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9 Sep 2021, 6:34 am by Michael C. Dorf
Recall that the first function of Ex Parte Young is to provide a legal fiction that enables circumvention of state sovereign immunity. [read post]
7 Sep 2021, 3:22 pm by Scott R. Flick and Lauren Lynch Flick
  Broadcasters wishing to better understand the congressional regulatory fee mandate as implemented by the FCC may wish to read the summary of the State Broadcasters Associations’ ex parte meeting with Acting Chairwoman Rosenworcel, or their Joint Reply Comments in this year’s regulatory fee proceeding. [read post]
7 Sep 2021, 3:31 am
Ct. 1970 (2021), wherein the Supreme Court held that the administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB), because they exercised unreviewable authority in deciding ex parte review proceedings, were acting as principal officers of the United States. [read post]
3 Sep 2021, 4:00 am by Jim Sedor
It is part of the universities’ efforts to engage with lawmakers, build rel [read post]
2 Sep 2021, 11:53 am by USPTO
First, the PTAB reviews the work of patent examiners in ex parte appeals and determines whether an examiner’s rejection of a patent application should be sustained. [read post]
2 Sep 2021, 10:53 am by Priscilla Smith
Second, everyone who cares more about other constitutional rights should remember that this also paves the way for states to evade doctrine, i.e., Ex Parte Young, that has ensured that individuals can vindicate their constitutionally guaranteed rights in federal court. [read post]
2 Sep 2021, 8:40 am by Hayley Evans
”  While the government carved several offenses out of the initial presumption against prosecution including offenses committed against U.K. personnel (Part 1, Clause 6, Subsection 2) and sexual offenses (Schedule 1, Part 1, Clauses 2–10), including certain crimes against humanity and war crimes (Schedule 1, Part 2, Clauses 17–19), it failed to exclude certain other international crimes for which the U.K. has investigative obligations. [read post]
2 Sep 2021, 7:53 am by Jen Sgroi
The documents can state that the spouse is no longer a part of the plan if a divorce proceeding is ongoing, even if not yet final. [read post]
2 Sep 2021, 7:53 am by Jen Sgroi
The documents can state that the spouse is no longer a part of the plan if a divorce proceeding is ongoing, even if not yet final. [read post]
1 Sep 2021, 10:18 pm by Josh Blackman
These questions are particularly difficult, including for example whether the exception to sovereign immunity recognized in Ex parte Young, 209 U. [read post]
1 Sep 2021, 12:28 pm by Mary Ziegler
Under Ex parte Young, plaintiffs can seek injunctions against officials who are responsible for enforcing potentially unconstitutional laws, but Texas is doing its best to argue that there is no one to sue. [read post]
1 Sep 2021, 5:00 am by Jim Soong
Part Two “No More Than Conceptual Advice To Use Machine Learning” The PTAB also considered claim language involving machine learning to determine subject matter eligibility in Ex parte Costello, Appeal 2021-000658 (PTAB June 7, 2021). [read post]
30 Aug 2021, 4:00 am by Howard Friedman
”The court held first that insofar as plaintiff was asserting state law claims against state officials, these are barred by the 11th Amendment because Ex parte Young only creates an exception for federal constitutional claims. [read post]
27 Aug 2021, 4:00 am by Jim Sedor
House passed legislation that supporters said would restore key parts of the 1965 Voting Rights Act the Supreme Court struck down in 2013. [read post]