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17 Jan 2024, 3:30 am by John Jenkins
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 by Amy Howe
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]
12 Jan 2024, 3:35 am
Here are the first three Section 2(d) appeals decided by the TTAB in 2024. [read post]
The federal trial court and court of appeals both said that because the lesser job paid the same, the transfer wasn’t significant enough to count as “adverse action. [read post]
11 Jan 2024, 11:28 am by Holly
Additionally, he has handled multiple cases before the Maryland Court of Special Appeals and local zoning authorities. [read post]
9 Jan 2024, 6:52 pm by Amy Howe
Justice Clarence Thomas asked Beard whether the court needed to do anything more than decide “whether Nollan/Dolan scrutiny applies to” legislative enactments. [read post]
9 Jan 2024, 8:24 am by Eric Goldman
Google–which remains in limbo after the Supreme Court’s remand of that case, and (3) Justice Thomas’ DISSENT to cert denial in the Malwarebytes v. [read post]
8 Jan 2024, 5:08 pm by Amy Howe
Court of Appeals for the 9th Circuit revived Fikre’s lawsuit, prompting the FBI to come to the Supreme Court last year. [read post]
8 Jan 2024, 6:00 am by Bruce Hoffman
This “sows confusion,” according to Department of Justice counsel for domestic terrorism, Thomas Brzozowski, and also leads to assumptions that international terrorism perpetrated by Muslims, for instance, is a more serious threat to the United States than far-right terrorism—which has been statistically untrue in the post-9/11 era. [read post]
4 Jan 2024, 12:44 pm by John Elwood
Court of Appeals for the 4th Circuit stayed that decision to allow the school to continue admitting students under the policy while the case was on appeal. [read post]