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Deference Disregards Duty
July 16, 2021
Deference is ubiquitous in modern administrative law. Chevron, U.S.A., Inc. v. NRDC, Inc. is the most cited case in administrative law and one of the most cited Supreme Court cases in history, having been cited in more than 17,428 cases and 12,879 law review articles as of June 28,…
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Landlords Lose Challenge to Eviction Ban at 11th Circuit
July 14, 2021
An effort by a national landlord group to strike down the federal directive halting residential evictions during the Covid-19 pandemic was rebuffed Wednesday by a divided 11th Circuit panel, which ruled that the landlords failed to show they would suffer irreparable harm if they remained unable to evict delinquent tenants.…
Landlords lose latest challenge to CDC eviction freeze
July 14, 2021
A federal appeals court on Wednesday rejected a bid by a group of landlords seeking to overturn the Centers for Disease Control's nationwide freeze on many residential evictions during the COVID-19 pandemic. Read the full article
Federal appeals court leaves evictions moratorium in place, a blow to landlords
July 14, 2021
A federal appeals court ruled Wednesday the federal government’s ban on evicting tenants can remain in place over protest from mom-and-pop landlords. A group of landlords had asked the U.S. Circuit Court of Appeals for the 11th Circuit to halt the eviction moratorium, saying it is unconstitutional and an overreach…
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For Smaller Landlords, Rent Moratoriums Just Pass The Payment Buck Up The Chain
July 13, 2021
Keep living in an apartment without paying rent? In the “before times,” it would have been unthinkable — at least without a concerted legal battle with an angry landlord. During the COVID-19 pandemic, though, all that went out the window. Congress first put an eviction moratorium into place from March…
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IRS Crypto Exchange Data Suit Wrongly Tossed, 1st Circ. Told
July 12, 2021
A New Hampshire federal court wrongly found that a man's efforts to block the Internal Revenue Service from obtaining his records from cryptocurrency platforms would unlawfully restrain the collection of tax, he told the First Circuit. James Harper's suit requesting the IRS expunge his financial records that it obtained from…
NCLA Files Appeal Against the IRS — Law Firm Claims Tax Agency Unlawfully Seizes Crypto Data of Thousands
July 10, 2021
On Friday, the public interest law firm New Civil Liberties Alliance (NCLA) filed an opening brief in the cryptocurrency case of James Harper v. Charles P. Rettig. The NCLA argues that Harper’s Fourth and Fifth Amendment constitutional rights were violated by the Internal Revenue Service (IRS). The U.S. tax agency…