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Expert news coverage and analysis of administrative law for legal professionals
By Avalon Zoppo | July 27, 2023
EPA says 11th Circuit case involves "nationally applicable" agency action and thus belongs in D.C. Circuit Court.
4 minute read
By Steven R. Rowland | July 17, 2023
Plainly, the New Jersey Supreme Court applied inconsistent standards of review on essentially the exact same issue. Worse yet, the court doesn't seem to be aware that it has apparently shifted from a strict review to an essentially hands-off position.
7 minute read
By Adolfo Pesquera | June 27, 2023
By granting immunity to a "purely private" entity without requiring a demonstration of the government's "actual control ... the court undermines this public trust," dissenting Justices Jeffrey Boyd and John Devine wrote.
5 minute read
By Charles Toutant | June 16, 2023
Care One's suit claims that it is a party in an "illegitimate," decadelong National Labor Relations Board proceeding, and that an administrative law judge assigned to the case, Kenneth Chu, is "an illegitimate decisionmaker."
4 minute read
By Brenda Sapino Jeffreys | June 16, 2023
Lloyd Gosselink Rochelle & Townsend environmental partner James Aldredge joined Winstead as a shareholder in Austin, where he plans to grow his water and wastewater practice.
2 minute read
By Anthony Michael Sabino | June 1, 2023
In Axon Enterprise v. F.T.C., the U.S. Supreme Court very recently decreed that constitutional challenges to regulatory power need not be relegated to agency administrative law judges, but rather are cognizable in the district courts. In the first installment of his two-part series, Anthony Sabino discussed the foundation for this newest edict. Now he turns to Axon itself.
9 minute read
By Anthony Michael Sabino | May 25, 2023
Part one of a two-part article regarding the new Supreme Court decision in 'Axon Enterprise v. F.T.C.' This first article discusses the precedent leading up to 'Axon.'
9 minute read
By John C. Coffee Jr. | May 17, 2023
In his Corporate Securities column, Professor John Coffee discusses the impact of Axon Enter. v. FTC, which he writes "masks a lack of consensus and shows the court to be straddling—at least for the time—a deep division over whether administrative agencies can utilize administrative law judges."
11 minute read
By Adolfo Pesquera | May 4, 2023
If the Supreme Court upholds the Fifth Circuit ruling, it could have grave and widespread ramifications.
5 minute read
By Avalon Zoppo | April 28, 2023
Sixth Circuit panel questions company's argument that the Labor Department agency violated the nondelegation doctrine.
5 minute read
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