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15 Jul 2024, 2:59 am by Kurt R. Karst
As Loper Bright noted, the degree to which a court would respect and rely on agency judgment would “depend upon the thoroughness evident in its consideration, the validity of its reasoning, its consistency with earlier and later pronouncements, and all those factors which give it power to persuade, if lacking power to control. [read post]
14 Jul 2024, 10:30 pm by Sophie Dukarm
Although it would be conceivable to withdraw a minister’s power of representation – for example, by dismissing her – acting ministers have the power to speak for a country in the Council (see points raised by Prof. [read post]
14 Jul 2024, 9:06 pm by Zachary S. Price
Finally, attention to historical practice in this area could matter in yet another way. [read post]
14 Jul 2024, 9:05 pm by Dan Flynn
If that were to occur, the FDA’s spending power could be cut by as much as 10 percent in 18 months. [read post]
14 Jul 2024, 1:01 pm by Robichaud
It is the supreme invasion of the rights of an individual to subject [that individual] by the physical power of the community to a test which may mean the loss of [their] liberty or [their] life; and there is a basic repugnance against the repeated exercise of that power on the same facts unless for strong reasons of public policy. [read post]
14 Jul 2024, 1:01 pm by Robichaud
It is the supreme invasion of the rights of an individual to subject [that individual] by the physical power of the community to a test which may mean the loss of [their] liberty or [their] life; and there is a basic repugnance against the repeated exercise of that power on the same facts unless for strong reasons of public policy. [read post]
13 Jul 2024, 3:13 pm by Christopher J. Walker
In our view, such delegation of final decisionmaking authority would be constitutional under the Supreme Court’s evolving approach to separation of powers so long as the agency head preserves the authority to intervene and issue a final decision when necessary. [read post]
12 Jul 2024, 11:22 am by Guest Author
This is, to understate matters considerably, a dreary time for people who care about the functioning of our administrative agencies. [read post]
12 Jul 2024, 8:55 am by Steven Schwartzapfel
But if the parties can’t see eye to eye, the only way to legally enforce the matter to come to a conclusion is through the power of the court. [read post]
12 Jul 2024, 8:10 am by Dan Farber
The substance of the decision may have been incremental, but appearances also matter, and the appearance was one of forthright activism. [read post]
12 Jul 2024, 7:00 am by Mike Habib, EA
To authorize an EA to represent you, you must complete Form 2848, Power of Attorney and Declaration of Representative. [read post]
12 Jul 2024, 5:50 am by Douglas London
CIA Director William Burns’ high profile international diplomatic role for the Biden White House is part of a distinct change from past U.S. administrations in how to utilize intelligence and employ one of the country’s top spy chiefs. [read post]
11 Jul 2024, 3:20 pm by CFM Admin
. **** SEC Matters SEC Drops Investigation Against Ethereum. [read post]
11 Jul 2024, 3:11 pm by Josie Forney
NMFS argued that Chevron deference should continue, and that Congress actually intended for agencies to resolve statutory ambiguities because agencies have “subject matter expertise” regarding the statutes that they administer. [read post]
11 Jul 2024, 1:54 pm by melody
While associate judges have the power to make final decisions on important matters, their rulings are subject to review by a district judge. [read post]
11 Jul 2024, 1:54 pm by melody
While associate judges have the power to make final decisions on important matters, their rulings are subject to review by a district judge. [read post]
11 Jul 2024, 1:54 pm by melody
While associate judges have the power to make final decisions on important matters, their rulings are subject to review by a district judge. [read post]
11 Jul 2024, 9:24 am by centerforartlaw
However, it does adopt certain immunities, including from lawsuits unless authorized by Congress.[32] On the cause for unjust enrichment, the Court held that the claim did not fit the nature of unjust enrichment, for the Plaintiffs were not seeking compensation for a benefit received by the Smithsonian.[33] Additionally, as a matter of injury, they have not shown that irreparable harm would occur in transferring the objects to Nigeria.[34] The Plaintiffs then sought a permanent inj [read post]