On July 13, the U.S. Court of Appeals for the Second Circuit held in Fox Television Stations v. FCC, that the Federal Communications Commission’s indecency policy “violates the First Amendment because it is unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here.” (Slip op. at 4) While the […]
Last Thursday, May 20, the House Judiciary Committee’s Subcommittee on Commercial and Administrative Law held an oversight hearing on ACUS. The two panels of witnesses included Justices Breyer and Scalia, as well as two former Admin Law Section Chairs (Paul Verkuil, the new ACUS Chairman, and Sally Katzen of the Podesta Group), Jeffrey Lubbers of […]
On February 25, 2010, the New York City Department of Education (DOE) issued Regulation A-812 “to provide additional flexibility for fundraising while conforming to the Department of Education’s Wellness Policy and initiatives to improve the quality and nutritional value of foods and beverages that are available for children.” In brief, Regulation A-812 allows New York […]
The Administrative Conference of the United States has two senior-level vacancies for which it has posted announcements on USAJobs: Administrative Officer (GS-14) and Public Affairs Specialist (Communications Director) (GS-15). Both positions are full-time career/career-conditional appointments. The closing date for both postings is Monday, May 17, 2010. This post was originally published on the legacy ABA […]
On April 27, in Washington Gas Light Company v. FERC, No. 09-1100, the U.S. Court of Appeals for the D.C. Circuit denied a petition by Washington Gas Light Company for review of a Federal Energy Regulatory Commission (FERC) decision approving a construction project (known as “the Expansion”) that would allow two companies that receive and […]
Today, the Food and Drug Administration announced a new initiative “to address safety problems associated with external infusion pumps, which are devices that deliver fluids, including nutrients and medications, into a patient’s body in a controlled manner.” The initiative will include (1) “additional premarket requirements for infusion pumps, in part through issuance today of a […]
Last Monday, April 19, the U.S. Supreme Court heard oral argument in City of Ontario v. Quon, No. 08-1332, a case with potentially significant effects in workplaces across the country. The critical issue is whether the Ontario Police Department violated the Fourth Amendment by searching the department-issued pager of one of its officers who was […]
On Wednesday, April 21, the European Commission posted for the first time a draft of the Anti-Counterfeiting Trade Agreement (ACTA) for public review and comment. The draft, which the EC termed a “PUBLIC Predecisional/Deliberative Draft,” is the product of a multinational process going back to 2006. Currently, Australia, Canada, the European Union and its 27 […]
While many people may have been focusing just on U.S. media coverage of the SEC’s suit against Goldman Sachs, a sampling of the international coverage may be worth noting. In China, the Xinhua News Agency commented that the suit “has again sounded an alarm bell for financial regulation, which may stimulate U.S. authorities to speed […]
Today, in response to the expanding Icelandic volcanic cloud that has extensively disrupted air travel, EU Vice President Siim Kallas announced that “EU passenger rights continue to apply and air travellers should speak up to claim their rights.” Those rights, which were established by the EU Directive on air passenger rights (Regulation 261/2004), include (1) […]
There’s an interesting blog posting by Eliza Krigman of NationalJournal.com, and responses to her posting, about the final regulations that the Department of Education promulgated last week for its $350 million assessment grant competition. Krigman notes that “[a]ccording to Education Week, the rules make clear the administration’s desire to shift away from multiple-choice testing in […]
For anyone who still has difficulty in sorting out which provisions of the new health care legislation take effect at which times, the website Visual Economics has a chart that concisely lays out the timeline for the major provisions. This post was originally published on the legacy ABA Section of Administrative Law and Regulatory Practice […]
Today, the U.S. Court of Appeals issued an interesting decision in a case involving the “unit of prosecution,” a doctrine well-known in criminal enforcement but less frequently raised in civil regulatory enforcement. In National Association of Home Builders v. OSHA, No. 09-1053, three trade associations had challenged the Secretary of Labor’s amendment of regulations under […]
This blog is intended to deliver content that is timely, interesting, and useful (or at least some combination thereof) on all fields of regulatory practice and administrative law and procedure. Although the primary focus will be U.S. law at all levels of government, Arbitrary and Capricious will also present items involving foreign substantive and procedural […]