Tag Archives: Administrative Procedure Act

Department of Education in Hot Seat Defending Another Administrative Procedure Act Lawsuit

Apart from defending Title IX lawsuits in Texas, Nebraska, Illinois, and the District of Columbia based on its Dear Colleague Letters (transgender bathroom/locker room guidance and guidance announcing the preponderance of the evidence standard for campus sexual harassment and assault disciplinary proceedings), the U. S. Department of Education now is a defendant in a Title … Continue Reading

H.R. 4768, Separation of Powers Restoration Act of 2016, Passes House

On July 12, 2016, the House of Representatives passed H.R. 4768, the “Separation of Powers Restoration Act of 2016” by a vote of 240-171.  Short in length, the legislation amends the Administrative Procedure Act to overturn the Chevron and Auer doctrines of judicial deference to agency interpretations of statutory and regulatory provisions.  Reviewing courts would … Continue Reading

Court of Appeals Holds Notice and Comment Rulemaking Required

In a 2-1 decision  announced on November 9, 2015, the U.S. Court of Appeals for the Fifth Circuit affirmed a Texas court’s injunction against executive actions of the Department of Homeland Security that had sought to give quasi-legal status and work permits to certain undocumented immigrants.  In so holding, the court noted the executive actions constituted, … Continue Reading

Federal Trade Commission Takes Interest in FERPA Privacy Protections

While the Federal Trade Commission has recently (August 15, 2012) taken a keen interest in helping parents safeguard their child’s personally identifiable information, the Department of Education has done the opposite in its final regulations under the Family Educational Rights and Privacy Act (FERPA).  Indeed, earlier in the year the Electronic Privacy Information Center (EPIC) … Continue Reading
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