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- 1From:Congressional Research Service (CRS) Reports and Issue BriefsUpdated November 8, 2022 The past several years have seen court cases challenging high-profile government actions including environmental regulations, immigration policies, election administration, economic measures,...
- 2From:Congressional Research Service (CRS) Reports and Issue BriefsJune 15, 2022 On May 16, 2022, the Supreme Court decided Patel v. Garland, a case concerning the scope of an Immigration and Nationality Act (INA) provision barring judicial review of decisions denying certain forms of...
- 3From:Congressional Research Service (CRS) Reports and Issue BriefsJune 14, 2022 This Legal Sidebar is the fifth in a six-part series that discusses the Supreme Court's political question doctrine, which instructs that federal courts should forbear from resolving questions when doing...
- 4From:Congressional Research Service (CRS) Reports and Issue BriefsApril 19, 2021 Agencies often issue statements that, unlike legislative rules, do not carry the force of law. These statements include interpretative rules, which advise the public of an agency's interpretation of the...
- 5From:Congressional Research Service (CRS) Reports and Issue BriefsOverview of Rulemaking What Is Federal Rulemaking? Congress often grants rulemaking authority to federal agencies to implement statutory programs. The regulations issued pursuant to this authority carry the force and...
- 6From:Yearbook of European LawI. Introduction The growth of administrative integration in the European Union (EU) challenges the protection of individual rights. As the system of EU governance has expanded administrative interdependencies between...
- 7From:Yearbook of European LawThe concept and scope of implementing powers under Article 291 (2) TFEU have been subject to debate ever since the Treaty of Lisbon entered into force, and even prior to this in the general context of constitutional...
- 8From:Congressional Research Service (CRS) Reports and Issue BriefsJanuary 22, 2021 The Immigration and Nationality Act (INA) establishes removal processes for different categories of non-U.S. nationals (aliens) who do not meet requirements governing their entry or continued presence...
- 9From:Congressional Research Service (CRS) Reports and Issue BriefsSeptember 17, 2020 Individuals and entities affected by a federal agency's action sometimes may be able to challenge that action in federal court. In some cases, an agency's governing statute specifically authorizes...
- 10From:Congressional Research Service (CRS) Reports and Issue BriefsAugust 17, 2020 Since 1990, the U.S. Environmental Protection Agency's (EPA's) efforts to regulate mercury and other hazardous air pollutants (HAPs or air toxics) emitted by power plants have faced numerous legal...
- 11From:Congressional Research Service (CRS) Reports and Issue BriefsJuly 23, 2020 Congress has broad authority to define and prescribe the powers and responsibilities of federal agencies. Typically, an agency may carry out its congressionally prescribed responsibilities in a number of...
- 12From:Congressional Research Service (CRS) Reports and Issue BriefsApril 28, 2020 In 2011, Congress enacted major patent reform in the Leahy-Smith America Invents Act (AIA). The AIA, among other things, created inter partes review (IPR), an adversarial procedure during which the U.S....
- 13From:Congressional Research Service (CRS) Reports and Issue BriefsUpdated July 9, 2018 Federal courts are frequently called upon to evaluate foreign law in a variety of contexts--from routine breach of contract and tort claims to complex cases implicating the judicial branch's role...
- 14From:Congressional Research Service (CRS) Reports and Issue BriefsPrivatization is a broad term that encompasses various types of public-private arrangements, including contractual relationships with private entities for goods or services and government-funded voucher programs that...
- 15From:Congressional Research Service (CRS) Reports and Issue BriefsThe Administrative Procedure Act (APA), which applies to all agencies of the federal government, provides the general procedures for various types of rulemaking. The APA details the rarely used procedures for formal...
- 16From:Congressional Research Service (CRS) Reports and Issue BriefsThe U.S. Constitution vests the judicial power in the Supreme Court and any inferior courts established by Congress, limiting the power of federal courts to the context of "cases" or "controversies." Pursuant to...
- 17From:Congressional Research Service (CRS) Reports and Issue BriefsWhile the Administrative Procedure Act (APA) generally requires agencies to follow certain procedures when promulgating rules, the statute's "good cause" exception permits agencies to forgo Section 553's notice and...
- 18From:Encyclopedia of World BiographyBIOGRAPHICAL ESSAY The English jurist and parliamentarian Sir Edward Coke (1552-1634) fought to prevent royal interference with the independent common-law courts. Edward Coke was born at Mileham, Norfolk, and was...
- 19From:Congressional Research Service (CRS) Reports and Issue BriefsThe Referee Role The Supreme Court serves as both referee between the two national elective branches and as the umpire of federal-state relations. Ever since the Court claimed the power of judicial review in 1803 and...
- 20From:The New Dictionary of Cultural Literacy: What Every American Needs to Know (3rd ed.)The principle by which courts can declare acts of either the executive branch or the legislative branch unconstitutional. The Supreme Court has exercised this power, for example, to revoke state laws that denied civil...