The U.S. Merit Systems Protection Board (MSPB is currently accepting applications for a Supervisory Attorney-Advisor (General) (Associate Director) position in Washington, D.C. The deadline for applying is May 15, 2013 or, once the first 100 applications are received. The MSPB carries out its statutory responsibilities and authorities primarily by adjudicating individual employee appeals and by […]
Workplace wellness programs have recently become very popular with both employers and employees. In a study sponsored by the U.S. Department of Labor, 92 percent of employers with 200 or more employees reportedly offered a wellness program in 2009. Wellness programs are designed to improve the health of employees and therefore lower the cost of […]
Registration is now open for the Section’s 8th Annual Homeland Security Law Institute, to be held June 20 and 21 at the Capital Hilton in Washington, DC. Register online here. This 2-day program features numerous panels and presentations on topics such as export control, transportation security, immigration enforcement, money laundering, and cyber security. The full […]
Join Section members for the Spring Mingle Event on Wednesday, May 8, from 5:00 to 7:00. The event will take place on the 10th floor terrace of ABA Headquarters to honor Neil Eisner as Senior Fellow of the Section. All Section members are welcome. There is no charge, but an RSVP is required by May […]
There are just a few weeks left to comment on the Centers for Medicare & Medicaid Services (“CMS”) proposed rule changing the Part B inpatient billing policy. The proposed rule would rework Medicare Part B billing policies when Part A claims for hospital inpatient services are denied as “not medically reasonable and necessary . . […]
On April 2, 2013, the U.S. Court of Appeals for the D.C. Circuit reversed a District Court ruling in favor of the Federal Election Commission (“FEC”). Citizens for Resp. and Ethics in Washington v. Fed. Election Comm., 711 F.3d 180 (D.C. Cir. 2013). The District Court granted the FEC’s motion for summary judgment of a […]
Meet Jason Mendro, a Partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP. Jason’s practice includes general litigation, class actions, securities litigation, and administrative law. Below, he discusses what he enjoys about practicing law and offers advice for aspiring attorneys. 1. What do you like most about your current job? My favorite […]
The court, in Comité de Apoyo a los Trabajadores Agricolas v. Solis, “vacated portions of [the Department of Labor’s] (“DOL’s”) current prevailing wage rate regulation . . . .” In response, the Department of Homeland Security (“DHS”) and the DOL are jointly “amending regulations governing certification for the employment of nonimmigrant workers in temporary or […]
The plaintiff brought this case under the Magnuson–Stevens Act (“MSA”) in the Northern District of California. Judge Edward Chen delivered the opinion on April 12, 2013. Oceana, Inc. v. Bryson, C-11-6257 EMC, 2013 WL 1563675 (N.D. Cal. 2013). The opinion resulted from cross-motions for summary judgment. The plaintiff, Oceana Inc., a non-profit organization sued John […]
The “Presidential Memorandum Regarding 12/25/2009 Attempted Terrorist Attack,” charges the Transportation Security Administration (“TSA”) with “aggressively pursuing enhanced screening technology in order to prevent further such attempts, while at the same time protecting passenger privacy.” In 2011, the U.S Court of Appeals for the District of Columbia ordered the TSA to “provide notice and . […]
Register now for tomorrow’s teleconference: Decker v. NEDC: The Clean Water Act, Agency Deference, and How Recent Court Decisions Affect Your Practice. The Section is cosponsoring the event along with the National Conference of the Administrative Law Judiciary and several other Sections. The event takes place from 12:00 pm to 1:30 pm ET Wednesday, April […]
Meet Katie Kennedy, a third-year law student at Appalachian School of Law and Editor of the Notice and Comment, Recent Cases section. Below, she shares why she decided to go to law school, her experience as a law student, and discusses the benefits of being involved in the ABA. 1. Where do you attend law […]
Gridlock in the Senate over agency appointments has become a feature of Washington politics. The problem was compounded this year when the D.C. Circuit limited the president’s authority to make recess appointments in Noel Canning v. NLRB, No. 12-1115 (D.C. Cir., Jan. 25, 2013). Yet the last few days have offered up their share of […]
The 2013 Annual Section Awards Dinner isn’t taking place until October or November, but the time to nominate the winners is now! Nominations are due by May 1, 2013 for the following awards: Annual Award for Scholarship in Administrative Law: Nominate a written work that was published (copyrighted) in 2012. Mary C. Lawton Award for […]
The U.S. Court of Appeals for the D.C. Circuit recently declined review of an ALJ decision citing Excel Mining, LLC (“Excel”) for violating the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(d). Excel Mining, LLC v. Dep’t of Labor, 2013 U.S. App. LEXIS 5261, 1, 2013 WL 1155362 (D.C. Cir. Mar. 15, […]