Remove Construction Remove Laws Remove Stare Decisis
article thumbnail

Patent Puzzles after the Supreme Court’s 2024 Administrative Law Cases: Stare Decisis, Rulemaking, and Discretion

Patently O

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. Consider first stare decisis and the Court’s overruling of Chevron deference (i.e. no standing requirement).

article thumbnail

Conflict of Laws and Diversity of Opinions—A View of The Nigerian Jurisdiction

Conflict of Laws

Cosmas Emeziem, JSD Cornell University, Drinan Fellow and Visiting Assistant Professor of Law, Boston College Law School, Newton, MA. The complexity is also illustrated by the embeddedness of Sharia law, and customary law, in private law in different parts of the country. ©Author 2024.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Allegations of racial bias in a death penalty trial

SCOTUSBlog

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. Breckon , pending the outcome in Jones.

article thumbnail

Divided Supreme Court Strikes Down Chevron in Landmark Decision

Constitutional Law Reporter

By a vote of 6-3, the Court held that Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether a federal agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.

article thumbnail

A few initial thoughts on Loper and the end of Chevron Deference

Patently O

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. §

article thumbnail

Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

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. Federal prisoners raise that issue in pending petitions in Ham v. Breckon and Jones v. relisted after the April 29 conference). Returning Relists. Texas , 21-6001.

article thumbnail

Atextual Conditions for Patentability and Stare Decisis

Patently O

However, the district court concluded that the prior art was not enabling — i.e., a person of skilled in the art would not be able to construct (or even design) the claimed invention without undue experimentation. A 1974 patent had disclosed use of a safety circuit and a braking-means. 2016 Decision ]. Bilski v.