The conflict between fair warning and adjudicative retroactivity in D.C. Circuit administrative law

Article Abstract:

The US Court of Appeals for the DC Circuit, in reviewing administrative agency regulations, produced two conflicting rules. Retroactivity permits agencies to apply new interpretations of regulations retroactively, while the fair warning rule delineated in US v. Chrysler Corp. safeguards procedural fairness by limiting retroactivity. However, the fair warning rule resulted in regulatory loopholes damaging to defeat public policy. The Court should resolve this conflict in a way that properly curtails the fair warning rule.

Administrative procedure, Retroactive laws, Case Note

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Beyond the limits of equity jurisprudence: no-fault equitable subordination

Article Abstract:

The author analyzes two 1996 Supreme Court cases involving equitable subordination of claims in bankruptcy cases and the failure of the court to determine whether a bankruptcy court must find creditor misconduct before its subordinates a claim. The need for a bright-line rule requiring such a finding is discussed.

Laws, regulations and rules, Bankruptcy discharge, Equitable remedies

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Bankruptcy Court jurisdiction and agency action: resolving the NextWave of conflict

Article Abstract:

The author discusses decisions of the US 2d Circuit Court of Appeals which held that the federal bankruptcy court lacks the jurisdiction to determine whether the FCC may be stayed for revoking a debtor's radio spectrum license. Topics include the distinction between agency action as a creditor and as a regulator.

Radio broadcasting, Frequency allocation (Telecommunications), Powers and duties, Radio frequency allocation, Bankruptcy courts, United States. Bankruptcy Court

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