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28 Jun 2024, 3:34 pm
” 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, 3:15 pm
Judges Will Be The New Experts: On clean air. [read post]
28 Jun 2024, 3:15 pm
” Judge Justin Walker dissented. [read post]
28 Jun 2024, 2:44 pm
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]
28 Jun 2024, 2:31 pm
” 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
” 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
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
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
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
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, 1:46 pm
A federal district court judge will review such guidelines and determine the sentence if applicable. [read post]
28 Jun 2024, 1:46 pm
A federal district court judge will review such guidelines and determine the sentence if applicable. [read post]
28 Jun 2024, 1:25 pm
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
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]
28 Jun 2024, 12:38 pm
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
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
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
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
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]