementally.

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Attorney Government Lawyers Lawyer 52

ClimateChange-ClimateLaw

JUNE 21, 2023

But that has not deterred the South African government from planning to add 1500 MW of new coal-fired power between 2023 to 2027. Rather than challenging individual authorisations for individual projects – so-called downstream challenges – the litigants have directly challenged the government’s plans to procure new coal-fired power.

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Litigating Litigation Lawyer Lawyers 105

LexForti

JULY 30, 2021

The paper discusses the benefits of administrative directions in the present legal system, and analyse various judgments to gain an insight on the enforceability of these directions. While doing so, a timeline is drawn which shows the position taken by the court with respect to issues arising from administrative directions.

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Court Administrative Law Government Laws 52

FDA Law Blog

MARCH 6, 2025

Hull Late last month, the Department of Justice filed a short statement regarding administrative law judges (ALJs). For an in-depth review of the history of ALJs and the removal protections enacted by the APA, see Brief of Amicus Curiae Federal Administrative Law Judges Conference 8-20, SEC v. Jarkesy , No.

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Administrative Law Laws Litigation Litigating 105

Constitutional Law Reporter

NOVEMBER 20, 2023

The Court’s decision in Chevron is one of the most frequently cited administrative law decisions. Issues Before the Supreme Court In Relentless, Inc. In Loper Bright Enterprises v. Raimondo , the D.C. Circuit deferred to the Department of Commerce’s interpretation of the Magnuson-Stevens Act.

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JonathanTurley

JUNE 12, 2022

In January, I wrote a column criticizing the legal position of the National Labor Relations Board (NLRB) in favor of Whole Food workers seeking to wear Black Lives Matter (BLM) symbols or clothing at work. The question is whether the government can require companies to allow speech deemed unacceptable or offensive.

Court Rules 53

Court Rules Court Administrative Law Government 53

Patently O

FEBRUARY 21, 2024

Chestek centered around amendments made to trademark regulations in 2019 requiring that applicants provide their domicile address, defined as their permanent legal residence or principal place of business — mailing address is insufficient. licensed counsel. Chestek at 8 (Quoting JEM Broadcasting Co. 3d 320 (D.C.

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ClimateChange-ClimateLaw

APRIL 18, 2024

C ategorical differences between KlimaSeniorinnen and Court’s existing environmental case law ‘KlimaSeniorinnen’ had thus exhausted all domestic remedies. This indicates that not only democracy but also litigation to compel governments to reduce GHG emissions is fraught with obstacles. 545; see also paras.

Litigation 72

Litigation Litigating Court Laws 72

SCOTUSBlog

NOVEMBER 29, 2021

The Chevron doctrine, a pillar of administrative law, also looms large in the case. Entitled to” Medicare is a legal status for individuals who meet specified requirements, such as turning 65. But statutory interpretation isn’t the only issue at stake in Empire Health , which will be argued on Monday. paid) by Medicare.

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Customs & International Trade Law

NOVEMBER 25, 2022

Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. .

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Document Review Administrative Law Legal Legal 40

Customs & International Trade Law

DECEMBER 2, 2022

Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s List of Specially Designated Nationals and Blocked Persons (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. .

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Document Review Administrative Law Legal Legal 40

SCOTUSBlog

JUNE 29, 2023

Rahimi , which involves a petition for review by the federal government, strikes me as a particularly likely candidate for review. The federal government now asks the justices to weigh in on the case, arguing that the domestic violence ban is constitutional. Legal Services Alabama, Inc. , That last case, United States v.

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Immigration Court Government Laws 82

Patently O

DECEMBER 18, 2023

While the Lanham Act does not define “domicile,” the USPTO’s 2019 rulemaking defined it as the “permanent legal place of residence of a natural person or the principal place of business of a juristic entity.” Boundy ultimately contends such omissions reflect a consistent pattern of administrative law violations in recent PTO rulemakings.

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Statute Small Business Attorney Administrative Law 45

ClimateChange-ClimateLaw

AUGUST 8, 2023

5] For the reasons discussed below, more firms – and their legal and other advisers– should follow them. Corporate and securities law – as well as companies and their leaders acting through lobbying and politics – also have major roles to play. [9] Academic readers of this blog should too! 2] See, e.g., Jacqueline M.

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Laws Law School Government Legal 98

Intelligize Blog

JULY 9, 2024

We’re talking about the one with the power to upend the regulatory system and the balance of power between the executive and judicial branches of the federal government. 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.,

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Court Decisions Court Statute Administrative Law 109

SCOTUSBlog

FEBRUARY 4, 2022

Breyer’s pragmatic record as a justice can be understood by examining the variety of legal jobs he had before becoming a justice, which honed his pragmatic view. Although he was a tenured Harvard law professor, his area of expertise was administrative law, one of the more pragmatic fields. The pragmatist.

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Stare Decisis Administrative Law Government Court 89

SCOTUSBlog

MARCH 31, 2023

To enforce these laws, Congress created the SEC. It granted the agency the power to regulate investors through either lawsuits in federal court or internal hearings in front of an administrative law judge, or ALJ. A divided three-judge panel issued its decision in May of last year, nearly a decade after the legal battle began.

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Immigration Administrative Law Government Court 74

SCOTUSBlog

OCTOBER 10, 2024

But the 5th Circuit wrote that this case “may … attract the [Supreme] Court’s interest” because “[i]t tees up one of the fiercest (and oldest) fights in administrative law: the Humphrey’s Executor ‘exception to the general ‘rule’ that lets a president remove subordinates at will.” Calumet Shreveport Refining, L.L.C. ,

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Court Lawyers Lawyer Real Estate 111

Customs & International Trade Law

OCTOBER 28, 2022

Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. . Limited (‘‘Top Golf’’) in default.

Manufacturing 52

Manufacturing Government Laws Administrative Law 52

Customs & International Trade Law

MAY 13, 2022

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). All property and interests in property subject to U.S. jurisdiction of this entity is blocked, and U.S.

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Laws Manufacturing Administrative Law Government 97

SCOTUSBlog

FEBRUARY 10, 2022

He is coauthor of a casebook on administrative law and has written many articles on that subject. There has never been any mystery about the jurisprudential premises of Justice Stephen Breyer’s approach to issues of public law. Similarly, in Lucia v. Breyer has always displayed ambivalence toward this doctrine.

Administrative Law 102

Administrative Law Laws Statute Government 102

JonathanTurley

JULY 11, 2023

” It turns out she might have been more accurate than she thought — because Fauci legally may have been just a “regular guy” giving out billions without authority. What is equally baffling is that the House informed the administration that it was presumptively in violation of federal law.

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SCOTUSBlog

JULY 2, 2024

joined a lawsuit challenging a 2011 regulation issued by the Federal Reserve Board governing the fees that merchants must pay whenever their customers use a debit card. A contrary rule, he suggested, “would revolutionize long-settled administrative law — shutting the door on entire classes of everyday administrative law cases.”

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