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29 Nov 2020, 8:08 pm by Arthur F. Coon
  Invoking the protections of res judicata, collateral estoppel and the requirement to exhaust administrative remedies as analyzed in Ione Valley Land, Air, & Water Defense Alliance, LLC v. [read post]
15 May 2023, 11:38 am by Jonathan H. Adler
Maloney to consider whether members of Congress can sue to force disclosure of information from the General Services Administration. ] Today the Supreme Court granted certiorari in Carnahan v. [read post]
4 Oct 2011, 1:24 pm by WIMS
Similarly, the Seventh Circuit observed that, while ' there may be room for applying the doctrines of abstention or primary jurisdiction . . . in cases in which a state has a formal administrative proceeding in progress that the citizens' suit would disrupt, ' abstention in RCRA ordinarily would amount to ' an end run around the RCRA.' PMC, Inc. v. [read post]
8 Mar 2015, 9:02 am by Kenneth Vercammen Esq. Edison
“General personal representative” excludes special administrator. (36) “Petition” means a written request to the court for an order after notice.(37) “Proceeding” includes action at law and suit in equity.(38) “Property” includes both real and personal property or any interest therein and means anything that may be the subject of ownership.(39) “Protected person” is as defined in Section 5-102.(40) “Protective… [read post]
13 Feb 2007, 5:25 am
For a copy of the Supreme Court's decision in Stuyvesant Town-Peter Cooper Village Tenant's Association v. [read post]
22 Jul 2016, 7:55 pm
By 2008 U.S. courts deemed the area to be under de facto sovereignty of the United States (Boumediene v. [read post]
31 Aug 2012, 10:22 am by Arthur F. Coon
Skeptical CEQA reform advocates should consider the following “baker’s dozen” case examples: The Supreme Court has held that CEQA’s exhaustion of administrative remedies requirement broadly applies, extending it (logically, but arguably even beyond the statute’s literal language) by holding it applies to actions challenging a decision that a project is CEQA-exempt. [read post]
28 Jan 2023, 7:32 am
  The state, then, in a markets privileging environment is caught on the horns of potentially incompatible objectives: the convergence of economic and administrative collectives around notions of compliance and state duty; or the promotion of risk taking in economic ventures to create prosperity and enhance the production of value that can then be tapped for all kinds of purposes. [read post]
6 Dec 2007, 3:19 pm
  Logic suggests that since under Trinko the integrated monopolist is free to refuse to deal entirely, it should be free to set the terms – including a price squeeze – on which it will deal with rivals.In Linkline Communications v. [read post]
25 Jan 2010, 5:19 pm by Andis Kaulins
There are two territorial levels of local administration - local government - in Latvia. [read post]
31 Aug 2012, 10:22 am by Arthur F. Coon
  Skeptical CEQA reform advocates should consider the following “baker’s dozen” case examples: The Supreme Court has held that CEQA’s exhaustion of administrative remedies requirement broadly applies, extending it (logically, but arguably even beyond the statute’s literal language) by holding it applies to actions challenging a decision that a project is CEQA-exempt. [read post]