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” The dissent attempted to defend Chevron deference by stating that judges must defer to agencies with institutional knowledge because “judges are not experts in the field. [read post]
28 Jun 2024, 2:44 pm by Rick Hasen
The following is a guest post from Eleonora Bottini, Professor of Public Law, University of Caen Normandy: On June 20th and 26th, 2024, the French Constitutional Council, unsurprisingly, authorized the legislative snap elections in France to proceed as… Continue reading The post Bottini: “Is there still a judge in Paris? [read post]
”  But whether an agency interpretation is persuasive to a particular judge or court is obviously a very subjective standard. [read post]
28 Jun 2024, 2:20 pm by John Stigi and Melissa Mikail
” At issue was whether Congress’s designation of fraudulent conveyance actions as “core [bankruptcy] proceedings” authorized non-Article III bankruptcy judges to hear them without juries. [read post]
28 Jun 2024, 1:56 pm by Mark Walsh
He goes on for nearly 15 minutes, stressing that “homelessness is complex” but that federal judges cannot “match the collective wisdom” of the American people and policymakers in addressing it. [read post]
28 Jun 2024, 1:56 pm by Christopher J. Walker
On stare decisis, the Chief Justice deftly frames this as a judge-made doctrine that is in conflict with the plain text of the APA, such that we are not dealing with statutory stare decisis but a much weaker form of precedential weight. [read post]
28 Jun 2024, 1:48 pm by vanasse_admin
The Board will look at the record from the judge’s hearing to determine if the law was correctly applied. [read post]
28 Jun 2024, 1:48 pm by vanasse_admin
The Board will look at the record from the judge’s hearing to determine if the law was correctly applied. [read post]
28 Jun 2024, 1:25 pm by Ashley Belanger
Enlarge (credit: mitay20 | iStock / Getty Images Plus) The Internet Archive (IA) went before a three-judge panel Friday to defend its open library's controlled digital lending (CDL) practices after book publishers last year won a lawsuit claiming that the archive's lending violated copyright law. [read post]
28 Jun 2024, 1:00 pm
The goal is to provide the Judges with timely information that will allow them to determine whether or not to recuse themselves from a case. [read post]
28 Jun 2024, 12:46 pm by Kristen Eichensehr
Chevron specified that judges should first determine “whether Congress has directly spoken to the precise question at issue,” and if so, “give effect to the unambiguously expressed intent of Congress. [read post]
Supreme Court on Friday overturned the long-standing Chevron Deference Doctrine, saying that judges—not federal agencies—should interpret federal laws. [read post]
28 Jun 2024, 12:30 pm by John Ross
Judge Graves, concurring dubitante: But the "complaint needed no amendment;" the alleged facts were enough to form a suitable claim. [read post]
28 Jun 2024, 12:05 pm by James Hodges
A Delaware Superior Court Judge has allowed roughly 75,000 plaintiffs to be heard in Delaware courts regarding whether the drug Zantac caused cancer. [read post]
28 Jun 2024, 11:07 am by Ilya Somin
And federal judges will still often want to give it to them, especially in cases that aren't ideologically charged. [read post]
28 Jun 2024, 10:58 am by Reference Staff
Just four days earlier, US District Court Judge Joseph Tauro denied a request for an injunction delaying implementation of the Supreme Judicial Court of Massachusetts’ decision in Goodridge v. [read post]