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2 Jul 2023, 8:52 am
An interesting counterpoint to the retroactivity analysis in Weld County is Judge Katsas’s opinion in ITServe Alliance, Inc. v. [read post]
30 Jun 2023, 4:51 am
., Inc. v Natural Resources Defense Council, 467 U.S. 837 (1984) (“Chevron”), in the coming term the Supreme Court will hear argument on and consider, in the case of Loper Bright Enterprises v. [read post]
2 Jun 2023, 5:16 am
The NCS accordingly breaks new ground by calling for two shifts and a theory of change. [read post]
22 May 2023, 6:25 am
Dooling, Research Professor, George Washington University Regulatory Studies Center Andrew Emery President, The Regulatory Group, and Executive Chair, DocketScope, Inc. [read post]
6 May 2023, 5:25 pm
Arthrex, Inc. [read post]
3 May 2023, 11:54 am
The filing raises important questions about administrative power in several respects including agency nullification of the Administrative Procedure Act (“APA”). [read post]
2 May 2023, 6:10 am
The Flipside, Hoffman Estates, Inc., 455 U.S. 489, 499 (1976). [read post]
1 May 2023, 9:00 am
Meta Platforms, Inc., No. 21-7078 (D.C. [read post]
24 Apr 2023, 4:47 am
The Justice deploys that writing skill at almost magical levels in his concurrence on April 14 in Axon Enterprise, Inc. v. [read post]
24 Apr 2023, 4:47 am
The Justice deploys that writing skill at almost magical levels in his concurrence on April 14 in Axon Enterprise, Inc. v. [read post]
17 Apr 2023, 6:10 am
Natural Resources Defense Council, Inc. [read post]
17 Apr 2023, 6:10 am
Natural Resources Defense Council, Inc. [read post]
8 Apr 2023, 2:35 am
I was reminded of this trend this week when I read Illumina Inc. [read post]
8 Apr 2023, 2:35 am
I was reminded of this trend this week when I read Illumina Inc. [read post]
31 Mar 2023, 2:48 am
Cir. 2012); Amgen, Inc. v. [read post]
7 Feb 2023, 12:00 pm
On this issue the Court did not accord HHS Chevron deference,[6] because Congress had conferred no rulemaking power upon the Department. [read post]
26 Jan 2023, 12:42 pm
Arthrex, Inc., 141 S. [read post]
9 Jan 2023, 9:53 am
Inc., 544 U.S. 528 (2005), that the Supreme Court held a taking is measured by the damage it inflicts and not whether it substantially advances a legitimate governmental interest. [read post]
4 Dec 2022, 5:20 am
Warner Communications, Inc., 435 U.S. 589, 597-98 (1978),[1] much like FOIA requesters need have no particular reason to obtain government records. [read post]
29 Nov 2022, 4:13 am
Grolier, Inc., 462 U.S. 19 (1983).[2] Equating the law of litigation privileges with the government’s entitlement to refuse requests for documents under FOIA presents a fundamental problem. [read post]