The U.N. High Commissioner for Refugees has estimated that, by the end of June 2021, there were nearly 4.4 million pending asylum applications worldwide. Many asylum seekers suffer heinous abuses in both the countries from which they flee and the countries through which they travel to reach sanctuary.
From 2017 to 2019, two U.S. technology giants, Apple and Qualcomm, engaged in a war of patent suits across the world. One battle took place at the International Trade Commission (ITC), a federal agency that prevents patent-infringing products from entering the United States.
Presidents have increasingly turned to the administrative state to implement their political agendas.
Perhaps no problem has caused more consternation and outright confusion in administrative law circles than the Ad-ministrative Procedure Act’s (APA) exemptions to notice-and-comment rulemaking, the process by which agencies present proposed rules to the public for feedback before issuing them in final form.
Administrative adjudication is poised for avulsive change. The Supreme Court recently pronounced some administrative law judges (ALJs) constitutional officers that must be appointed by the President, a department head, or a court of law.
In the earliest days of his presidency, Donald Trump issued an executive order that exemplifies a common attitude toward regulation today. President Trump ordered federal administrative agencies to revoke at least two regulations for every one they issued and to cut regulatory costs without considering the benefits lost.
The Supreme Court’s decision in Chevron, U.S.A., Inc v Natural Resources Defense Council, Inc has been a boon for federal agencies.
The Administrative Procedure Act (APA) distinguishes between “legislative rules” that bind with the force of law and “interpretive rules” that merely interpret existing statutes or rules.
Turbulence rocks the federal government, and it is now faddish to romanticize states as sites of resistance.
The Supreme Court’s decision in Chevron U.S.A. Inc v Natural Resources Defense Council, Inc has created a cottage industry in choreography.