Tag Archives: adjudication

Due Process, Immigration Judges, and Immigration Officers , by Richard J. Pierce, Jr.

by Guest Blogger — Wednesday, July 24, 2019

The Supreme Court has long emphasized the requirement of a neutral decision maker as a critical component of the process that is due any individual who has a dispute with government.[1] The Court has also emphasized the importance of the interest an individual has at stake in identifying the procedures required by due process.[2] Yet, […]

70th Plenary Agenda: Comments Due Dec. 7 (ACUS Update)

by Emily Bremer — Wednesday, Nov. 28, 2018@emilysbremer

The Administrative Conference will host its 70th Plenary Session on December 13th and 14th, 2018.  Once again, the meeting will be held at the George Washington University Law School, Jacob Burns Moot Court Room, 2000 H Street NW, Washington, DC 20052.  The Assembly is set to consider five proposed recommendations.  From the Federal Register notice, these recommendations […]

Recommendations, Recommitted Actions, and Revised Rules (ACUS Update)

by Emily Bremer — Saturday, July 7, 2018@emilysbremer

If you’re looking for a little light poolside reading, check out the three new recommendations and other actions taken by ACUS at its 69th Plenary session last month.  The recommendations address the Paperwork Reduction Act, severability in judicial review of agency rulemaking, and electronic case management in adjudication.  In addition to adopting these recommendations, the Assembly recommitted […]

Administrative Law’s Ordinary Remand Rule: In re Negusie Edition

by Christopher J. Walker — Monday, July 2, 2018@chris_j_walker

When a court concludes that an agency’s decision is erroneous, the ordinary rule is to remand to the agency to consider the issue anew (as opposed to the court deciding the issue itself). The Supreme Court arguably first articulated this ordinary remand rule in the Chenery decisions in the 1940s. As I explore elsewhere, the Court […]

Oil States and Patent Adjudication at the USPTO

by Christopher J. Walker — Wednesday, Feb. 28, 2018@chris_j_walker

Last November the Supreme Court heard oral argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC to consider whether certain agency adjudications at the U.S. Patent and Trademark Office are unconstitutional because they strip parties of their private property rights in a non-Article III forum and without a jury. At oral argument, the justices raised […]

The Administrative Law Angle of the Calabresi-Hirji Proposed Judgeship Bill

by Christopher J. Walker — Wednesday, Nov. 22, 2017@chris_j_walker

Steve Calabresi nearly broke the internet (see, e.g., here, here, and here) by proposing last week at the Federalist Society National Lawyers Convention that the Trump Administration should add more judges to the federal judiciary. His proposal, coauthored with Shams Hirji, is available on SSRN here. Here’s a summary of the proposal: This paper argues that the […]

Perspectives on the Patent Trial and Appeals Board: Scalia Law School Conference, 11/9

by Christopher J. Walker — Thursday, Oct. 26, 2017@chris_j_walker

[CJW Note: Originally posted on 10/23, but reposted with agenda on 10/26] From the conference website: Perspectives on the PTAB: The New Role of the Administrative State in the Innovation Economy November 9, 2017 9:30 AM – 5:00 PM Antonin Scalia Law School, George Mason University Arlington, Virginia Co-sponsored by the Center for the Protection […]