ClimateChange-ClimateLaw

MAY 30, 2024

Upon the initiative of the United Nations Human Rights Council (the UNHRC), a new legally binding agreement regulating transnational business enterprises’ human rights violations is likely on its way. The future legal value of the Draft Treaty will be that of enforceable regulation, provided of course that it is adopted in its current form.

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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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LawTechnologyToday

JUNE 21, 2021

The purchase has a lot of people considering the legal implications of ownership of NFTs (whatever that is), and it has the SEC bracing itself for trouble. But it will try and show you how these tokens will have to be fused into an ill-suited legal framework that has to work out what to make of itself. About the Author.

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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

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. Starbucks’ reply is scathing.

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Patently O

MAY 23, 2022

Menell, Koret Professor of Law; Director, Berkeley Center for Law & Technology; Faculty Director, Berkeley Judicial Institute; University of California at Berkeley School of Law. Prior to the mid-1990s, patent litigation took place in district court silos. They saw advantages to trying patent cases to juries.

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Conflict of Laws

JULY 11, 2021

Notes on Law, Psychology, and Practice ; in Italian). It first analyses the conceptual, legal and systematic differences between conciliation and arbitration, with references to some areas of partial overlap (such as, for example, the one now opened by the Singapore Convention of 2019).

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Broadcast Law Blog

APRIL 27, 2023

In addition, always remember to keep in touch with your legal and regulatory advisors to make sure that you don’t overlook any regulatory deadlines that are specific to your station. Always review these dates with your legal and technical advisors, and note other dates not listed here that may be relevant to your operations.

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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.

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FDA Law Blog

AUGUST 29, 2021

As a matter of administrative law, the Brand Memo made good sense from the perspective of FDA-regulated industry, as we described here. Rather, companies that met the legal and regulatory standards could defend their conduct even if they did not do so exactly as FDA proposed in guidance. Wilkie , 139 S.

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FDA Law Blog

MARCH 6, 2025

Hull Late last month, the Department of Justice filed a short statement regarding administrative law judges (ALJs). The letter stated that the Department had already taken this position in ongoing litigation, referencing a pending case before the U.S. The constitutionality of ALJs has been a hot legal topic of late.

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Conflict of Laws

MARCH 1, 2023

In order to limit the forum shopping potential of the present rules on jurisdiction and applicable law in defamation cases, an intervention by the EU legislature should be envisaged. Litigation in matters of corporate accountability is, distinctively, strategic in nature.

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Broadcast Law Blog

MARCH 7, 2023

Last week, broadcasters and broadcast journalists were abuzz with discussions of the FCC’s Media Bureau issuing a hearing designation order referring to an Administrative Law Judge questions about the proposed acquisition of the TEGNA broadcast stations by Standard General Broadcasting.

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Patently O

OCTOBER 18, 2023

The Section 15 declaration falsely stated no proceedings involving the DANTANNA’S mark were pending, when in fact the cancellation proceeding and related litigation were still ongoing. The philosophical divide between textual fidelity and policy concerns is a recurring tension in administrative law.

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Broadcast Law Blog

JULY 17, 2018

The FCC had a large staff of Administrative Law Judges who heard these cases, and they were usually quite busy. As in any civil litigation, these cases can be lengthy, with discovery and other procedural wrangling taking months to play out.

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JonathanTurley

DECEMBER 8, 2022

In the course of the litigation, Abdelhady asked the court to ignore her election (and receipt) of workers’ compensation benefits and find that the WCA does not apply after all. Abdelhady had a drawn out litigation under WCA to force payments from the university. ” Robinson v. Howard Univ., 3d 13, 22 (D.D.C. Robinson v.

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SCOTUSBlog

MAY 11, 2022

The question is whether the United States is such a successful litigant that the court will grant review even in cases it doesn’t want the court to review. In addition, the Supreme Court held a few years back that the appointment procedures for SEC administrative law judges violate the Constitution’s appointments clause.

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Intelligize Blog

JULY 9, 2024

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., That decision established that courts should defer to the interpretations of federal agencies when it comes to ambiguous legal statutes.

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Law 360

JULY 18, 2022

Environmental Protection Agency will change the legal landscape in a number of ways — including constraining future climate regulations that may be advanced by the Biden administration and states, while providing litigants a powerful new administrative law precedent to challenge all kinds of agency rules, say attorneys at Beveridge & Diamond.

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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. Against this rather bleak backdrop comes the low-profile case of Santos-Zacaria v.

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Patently O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. By Jason Rantanen. COVID-19Impact).

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FDA Law Blog

AUGUST 29, 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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ClimateChange-ClimateLaw

AUGUST 8, 2023

The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023, [1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation. [2] 4] The new corporate climate disclosure bills may well continue that tradition.

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SCOTUSBlog

JANUARY 16, 2024

The stakes in the case are high: The challengers argue that the current deferential standard is unconstitutional, while the Biden administration contends that overturning the existing doctrine would be a “convulsive shock to the legal system.” The doctrine at the center of the case is known as the Chevron doctrine.

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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

JANUARY 20, 2025

The FDA points to the laws use of the phrase adversely affected to describe who can file a petition for review of the FDAs denial of a marketing application. The Tobacco Control Act, the FDA writes, makes clear that a person may sue in a circuit only if that person is based there. A manufacturer may not sue based on a retailers residence.

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JonathanTurley

JANUARY 3, 2022

After Dobbs was accepted, advocates sought to enjoin a Texas law that banned abortion after just six weeks. The court ruled 5-4 to allow the Texas law to be enforced. The Biden administration and other litigants then forced a reconsideration of that decision. Chevron USA Inc. Natural Resources Defense Council Inc.

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FDA Law Blog

APRIL 2, 2025

The bill allows the FTC to proceed before an Administrative Law Judge, a process that implicates both the separation of powers and the Seventh Amendment. Under the Seventh Amendment and Jarkesy , a jury trial must be provided on liability before civil monetary penalties that are legal in nature can be assessed. Second , S.

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FDA Law Blog

MARCH 31, 2025

The bill adopts the very Administrative Law Judge process that the U.S. Under the Seventh Amendment and Jarkesy , a jury trial must be provided on liability before civil monetary penalties that are legal in nature can be assessed. But then come the newly revised penalties provisions: (4) CIVIL ACTION.In 5) CIVIL PENALTY.

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ClimateChange-ClimateLaw

OCTOBER 19, 2023

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. Following the West Virginia decision, analysis of the MQD has proliferated as legal scholars grapple with the doctrine’s lack of definition. Env’t Prot.

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ClimateChange-ClimateLaw

DECEMBER 11, 2023

This blog post explores how the litigation landscape has developed since the SEC proposed the rule, and discusses the implications of several developing cases and doctrines. Ultimately, the SEC will have to anticipate these types of legal challenges in finalizing a durable rule. Other legal challenges have also arisen.

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Above The Law

MARCH 7, 2025

(Photo by Chip Somodevilla/Getty Images) Supreme Court oral arguments are more than just legal debatestheyre a high-stakes battleground where justices reveal their philosophies, test the strength of arguments, and sometimes, subtly try to persuade their colleagues. She also considers strategic behavior in shaping legal outcomes.

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Above The Law

MARCH 21, 2025

In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. Area of Law: Constitutional Law, Civil Rights, Federal Authority: 25 points. Other Areas: 15 points.

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ClimateChange-ClimateLaw

MARCH 13, 2023

Texas Attorney General Ken Paxton has openly stated that the purpose of this litigation is to protect the fossil fuel industry , and the only representatives of the automotive industry in the case have entered to defend EPA’s new standards. This doctrine was recently and prominently applied by the Supreme Court in West Virginia v.

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Above The Law

JANUARY 24, 2025

Premier Nutrition Corporation Judge Bade / Ninth Circuit / June 17, 2020 Case Overview The case revolves around Sonner’s attempt to secure equitable restitution under Californias Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA) in a federal court sitting in diversity.

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SCOTUSBlog

MAY 20, 2021

The book is unlikely to change many minds, however, because it betrays the very fault of which it accuses the court: It advances a vision of correct decision-making rooted more in partisan policy preferences than in neutral legal criteria. Even so, I am skeptical that the court will alter the law as dramatically as Millhiser fears.

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ClimateChange-ClimateLaw

FEBRUARY 4, 2025

Facial challenges to the new EO are likely to present similar claims and to confront the same legal hurdles that ultimately blocked lawsuits challenging EO 13771. climate litigation database documents two facial challenges to the first Trump administrations EO 13771. Climate Litigation Database. The Sabin Centers U.S.

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