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31 Jan 2024, 6:22 am
As Thomas Merrill has noted, “[a]dministrative rulemaking, at least in its modern guise, is subject to a much more unyielding set of procedural requirements” than legislative statute-making. [read post]
30 Jan 2024, 9:05 pm
Court of Appeals for the D.C. [read post]
28 Jan 2024, 8:49 pm
Supreme Court's resolution of Trump's appeal might not have any practical effect on the Colorado ballots at issue in the case, and raise questions about possible mootness and, at the end of the post, the Court's statutory jurisdiction to adjudicate Trump's appeal. [read post]
28 Jan 2024, 4:48 pm
Circuit Court of Appeals. [read post]
27 Jan 2024, 8:05 am
Anderson, an appeal to the U.S. [read post]
26 Jan 2024, 6:00 am
"*The Commissioner ruled that Petitioner's appeal must be dismissed and the application denied.The Commissioner noted that an appeal to the Commissioner is appellate in nature and does not provide for investigations and that the Commissioner has no authority to award monetary damages, costs or reimbursements in an appeal pursuant to Education Law §310 , citing Appeal of D.B., 57 Ed Dept Rep, Decision No. 17,244 and Application of Kolbmann, 48 id.… [read post]
26 Jan 2024, 6:00 am
"*The Commissioner ruled that Petitioner's appeal must be dismissed and the application denied.The Commissioner noted that an appeal to the Commissioner is appellate in nature and does not provide for investigations and that the Commissioner has no authority to award monetary damages, costs or reimbursements in an appeal pursuant to Education Law §310 , citing Appeal of D.B., 57 Ed Dept Rep, Decision No. 17,244 and Application of Kolbmann, 48 id.… [read post]
26 Jan 2024, 1:15 am
Court of Appeal The defendant appealed to the Court of Appeal. [read post]
25 Jan 2024, 4:59 am
” It failed after a petition to Justice Clarence Thomas. [read post]
24 Jan 2024, 7:51 pm
Sometimes, you might want to traverse even if you agree with the Examiner, just to keep appeal and petition options open. [read post]
23 Jan 2024, 8:53 am
The Sacketts appealed to the Supreme Court. [read post]
23 Jan 2024, 5:50 am
Yet allowing a judicial precedent to foreclose an agency from interpreting an ambiguous statute, as the Court of Appeals assumed it could, would allow a court’s interpretation to override an agency’s. [read post]
22 Jan 2024, 1:09 pm
Four justices – Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh – indicated that they would have denied the Biden administration’s request and allowed the lower court’s order to remain in place. [read post]
22 Jan 2024, 11:30 am
The December 19, 2023 order of the United States Court of Appeals for the Fifth Circuit, case No. 23-50869, is vacated. [read post]
22 Jan 2024, 1:10 am
On 16 January 2024, the appeal of the third circuit decision that the claimant-appellant in Elansari v. [read post]
18 Jan 2024, 11:42 am
” appeared first on How Appealing. [read post]
17 Jan 2024, 8:07 am
According to the defendants, the Court of Appeal misapplied CJEU case law. [read post]
17 Jan 2024, 3:30 am
Thomas Merrill observes that overturning Chevron would be a recipe for judicial gridlock when it comes to resolving challenges to agency actions: “If every court of appeals were required to apply de novo review to every question of law that arises in a regulatory context, the courts of appeals would be overwhelmed. [read post]
16 Jan 2024, 12:30 pm
In an article published in 2014, law professor Thomas Merrill suggested that the Chevron decision was not regarded as a particularly consequential one when it was issued. [read post]
15 Jan 2024, 7:10 am
” appeared first on How Appealing. [read post]
