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United States V. Students Challenging Regulatory Agency Procedures
''United States v. Students Challenging Regulatory Agency Procedures (SCRAP)'', 412 U.S. 669 (1973), was a landmark decision of the United States Supreme Court in which the Court held that the members of SCRAP—five law students from the George Washington University Law School—had standing to sue under Article III of the Constitution to challenge a nationwide railroad freight rate increase approved by the Interstate Commerce Commission (ICC). SCRAP was the first full-court consideration of the National Environmental Policy Act (NEPA). The Court also reversed the lower court decision that an injunction should be issued at the suspension stage of the ICC rate proceeding. The standing decision has retained its place as the high mark in the Court's standing jurisprudence. Background Student movement In the late 1960s, Ralph Nader, with the help of law and graduate students, sought to expose disquieting and sometimes corrupting relationships between industry and government reg ...
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Bloomberg BNA
Bloomberg Industry Group, Inc. (formerly known as Bloomberg BNA, The Bureau of National Affairs, Inc., and BNA) is an affiliate of Bloomberg L.P. and a source of legal, tax, regulatory, and business news and information for professionals. It is headquartered in the Crystal City, Virginia, Crystal City section of Arlington County, Virginia. The CEO of the company is Josh Eastright. The company was founded in 1929 by David Lawrence (publisher), David Lawrence and became employee-owned in 1947. When it was acquired by Bloomberg in September 2011, it was the oldest employee-owned company in the United States. History Early history (1929–2011) The Bureau of National Affairs, Inc. (BNA) was founded in 1929 by newsman David Lawrence as a subsidiary of ''United States Daily'', now known as the ''U.S. News & World Report''. BNA's first publication was U.S. Patent, Trademark & Copyright Reports (now United States Patent Quarterly). In 1946, Lawrence sold BNA to five of his top edi ...
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ...
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Sierra Club V
Sierra (Spanish for "mountain range" or "mountain chain" and "saw", from Latin '' serra'') may refer to the following: Places Mountains and mountain ranges * Sierra de Juárez, a mountain range in Baja California, Mexico * Sierra de las Nieves, a mountain range in Andalusia, Spain * Sierra Madre (other), various mountain ranges ** Sierra Madre (Philippines), a mountain range in the east of Luzon, Philippines * Sierra mountains (other) * Sierra Nevada, a mountain range in the U.S. states of California and Nevada * Sierra Nevada (Spain), a mountain range in Andalusia, Spain * Sierra de San Pedro Mártir, a mountain range in Baja California, Mexico * Sierra Maestra, a mountain range in Cuba Other places Africa * Sierra Leone, a country located on the coast of West Africa Asia * Sierra Bullones, Bohol, Philippines Europe * Sierra Nevada National Park (Spain), Andalusia, Spain * Sierra Nevada Observatory, Granada, Spain North America * High Sierra Trail, Ca ...
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Standing (law)
In law, standing or ''locus standi'' is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations: * The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. In informal terms, a party must have something to lose. The party has standing because they will be directly harmed by the conditions for which they are asking the court for relief. * The party is not directly harmed by the conditions for which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued exi ...
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Case Or Controversy Clause
The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review: a bar on the issuance of advisory opinions, and a requirement that parties must have standing. In this context, "controversy" means an actual dispute between the parties. Summary First, the Court has held that the clause identifies the scope of matters which a federal court can and cannot consider as a case (i.e., it distinguishes between lawsuits within and beyond the institutional competence of the federal judiciary), and limits federal judicial power only to such lawsuits as the court is competent to hear. For example, the Court has determined that this clause prohibits the issuance of advisory opinions (in which no actual issue exists but an opinion is sought), and claims where the appellant stands to gain only in a generalized s ...
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Preliminary Injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict". "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers."'' Nken v. Holder''556 U.S. 418, 428 (2009) (citation and internal quotation marks omitted). A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Rationale The injunction is an equitable remedy that was created by the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the requ ...
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Neil Thomas Proto
Neil Thomas Proto (born September 4, 1945) is an American lawyer, teacher, lecturer, and author. He chaired Students Challenging Regulatory Agency Procedures (SCRAP) as a law student. He served in the Appellate Section of the Environment and Natural Resources Division in the U.S. Department of Justice. During the administration of President Jimmy Carter, he served as general counsel to the President's Nuclear Safety Oversight Committee. Proto was appointed a visiting lecturer at Yale University in 1988 and 1989. Since 1990, while in private practice in Washington, DC, he has been an adjunct professor at Georgetown University's McCourt School of Public Policy. In 2010, he was elected a Fellow of the Royal Geographical Society of London. In 2016, his one-person play, ''The Reckoning, Pecora for the Public'', premiered in Seattle. Early life and education Proto was born in New Haven, Connecticut, to Matthew and Celeste Proto. Both parents were active in New Haven's civic and po ...
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John F
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died ), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (died ), one of the twelve apostles of Jesus Christ * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pope Jo ...
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George Washington Law School
The George Washington University Law School (GW Law) is the law school of George Washington University, a private research university in Washington, D.C. Established in 1865, GW Law is the oldest law school in Washington, D.C. GW Law has an alumni network that includes notable people within the fields of law and government, including the former U.S. Attorney General, the former U.S. Secretary of the Interior, foreign heads of state, judges of the International Court of Justice, ministers of foreign affairs, a Director-General of the World Intellectual Property Organization, a Director of the CIA, members of U.S. Congress, U.S. State Governors, four Directors of the FBI, and numerous Federal judges. History 19th century The George Washington University Law School was founded in the 1820s but closed in 1826 due to low enrollment. The first two professors were William Cranch, chief justice of the Circuit Court for the District of Columbia and William Thomas Carroll, a desce ...
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Henry M
Henry may refer to: People and fictional characters * Henry (given name), including lists of people and fictional characters * Henry (surname) * Henry, a stage name of François-Louis Henry (1786–1855), French baritone Arts and entertainment * Henry (2011 film), ''Henry'' (2011 film), a Canadian short film * Henry (2015 film), ''Henry'' (2015 film), a virtual reality film * ''Henry: Portrait of a Serial Killer'', a 1986 American crime film * Henry (comics), ''Henry'' (comics), an American comic strip created in 1932 by Carl Anderson * "Henry", a song by New Riders of the Purple Sage Places Antarctica * Henry Bay, Wilkes Land Australia *Henry River (New South Wales) *Henry River (Western Australia) Canada * Henry Lake (Vancouver Island), British Columbia * Henry Lake (Halifax County), Nova Scotia * Henry Lake (District of Chester), Nova Scotia New Zealand * Lake Henry (New Zealand) * Henry River (New Zealand) United States * Henry, Illinois * Henry, Indiana * Henry, Nebras ...
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Edmund Muskie
Edmund Sixtus Muskie (March 28, 1914March 26, 1996) was an American statesman and political leader who served as the 58th United States Secretary of State under President Jimmy Carter from 1980 to 1981, a United States Senator from Maine from 1959 to 1980, the 64th governor of Maine from 1955 to 1959, and a member of the Maine House of Representatives from 1946 to 1951. He was the Democratic Party's nominee for vice president in the 1968 presidential election. Born in Rumford, Maine, he worked as a lawyer for two years before serving in the United States Naval Reserve from 1942 to 1945 during World War II. Upon his return, Muskie served in the Maine State Legislature from 1946 to 1951, and unsuccessfully ran for mayor of Waterville. Muskie was elected the 64th governor of Maine in 1954 under a reform platform as the first Democratic governor since Louis J. Brann left office in 1937, and only the fifth since 1857. Muskie pressed for economic expansionism and instated envi ...
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Vietnam War
The Vietnam War (1 November 1955 – 30 April 1975) was an armed conflict in Vietnam, Laos, and Cambodia fought between North Vietnam (Democratic Republic of Vietnam) and South Vietnam (Republic of Vietnam) and their allies. North Vietnam was supported by the Soviet Union and China, while South Vietnam was supported by the United States and other anti-communist nations. The conflict was the second of the Indochina wars and a proxy war of the Cold War between the Soviet Union and US. The Vietnam War was one of the postcolonial wars of national liberation, a theater in the Cold War, and a civil war, with civil warfare a defining feature from the outset. Direct United States in the Vietnam War, US military involvement escalated from 1965 until its withdrawal in 1973. The fighting spilled into the Laotian Civil War, Laotian and Cambodian Civil Wars, which ended with all three countries becoming Communism, communist in 1975. After the defeat of the French Union in the First Indoc ...
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