Class_Presentation_14-15 - Class 14 Overton Park (SC1971)...

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    Class 14 Overton Park (SC1971) Sec Trans must consider “feasible/prudent alternatives” Local officials decided park was best route for highway Sec accepted but made no findings D.C. affirms Sec. Sc reverses on §706(2)(A) arb/cap review Deferential but “probing, in depth” review Hard look doctrine on remand, Secy changes mind – hwy not built MVMA v STATE FARM (SC 1983) White, J. History of seatbelts, passive restraints, from 1967-1981 A/C review narrow, political issue – can NHTSA change mind – yes – but how? But must consider all factors. airbag only option on ignored Rehnquist (dissent) politics is for political branches (cf Chevron ) Fed Ex v. Holowecki (SC 2008) What is a “charge” under EEOC regs gets agency defence under Chevron and Auer, if reasonable. Kennedy – defer to agency Thomas (dissents) = not a charge on a definitional basis.
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    Class 15 FCC v. Fox (SC 2009) (Scalia) Obscene language – indecency regulation FCC used “full content” rule to determine that repetitive instances were actionable
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This note was uploaded on 01/31/2010 for the course LAW 7521 taught by Professor Stack during the Fall '04 term at Yeshiva.

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Class_Presentation_14-15 - Class 14 Overton Park (SC1971)...

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