Search for: "In Re: Application of Chevron"
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27 Feb 2020, 9:05 pm
Contrary to a well-known study, which suggested that the doctrine is relatively rarely invoked, Salmanowitz and Spamann found that the Court applied Chevron in about 80 percent of applicable cases, suggesting that “it is not a precedent that the Supreme Court consistently ignores or overlooks. [read post]
13 Jan 2020, 4:18 am
" The Board looked to In re Chevron Intellectual Prop. [read post]
10 Dec 2019, 12:39 pm
Res. [read post]
4 Nov 2019, 10:50 am
He similarly had grounds to extend the stop after the defendant acknowledged possessing marijuana. (3) Although neither the defendant nor the government argued inevitable discovery on appeal, the court addressed its application since this was the justification for the trial court’s denial of the motion. [read post]
2 Oct 2019, 12:12 pm
Circuit Court of Appeals affirmed most of the FCC’s Restoring Internet Freedom Order [1]largely on Chevron Doctrine deference grounds. [read post]
2 Oct 2019, 12:12 pm
Circuit Court of Appeals affirmed most of the FCC’s Restoring Internet Freedom Order [1]largely on Chevron Doctrine deference grounds. [read post]
1 Oct 2019, 7:02 am
Under Chevron U.S.A. v. [read post]
27 Jun 2019, 4:05 am
But if the agency has interpreted the statute and we’re in a Chevron scenario, the gap filler is the agency. [read post]
18 Jun 2019, 6:42 am
Over the last 14 years that I have published this blog, I have compiled an annual review with a list of key Delaware corporate and commercial decisions that have widespread utility to practitioners, especially those court decisions that are not widely covered by other legal publications or the mainstream press. [read post]
9 Jun 2019, 9:05 pm
To prevent gamesmanship, the agency cannot re-adopt the nullified rule or one that is “substantially similar” unless Congress passes new authorizing legislation. [read post]
18 Mar 2019, 7:34 am
It advocates for “a robust application of the Hobbs Act that channels judicial review and limits collateral attacks” to promote regulatory certainty and national uniformity. [read post]
21 Feb 2019, 10:47 am
Yesterday, the California Assembly Committee on Privacy and Consumer Protection held a hearing on the California Consumer Privacy Act. [read post]
20 Feb 2019, 10:32 am
New York,3 that the Supreme Court matter-of-factly held that the Takings Clause of the Fifth Amendment was “of course” applicable to the states.4 To justify incorporation, Penn Central cited only one 19th century case, which itself did not mention the Fifth Amendment.5 Before Penn Central, the Court relied on the Due Process Clause to restrict the scope of state taking power. [read post]
31 Jan 2019, 11:36 am
Natural Res. [read post]
29 Jan 2019, 7:23 am
As Justice Antonin Scalia once put it in the context of deference to agency statutory interpretations under Chevron U.S.A. v. [read post]
7 Nov 2018, 8:46 am
If you’re reading a blog post that is entirely devoted to cases on the Supreme Court’s docket that haven’t even been granted yet, chances are you’re a law nerd. [read post]
6 Nov 2018, 12:08 pm
” If not, it follows that the hovercraft ban is not a regulation applicable solely to public lands within the conservation unit and thus the ban would be allowed under Section 103(c). [read post]
30 Oct 2018, 7:02 am
” BNSF argues that — consistent with the doctrine of Chevron, U.S.A., Inc. v. [read post]
18 Oct 2018, 7:04 am
But it looks to us like they’re likely to relist five new cases. [read post]
10 Oct 2018, 11:28 am
Thanks to Kent Piacenti for re-upping to do a few more installments. [read post]
