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Perez v. Mortgage Bankers Association, 575 U.S. 92 (2015), was a United States Supreme Court case in which the Court held that the D.C. Circuit's Paralyzed Veterans doctrine is contrary to a clear reading of the Administrative Procedure Act and "improperly imposes on agencies an obligation beyond the Act's maximum procedural requirements."
The Court held that the Secretary's decision did not fall into the Administrative Procedure Act (APA)'s Section 701(a)(2) exception from judicial review for action "committed to agency discretion." [ 5 ] The Court stated that the exception was "very narrow" and that it was applicable when statutes were "drawn in such broad terms that in a given ...
Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. (1978) - courts may not impose additional procedural requirements on top of the APA in rule-making. Pension Benefit Guaranty Corporation v. LTV Corporation (1990) - informal adjudication must meet the requirements of APA sec. 555.
Franklin v. Massachusetts, 505 U.S. 788 (1992), was a United States Supreme Court case regarding the 1990 Census.It is most notable in U.S. administrative law for its holding that the Administrative Procedure Act does not authorize statutory review of actions delegated by Congress to the president of the United States.
[C]urtilage questions should be resolved with particular reference to four factors: the proximity of the area claimed to be curtilage to the home, whether the area is included within an enclosure surrounding the home, the nature of the uses to which the area is put, and the steps taken by the resident to protect the area from observation by ...
The Supreme Court reversed, and remanded the case to the Ninth Circuit Court of Appeals. On remand, the court analyzed the case under the new standard, upholding the district court's original grant of summary judgement for the defendant. [5] After Daubert, it was expected that the range of scientific opinion evidence used in court would be ...
Judge Hingston in the Maori Land Court gave an interim decision on a preliminary question favouring the iwi. The Attorney-General and others appealed to the Maori Appellate Court which then stated questions of law for the High Court. Ellis J in the High Court answered the questions favourably to the appellants. The iwi appeal to this Court. [3]
California v. Ciraolo, 476 U.S. 207 (1986), was a decision by the Supreme Court of the United States in which the Court held that aerial observation of a person's backyard by police, even if done without a search warrant, does not violate the Fourth Amendment to the U.S. Constitution.
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