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Author: JurisPage
The power of (strategic) concessions
A decision of the D.C. Circuit this past week shows the power of strategic concessions. The case involved a federal rule mandating shutoff valves in ...
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D.C. Circuit throws shade on legislative history and Chevron
Are you a litigator looking for a federal case that (a) rejects legislative history, or (b) frowns on applying Chevron deference in the face of ...
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Major questions v. elephants in mouseholes
Do you know the difference between the major-questions doctrine and the no-elephants-in-mouseholes principle? If you ever find yourself litigating against federal agencies, it’s a distinction ...
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D.C. Circuit releases deluge of published opinions
Oral arguments ended in May, but the D.C. Circuit’s still churning out published rulings. Nine were issued this past week: a decision under the Internal ...
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The D.C. Circuit’s jurisdictional trap in agency appeals
If you ever challenge federal agency actions, you’ll want to note a decision of the D.C. Circuit published last week. Everybody knows that, in federal ...
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In statutory construction, be careful assuming the greater includes the lesser
The FDA has the undisputed power to ban a medical device entirely; but if it approves the device, it may not ban certain uses. That ...
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Panel critical of attack on Trump Administration’s interpretation of the Affordable Care Act
In recent weeks, the press has focused heavily on how a possible Justice Amy Coney Barrett may view the Trump Administration’s pending challenge to the ...
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The D.C. Circuit as a local court?
The D.C. Circuit is known as the Nation’s second-most powerful court largely because it often reviews decisions of the federal government. But that was not ...
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Evading Creatively accommodating the D.C. Circuit’s word limits
Well, this is a new one—to us at least. Four years ago, the Federal Rules of Appellate procedure lowered the number of words allowed in ...
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Judge Walker on non-delegation, Chevron deference, and writing that first draft
The newest D.C. Circuit judge, Justin Walker, has received considerable attention in the press for his relative youth (he was born in 1982). Less noticed ...
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