Congress paralyzes section 925(c) of the Gun Control Act

Article Abstract:

The US 3d Circuit Court of Appeals' decision in Rice v. Department of Alcohol, Tobacco & Firearms exemplified why Congress should reconsider its funding of agencies that review applications from convicted felons seeking to regain firearm privileges under section 925(c) of the Gun Control Act. The Third Circuit stated courts have the authority to review the applications, since the congressional funding bills did not expressly bar courts from reviewing them. The court's position was representative of how gun policies can become inconsistent without agency participation.

Gun control

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A choice between irreparable harm and Occupational Safety and Health Act penalties

Article Abstract:

The US 1st Circuit Court of Appeals' enforcement of a statutory preclusion of judicial review of Occupational Safety and Health Administration (OSHA) conduct in Northeast Erectors Ass'n v. Secretary of Labor violated the plaintiff's due process rights. The decision put the plaintiff building contractor in a position of either following OSHA orders or creating unsafe working conditions. The result in this case does not follow the intent of Congress when promulgating its preclusion rule.

United States. Occupational Safety and Health Administration, Due process of law, Administrative sanctions

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A balanced approach to judicial review under the Regulatory Flexibility Act

Article Abstract:

The US Court of Appeal for the 1st Circuit, in Associated Fisheries v. Daley, ruled that the substantive standards of the Regulatory Flexibility Act of 1980 (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, do not apply retroactively. The RFA as amended provides for judicial review of agency rules concerning small business to prevent inequitable regulatory impact. The Court's ruling may impair judicial review of regulatory flexibility decisions.

United States, Small business, Industry regulations, Government regulation of business, Trade regulation, Retroactive laws

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