Sentences with phrase «interpretation of administrative law»

Justice Scalia wrote the majority opinion, which hinged on an interpretation of administrative law requirements and did not overturn EPA's ability to regulate hazardous air pollutants from power plants.

Not exact matches

With increasing frequency, administrative interpretations of federal laws, namely, Title IX, are being used to complicate, if not contravene the teaching of the church on sexuality and marriage.

Of even more dubious validity are GUIDELINES issued by some administrative body based on its INTERPRETATION of a laOf even more dubious validity are GUIDELINES issued by some administrative body based on its INTERPRETATION of a laof a law.

In handling a significant number of discrimination charges from the administrative process and through litigation, our firm is familiar to the nuances of the law and recent trends in their interpretations.

Our firm regularly handles claims pf discrimination from the administrative process and through litigation, and is familiar with the nuances of discrimination laws and recent trends in their interpretations.

It stated that various Dutch administrative authorities (in charge of determining whether a TCN has a right of residence) were applying a very restrictive interpretation of the Ruiz Zambrano case law to cases such as the present one.

In this respect, he immediately excludes the relevance of national law and practices (Art. 52 (6) CFREU) and of the constitutional traditions common to the Member States (Art. 52 (4) CFREU) for the purpose of the interpretation of Article 50 CFREU with regard to the combination of administrative and criminal sanctions.

Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.

Incorporation of foreign and international rules and principles will require skills of synthesis and distinguishing that are distinct from traditional domestic legal reasoning, and they may require appreciation of important differences in foreign / international legal, political, or perhaps even cultural context.63 International legal rules often play a complex role in domestic law, presenting issues of interpretation and enforceability that do not easily fit within traditional domestic United States legislative, administrative, and judicial legal structures.64 Integration or application of rules from foreign nations may be even more complex, especially where those systems are substantially different from our own.65 Additionally, there may be discrepancies between the form and function of foreign or international law that affect their proper application.

Tagged with: administrative law administrative tribunals Chevron correctness standard deference Dunsmuir public law reasonableness reasonableness standard standard of review statutory interpretation

He acted as the sole legal advisor for over 2,800 sailors and marines across seven ships, managed eight afloat legal offices and provided real - time legal interpretations on the rules of engagement, law of the sea, criminal and administrative law.

[A] huge amount of the law school curriculum — from tax to administrative law to corporations to criminal law — seems like it builds at least as much on statutory interpretation as on the common law.»

Administrative Law Matter Bamzai: The Origins of Judicial Deference to Executive Interpretation

Seyfarth Synopsis: On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238, which amended the state's administrative procedure laws to remove «Chevron Deference,» so that for disputes involving state administrative law, courts will not be required to defer to an agency's interpretation of an ambiguous statutory provision.

His areas of practice include contract interpretation, shareholder / partner disputes, trade mark infringement, consumer law, joint ventures and partnerships, construction law, insolvency, fraud, administrative law, and professional negligence.

[17] Wade MacLauchlan «Judicial Review of Administrative Interpretations of Law: How Much Formalism Can We Reasonably Bear?»

This program highlights topics fundamental to administrative law, including principles of natural justice, evidentiary issues, legislation interpretation, and the judicial review process.

Indeed, in Administrative Law, Wade and Forsyth go further, suggesting that Anisminic amounted not to the interpretation of the provision but to judicial rejection of it: the judgment, they write, rendered «shall not be questioned» ouster clauses «totally ineffective», such that «[t] he policy of the courts... becomes in effect one of total disobedience to Parliament».

If Congress was indeed using «set aside» in this technical manner, then I might need to rethink my current stance against remedial restraint in administrative law — at least as a matter of statutory interpretation.

Judicial decision - making provides five advantages not adequately provided by administrative agencies: (1) a clear and exact burden of proof; (2) an opportunity to rigorously test the evidence for accuracy, integrity, and persuasiveness; (3) a thorough debate as to the correct interpretation and application of the law for the issues and evidence involved; (4) a decision by a truly impartial and competent adjudicator; and, (5) the right to a jury trial, in situations allowed by law.

This month, aspects of administrative law that I would like to focus on are jurisdiction and statutory interpretation.

But the Supreme Court's other decisions make it clear that courts must defer to an administrative tribunal's interpretation of law, except on legal questions considered «of central importance for the legal system» (a category that notably includes constitutional questions).

Here is the first of several extracts from a paper I am working on, on the subject of convergence and divergence in English and Canadian administrative law At first glance, administrative law in Canada, where courts regularly defer to administrative decision - makers» interpretations of law and judicial review of administrative action is organised around the concept -LSB-...] Read more

[iv] Adrian Vermeule, Judging Under Uncertainty: An Institutional Theory of Legal Interpretation (Cambridge, MA: Harvard University Press, 2006) and Paul Daly, «The Unfortunate Triumph of Form Over Substance in Canadian Administrative Law» (2012) 50 (2) Osgoode Hall Law Journal 317.

These changes might include amendments to the Bankruptcy Code, changes to the Federal Rules of Bankruptcy Procedure, administrative rules or actions, recommendations on proper interpretations of existing law and other best practices that judges, trustees and lawyers can implement.»

[22] Subsequently Lord Carnwath suggested in Jones (Caldwell) v First Tier Tribunal [23] that the distinction between law and fact — upon which close judicial control of administrative interpretations of law logically depends — does not accomplish significant analytical work.

It is supported by Article 12 of the Administrative Litigation Law and the ALL Judicial Interpretation.

Since I began teaching in the doctrinal classroom six years ago, I have been committed to developing practical lawyering materials for each of my courses (Legislation and Statutory Interpretation, Civil Procedure, Constitutional Law II, Administrative Law, and Education Law and Policy).

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Some philosophical reflections, courtesy of Justice Martineau: [92] The legal explanation for allowing two [differing] interpretations of the law, if reasonable, to stand is simply that courts must respect the legislator's intention that such types of administrative decisions, which are protected by a privative clause, be not reviewed unless the tribunal has -LSB-...] Read more

[3] On the basis of the applicant's cassation appeal with the Supreme Administrative Court by order dated 9.5.2012, No. 6 Ads 18/2012 -82, reversed in accordance with Article 267 of the Treaty on the Functioning of the European Union concerning the interpretation of European Union law on the Court and presented him the following questions: 6 Ads 18/2012 First Excludes Council Regulation (EC) No 1408/71 on the application of social security schemes nazaměstna not persons and their families moving within the Community (Regulation of the European Parliament and Council Regulation (EC) No 883/2004 on the coordination of social security systems), from its scope ratione personae citizen of the Czech Republic, which, in circumstances such as those in the present case, before 1 First 1993 subject to the laws governing pension defunct State (Czech and Slovak Federal Republic), Acting in accordance with these periods sčlánkem 20 of the Treaty concluded on the 29th 10th 1992 between the Czech and Slovak republikouo Social Security registered in Annex III of Regulation (EC) No 1408/71 (Annex II of the European Parliament and Council Regulation No 883/2004) are regarded as periods Slovak Republic apodlevnitrostátního rules created by the Constitutional Court of the Czech Republic at the same time as the time Czech Republic?

The Court also held that the CFPB overreached by applying its novel (and incorrect) interpretation retroactively to PHH conduct that occurred prior to the time of that interpretation, since PHH was acting in accordance with the law as previously set forth in administrative interpretations and regulations issued by HUD.