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16 Dec 2022, 12:49 pm
Importantly, this is the first new category of correctness review since the landmark SCC Vavilov decision. [read post]
24 Mar 2016, 9:21 am
The Massachusetts Reviewing Board of Industrial Accidents recently reviewed an administrative judge’s decision regarding § 35 and § 36 benefits in a workers’ compensation appeal. [read post]
10 May 2021, 1:00 am
The Board of Appeal replied rather sardonically that "the Board appreciates the proprietor's concern for office finances" but that "the Boards of Appeal are not the custodians of the EPO's finances and neither are they called upon to question the wisdom of decisions made by the Administrative Council" [Merpel: On which the decision in G3/19 (Pepper) could be said to be a case in point... [read post]
10 Dec 2013, 7:26 pm
Sec. 1035, however, allows the Secretary of Defense to transfer a detainee overseas in one of three circumstances: If a Periodic Review Board determines that the detainee is “no longer a threat to the national security of the United States,” for starters, or if the transfer is necessary to effectuate a court order. [read post]
27 Jun 2019, 4:00 am
Shadow boxing over the administrative state emerged in a sharp disagreement about how to characterize the new standard of review. [read post]
[Sasha Volokh] Can a state immunize its agencies from federal antitrust law through judicial review?
13 Sep 2016, 7:16 am
Today, I’ll reproduce Part II of the brief, on why “Texas Administrative-Law Judicial Review Is Not Active Supervision”. * * * The Board relies on a single feature of Texas law that, in its view, constitutes active supervision: state-court administrative-law judicial review. [read post]
14 Feb 2012, 8:54 am
In my Stanford Law Review piece, linked below, I am critical of this aspect of the Obama administration’s approach to lobbyist regulation. [read post]
2 Mar 2010, 3:12 am
The Board of Education, in response to his petition, filed a motion to dismiss Pak’s petition as untimely.According to the decision, after receiving the letter dated February 21, 2007 advising him that he would terminated effective February 28, 2007, Pak filed an administrative appeal pursuant to the collective bargaining agreement [CBA] between the Board of Education and Pak collective bargaining representative. [read post]
25 Oct 2018, 7:26 am
The Administration apparently is continuing its internal review of the overall policy it intends to apply regarding claims of transgender rights. [read post]
16 Aug 2017, 4:24 pm
The Reviewing Board disagreed, pointing to the submissions and transcript of discussions before the hearing. [read post]
6 Feb 2012, 6:17 am
On appeal, the administrator claims that the court erred in remanding the matter to the board for a review of certain factors. [read post]
23 Aug 2017, 6:58 pm
The bill provides this immunity if the states fulfill some conditions: they must make efforts to reform their occupational licensing schemes and either provide active supervision of boards by creating an office to oversee them or provide for a specific form of judicial review of licensing board actions. [read post]
26 Oct 2011, 3:30 am
Guide to Changes in the Trademark Trial and Appeal Board Manual of Procedure (TBMP), 3rd Edition // [1] The full text of the TBMP is available at http://www.uspto.gov/trademarks/process/appeal/Preface_TBMP.jsp [2] Chief Administrative Trademark Judge J. [read post]
15 May 2014, 12:54 am
This moggy noticed a little while ago an extraordinary interlocutory decision from the Enlarged Board of Appeal of the European Patent Office in case R 19/12 (an application for review of a decision of a Board of Appeal). [read post]
24 Apr 2018, 1:47 pm
The question before the justices is whether the adjudication of those petitions by an administrative body (the Patent Trial and Appeal Board) is an exercise of the “judicial power” that under Article III of the Constitution can be exercised only by the federal courts. [read post]
14 Jun 2024, 11:33 am
We recommend reviewing the Position Statement in its entirety. [read post]
14 Jun 2024, 11:33 am
We recommend reviewing the Position Statement in its entirety. [read post]
28 Mar 2018, 10:46 am
The reviewing court agreed with the employee and determined that the administrative law judge did not calculate the employee’s earning capacity appropriately. [read post]
20 Sep 2011, 7:28 am
But numerous state and federal courts have reviewed the case, and they haven’t overturned Davis’s conviction or his death sentence. [read post]
12 Jul 2011, 6:28 am
from the determination of the employment security board of review (board) denying the plaintiff unemployment compensation benefits. [read post]
