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Administrative Law

Products (Total Items: 32 )
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.
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.
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.
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.
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.
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.
Agency Opinion
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
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,