Monthly Archives: April 2012

So much for agency expertise.

Joshua D. Wright (George Mason University School of Law) and Angela M. Diveley have posted on RegBlog a synopsis of their recent unpublished paper, Do Expert Agencies Outperform Generalist Judges? Some Preliminary Evidence from the Federal Trade Commission. Continue reading

D.C. Circuit Fills in Some Blanks in Guantanamo Mad Libs Opinion

Today the D.C. Circuit released a more complete version of the opinions (searchable pdf) in a controversial Guantanamo habeas case currently before the Supreme Court on a cert petition. Continue reading

Supreme Court Refuses to Defer to IRS Interpretation of a Statute of Limitations

The Supreme Court held yesterday that the IRS has just three years to bring a deficiency action against a taxpayer that reduces its tax liability by overstating basis instead of omitting gross income–not six years as the IRS argued.  Yesterday’s decision in United States v. Home Concrete & Supply effectively overrules the D.C. Circuit’s decision in Continue reading

Embryonic Stem Cell Research Appeal Spawns Law-of-the-Case Debate

Lawyers on both sides in today’s embryonic stem cell research argument before the D.C. Circuit left the argument feeling optimistic, according to Merideth Wadman at the Nature News Blog.  Wadman reports that the panel focused on Continue reading

D.C. Circuit Holds IRS Appeals Officers Are Not Subject to the Appointments Clause

Today the D.C. Circuit affirmed the Tax Court’s determination that IRS Appeals Officers, who are authorized to make deficiency determinations and compromise a taxpayer’s disputed liability, are not “Officers of the United States” who must be appointed by the President or by the heads of departments pursuant to the Appointments Clause.  Continue reading

Supreme Court: No Liability for Organizations Under Torture Victims Protection Act

Today the Supreme Court unanimously affirmed Judge Ginsburg’s holding that the Torture Victim Protection Act (“TVPA”) does not permit suits against organizations.   Continue reading

Judge Ginsburg on the Path of Administrative Law

The latest issue of the Georgetown Journal of Law & Public Policy contains a speech that Judge Ginsburg delivered in 2011 on the work of the D.C. Circuit.
Continue reading

Supreme Court Denies Cert in Two Guantanamo Cases

The Supreme Court denied cert today in Gul v. Obama, a case brought by former Guantanamo detainees complaining of the conditions of their release, and Abdah v. Obama, concerning the rights of Guantanamo detainees to advanced notice and an opportunity to challenge their transfer to countries where they say they will be mistreated. Continue reading

FDA May Get Burned by D.C. Circuit on Cigarette Warning Labels

Tuesday’s oral argument on the FDA’s proposed cigarette carton labels drew more attention than an ash tray in a D.C. restaurant.   Continue reading

No One Says “Dissental”

The latest volley in the debate over the propriety of dissents from the denial of rehearing en banc came yesterday from Chief Judge Alex Kozinski of the Ninth Circuit and a former clerk in an essay entitled I Say Dissental, You Say Concurral. Continue reading