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.
June
2024
Comment
A patent does not magically ensure that an inventor receives the twenty-year personal monopoly to which she is entitled over the personal and commercial use of her invention. To maximize a patent’s value, the patent holder must diligently enforce the patent in federal court against infringers.
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) governs the filing and adjudication of federal habeas corpus petitions.
Jose Rodriguez pled guilty to cocaine distribution and firearm charges in 2012. With a United States Sentencing Guidelines (USSG) range of 120–150 months in prison for his convictions, he was sentenced to 123 months’ imprisonment and 3 years’ supervised release.
Often dismissed as a second-class agency with little power, the Equal Employment Opportunity Commission (EEOC) actually plays a crucial role in antidiscrimination efforts and is tasked with enforcing every employment discrimination statute in the federal arsenal.
There is no such thing as a free bankruptcy.
Abraham is a young student with Down syndrome living in Los Angeles. He attends a specialized school for students with unique educational needs.
A criminal defendant is charged with wire fraud in violation of 18 USC § 1343. As he and his defense attorney prepare for trial, the US Attorney’s Office notifies him that there is reason to believe he has previously committed bankruptcy fraud in violation of 18 USC § 152.
Imagine you go to Toronto for a weekend trip with your family. While driving home to Detroit, a border agent pulls you aside, brings you into an isolated room, and asks you, seemingly out of nowhere, “How many times a day do you pray?”
The default rule for judicial review of agency action is that review is available under the Administrative Procedure Act (APA) for agency actions that are both ripe and final.