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The "arbitrary or capricious" test is a very forgiving standard that asks little more than whether an agency's decision is supported by a “rational connection between the facts found and the choice made.” Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc., 419 U.S. 281, 285 (1974). Using the standard, a reviewing court will not ask ...


11

The agency must have provided "reasoned analysis" for rescinding its previous rule The Supreme Court in Motor Veh. Mfrs. Ass'n v. State Farm Ins., 463 U.S. 29 (1983) held that (emphasis added): An agency changing its course by rescinding a rule is obligated to supply a reasoned analysis for the change beyond that which may be required when an ...


6

In the example given, both elements must be established. This is the most common meaning of the word "and" in a statute or rule or contract or other writing, but there are times when "and" does not have that meaning. One must always determine the meaning from context on a case by case basis. Words do not have a single universal meaning in ...


6

They need to show that they have considered the evidence, followed law and procedure and have rendered a decision on that basis This is a good overview. With specific reference to the arbitrary and capricious test: In making this determination, the reviewing court will not find that the administrative body acted arbitrarily unless the agency failed to ...


2

The university gives you no reason to think that the statement "Students may forgive any three courses, provided that they are not required for their major" means "Students may forgive any three courses, provided that they are not used to satisfy any university requirements". They also clearly state that "Forgiveness cannot be ...


2

After the experiences of Nazi rule, Germany wrote Article 20(4) in the constitution: All Germans shall have the right to resist any person seek­ing to abolish this constitutional order if no other remedy is available. This right prevents the excuse of many German soldiers and officials after WWII, "but I took an oath on the Führer, I had to follow ...


2

Well Britain has parliament and the judiciary and a common law that has developed through precedent. It doesn't have a written constitution as the US does. However, it's taken roughly a thousand years for Parliament to evolve to this stage from the Kings council first held after William the Conquerer conquered England and then much later a civil war, which ...


1

The exact version of the hypothetical DACA rescission rulemaking imagined by the OP would likely be vulnerable to legal challenge because, as the Supreme Court ruled in Motor Vehicles Manufacturers Ass'n v. State Farm Mutual Automobile Insurance Co., 463 U.S. 29 (1983), one of the possible reasons why courts may set aside an agency action as "arbitrary ...


1

To add a bit of detail from the FDA's own write-up on how they navigate the apparently conflicting requirements... they are clearly not fond of such requests for ingredient secrecy, but they may grant them in the sense of putting a more vague label on the product. That doesn't mean the applicant doesn't have to submit the exact nature of the substance to the ...


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