You must not charge more
than your reasonable administrative costs for conducting this transfer.
Not exact matches
In any action or
administrative proceeding commenced pursuant to this Act, the court or agency, in its discretion, may allow the prevailing party, other
than the United States, a
reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.
It is to be hoped that it actually does all this, for while the document setting out this promise is clear and
reasonable it is easier to state an
administrative goal
than to reach it.
Even a very incomplete list gives an impression of the large number of significant opinions he has written: seminal
administrative law cases such as Chevron v. NRDC and Massachusetts v. EPA, the intellectual property case Sony Corp v. Universal City Studios (which made clear that making individual videotapes of television programs did not constitute copyright infringement), important war on terror precedents such as Rasul v. Bush and Hamdan v. Rumsfeld, important criminal law cases such as Padilla v. Kentucky (holding that defense counsel must inform the defendant if a guilty plea carries a risk of deportation) and Atkins v. Virginia (which reversed precedent to hold it was unconstitutional to impose capital punishment on the mentally retarded), and of course Apprendi v. New Jersey (which revolutionized criminal sentencing by holding that the Sixth Amendment right to jury trial prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts other
than those decided by a jury beyond a
reasonable doubt).
The problems I encountered were: (1) obfuscation ensured lawyers were the only conduit into the system (the process is now easy to understand with all of the new services and interactive flowcharts); (2) most of my legal fees where for services that did not require a law degree; (3) the most expensive errors were legal errors and there was no
reasonable recourse for recovery; (4) the court administration was unable to handle the volume; (5) simple but essential
administrative tasks, like filing documents, required either half a day or $ 100 + for every single filing; (6) Security and privacy are completely ignored, unlike every other profession; (7) there is no incentive, nor is there a governing body to ensure the matter is handled in an ethical, humane, timely manner; (8) lawyers have a monopoly and charge more
than the market can bear for personal litigation.