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Administrative Law

Products (Total Items: 32 )

Christenson v. Harris County; Agency opinions do not merit Chevron deference; courts do not have to follow agency opinions.

Impending Injury

Clapper v. Amnesty International USA; Standing; Impending injury; possibility of a future injury is too speculative to support standing.

Opportunity to be Heard

Cleveland Board of Education v. Loudermill; Due Process; notice before termination; public employee property right in employment.

Voter Standing

Federal Election Commission v. Akins; voting gives standing to sue the FEC; Federal Election Campaign Act.

Executive Powers

Free Enterprise Fund v. Public Company Accounting Oversight Board; Multi-level protection of executive officers from removal is contrary to Article II of the Constitution's vesting of the executive power in the President; Sarbanes-Oxley; inferior officers.

Mathews v. Eldridge Balancing Test

Gabrilowitz v. Newman; denial of the right to counsel to a party in an administrative hearing based on the same alleged facts as a pending criminal case deprives that party of due process of law.

Administrative Prodecure Act

Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak; suits under the APA must satisfy both Article III's standing requirement and be arguably within the zone of interests protected or regulated by the violated statute.

Administrative Law

Mortgage Bankers Association v. Harris; Amending agency interpretation; when agency gives regulation a definitive agency interpretation, significant revisions require notice and comment under the APA. Administrative Prodecure Act

Ripeness

National Park Hospitality Ass'n v. Dep't of Interior; promulating a regulation is not the type of agency action ripe for judicial review under the Administrative Procedure Act until there is a specific factual situation; APA

Bankruptcy Judge Jurisdiction

Stern v. Marshall; bankruptcy judges are not constitutionally vested with jurisdiction to decide state common law claims against an entity that is not otherwise part of the bankruptcy proceedings; Northern Pipeline; Norberg.

Border Searches

United States v. Cotterman; notwithstanding a traveler's diminished expectation of privacy at the border, border searches are still measured against the Fourth Amendment's reasonableness requirement.

Border Search Doctrine

United States v. Ickes; the border search doctrine is not subject to a First Amendment exception; the government's interest in preventing the entry of unwanted persons and effects is at its zenith at the international border

Zuni School District v. Department of Education

Federal Impact Aid Program; financial assistance to local school districts; prohibits offsetting federal aid by reducing state aid to a local district; unreasonably interfering with a state program that seeks to equalize per-pupil expenditures.

Global Crossing v. Metrophones

Under Communications Act of 1934, the Federal Communications Commission (FCC) regulates interstate telephone communications using a traditional regulatory system similar to what other commissions regulating other common carriers.

Watters v. Wachovia Bank N.A.

National banks business activities are controlled by the National Bank Act (NBA), and regulations promulgated thereunder by the Office of the Comptroller of the Currency OCC.

United States v. Mead Corporation

Informal agency interpretation and Chevron deference.

Barnhart v. Walton

Agency interpretations receive deference.

Lujan v. National Wildlife Federation

Challenged agency action, single identifiable action, administrative procedure act, standing.

Norton v. Southern Utah Wilderness Alliance

Agency failure to act, mandamus.

In Re Cheney

Federal advisory committee act, FACA.

Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources

Prevailing party, consent decree, award of attorney's fees, equal access to justice act (EAJA), American rule, private attorney-general doctrine.

Barrios v. California Interscholastic Federation

Enforceable agreement; prevailing party; settlement agreement'; Americans With Disabilities Act; ADA.

Roberson v. Giuliani

Retention of jurisdiction; award of attorneys fees; judicial imprimatur; ancillary jurisdiction.

Doe v. Boston Public Schools

Purely private settlements; attorney's fees; judicial imprimatur; Individuals With Disabilities Education Act; IDEA.

Immigration Judges Credibility Determination

Torres v. Mukasey; An immigration judge's credibility determination must be based on specific, cogent reasons that bear a legitimate nexus to the findings; asylum and protection; Convention Against Torture; Board of Immigration Appeals .

Notice and Comment Period

MetWest, Inc. v. Secretary of Labor; An agency's practice of advising affected entities that a regulation does not apply to them establishes an authoritative departmental interpretation that may not be changed without prior notice and comment.

Standing to Challenge Lack of Agency Action

Massachusetts v. EPA; If Congress grants a procedural right to protect concrete interests,like right to challenge agency action unlawfully withheld, litigant can assert without meeting ordinary standards for redressability and immediacy; standing.

Standing In Environmental Cases

Summers v. Earth Island Institute; doctrine of standing requires federal courts to satisfy plaintiff alleged such personal stake in outcome of controversy to warrant plaintiff's invocation of federal court jurisdiction; case or controversy requirement.

Line Item Veto Unconstitutional

Clinton v. City of New York; Use of Line Item Veto Act to cancel spending for a budget item violates the Constitution by permitting the virtual amendment of Congressional acts by the President.; delegation doctrine.

Scope of School Search of Student Property

Safford Unified School District #1 v. Redding; school search permissible in scope when measures adopted reasonably related to objectives of search, not excessively intrusive in light of age and sex of student and nature infraction; qualified immunity.

EPA Can Regulate Greenhouse Gases from New Cars

Massachusetts v. EPA; Because greenhouse gases fit squarely within the Clean Air Act's definition of air pollutant, the EPA has the authority to regulate the emission of such gases from new motor vehicles.

Agency Action

Sackett v. EPA; The Administrative Procedure Act provides for judicial review of final agency action for which there is no other adequate remedy in a court. APA,