February 06, 2013 | Inside Counsel
Regulatory: Do agencies have the power to determine the scope of their own jurisdiction?In 1984, the Supreme Court dealt with the question of whether agencies have the power to construe the statutes they are assigned to administer.
By Craig Metcalf
9 minute read
January 23, 2013 | Inside Counsel
Regulatory: Patent office secrecy orders for commercial inventions may stifle developmentIn 1999, Congress passed the American Inventors Protection Act (AIPA), which provided, among other provisions, that U.S. patent applications would be published 18 months after filing.
By Craig Metcalf
5 minute read
January 09, 2013 | Inside Counsel
Regulatory: Making up the rules while the game is being played—<em>FCC v. Fox</em>At the beginning of the 2012 NFL season the officials were on strike, and the NFL decided to use a group of replacement referees, who applied the rules of the game inconsistently or not at all.
By Craig Metcalf
4 minute read
December 26, 2012 | Inside Counsel
Regulatory: No regulation is sometimes the best optionWhen regulation is imposed there is almost always a corresponding discussion of its cost.
By Craig Metcalf
8 minute read
December 12, 2012 | Inside Counsel
Regulatory: Down the rabbit hole to EPA wonderlandOn August 21, in in EME Homer City Generation, L.P. v. Environmental Protection Agency, the D.C. Circuit vacated the Environmental Protection Agencys (EPA) Transport Rules governing air pollution emissions, which travel across state boundaries.
By Craig Metcalf
9 minute read
November 28, 2012 | Inside Counsel
Regulatory: A little good news for the regulated in Sackett v. EPAIn a 9-0 ruling, the U.S. Supreme Court ruled in Sackett v. EPA that the Environmental Protection Agency (EPA) had violated due process rights in an enforcement proceeding brought under the Clean Water Act.
By Craig Metcalf
5 minute read
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