Equal Access to Justice Act Amendments of 1996: a new avenue for recovering fees from the government

Article Abstract:

Congress in 1996 amended the Equal Access to Justice Act (EAJA), which permits plaintiffs who prevail in actions against federal agencies to recover attorneys' fees and costs. The Small Business Regulatory Enforcement Act of 1998 amended the EAJA by boosting the cap on the hourly rate for attorneys' fees, by broadening the definition of "eligible party," and by allowing recovery when the government's demand is substantially larger than the final judgment.

Attorneys, Lawyers' fees, Administrative remedies

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Upholding the SEC's ability to impose sanctions in addition to those of the NASD

Article Abstract:

Jones v. Securities and Exchange Commission, which allowed the SEC to impose sanctions in addition to those of the National Association of Securities Dealers, is discussed. The author argues that the 1997 decision is contrary to the Congress's delegation of authority to the NASD and the principle of res judicata.

Cases, Securities law, United States. Securities and Exchange Commission, Case Note, National Association of Securities Dealers

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Open access or forced access: Should the FCC impose open access on cable-based Internet service providers?

Article Abstract:

The author contends that the Federal Communications Commission should deny requests from local government authorities for access to cable modem-based Internet services. Competing technologies that provide Internet services are discussed.

Local, Usage, Internet service providers, United States. Federal Communications Commission, Cable modems

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