JURIST

JUNE 28, 2024

.” In reaching this conclusion, the court analyzed the Administrative Procedure Act (APA), legislation which determines the role of courts. The court found that the Chevron deference conflicts with the APA, which states that “the reviewing court” is to “decide all relevant questions of law.”

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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. ” 5 U.S.C. §

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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.

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SCOTUSBlog

FEBRUARY 4, 2022

Brent Newton is a visiting professor of law at Penn State-Dickinson School of Law. He previously taught seminars on Breyer’s jurisprudence at American University Washington College of Law. These pragmatists consider the real-world consequences of the court’s decisions and value stare decisis and narrow rulings.

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SCOTUSBlog

MAY 11, 2022

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. relisted after the April 29 conference). Returning Relists. Texas , 21-6001.

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SCOTUSBlog

APRIL 18, 2022

He contends that “a clear statute does not stand on the same footing as an invalid regulation purporting to implement it” because “[t]he statute is law; the regulation is not.” In particular, George points to House and Senate committee reports that endorse case law from the U.S.

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SCOTUSBlog

MAY 20, 2022

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. In Securities and Exchange Commission v. The case is sufficiently similar to Axon Enterprise, Inc.

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