§Why CasetextPricing

Career College Association v. Duncan et al

MOTION for Summary Judgment and Supporting Memorandum of Law

64 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,238 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,020 times   502 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  3. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,634 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  4. Hall St. Assocs., L.L.C. v. Mattel, Inc.

    552 U.S. 576 (2008)   Cited 1,963 times   60 Legal Analyses
    Holding that Federal Arbitration Act provides "exclusive" grounds for vacatur or modification of arbitration award

  5. Citizens United v. Fed. Election Comm'n

    558 U.S. 310 (2010)   Cited 1,590 times   72 Legal Analyses
    Holding that disclaimer and disclosure requirements are subject to exacting scrutiny

  6. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,432 times   101 Legal Analyses
    Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims

  7. Fed. Commc'ns Comm'n v. Fox Television Stations, Inc.

    556 U.S. 502 (2009)   Cited 1,043 times   21 Legal Analyses
    Holding that agencies may not change their policies "sub silentio "

  8. TRW Inc. v. Andrews

    534 U.S. 19 (2001)   Cited 1,187 times   9 Legal Analyses
    Holding a cardinal principal of statutory interpretation is that “no clause, sentence, or word shall be superfluous, void, or insignificant”

  9. Whitman v. American Trucking Assns., Inc.

    531 U.S. 457 (2001)   Cited 1,090 times   27 Legal Analyses
    Holding that Chevron deference is due only to a " reasonable interpretation made by the administrator of an agency"

  10. Mullane v. Central Hanover Tr. Co.

    339 U.S. 306 (1950)   Cited 10,309 times   19 Legal Analyses
    Holding that due process requires a hearing "appropriate to the nature of the case"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,443 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 401 - Qualified pension, profit-sharing, and stock bonus plans

    26 U.S.C. § 401   Cited 1,972 times   126 Legal Analyses
    Authorizing defined contribution plans for the benefit of employees

  14. Section 1070 - Statement of purpose; program authorization

    20 U.S.C. § 1070   Cited 328 times   2 Legal Analyses
    Authorizing federal assistance for students attending covered schools

  15. Section 1001 - General definition of institution of higher education

    20 U.S.C. § 1001   Cited 179 times   16 Legal Analyses

    (a) Institution of higher education For purposes of this chapter, other than subchapter IV, the term "institution of higher education" means an educational institution in any State that- (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of section 1091(d) of this title; (2) is legally authorized within such State to provide a program of

  16. Section 1094 - Program participation agreements

    20 U.S.C. § 1094   Cited 162 times   10 Legal Analyses
    Requiring educational institutions to "develop plans to effectively combat the unauthorized distribution of copyrighted material" in exchange for federal funds

  17. Section 1085 - Definitions for student loan insurance program

    20 U.S.C. § 1085   Cited 87 times
    Defining "guaranty agency" as "any State or nonprofit private institution or organization with which the Secretary has an agreement under section 1078(b) of this title."

  18. Section 1002 - Definition of institution of higher education for purposes of student assistance programs

    20 U.S.C. § 1002   Cited 41 times   3 Legal Analyses
    Denying financial aid to for-profit schools that derive more than 90% of their revenue from Title IV funds

  19. Section 1099a - State responsibilities

    20 U.S.C. § 1099a

    (a) State responsibilities As part of the integrity program authorized by this part, each State, through one State agency or several State agencies selected by the State, shall- (1) furnish the Secretary, upon request, information with respect to the process for licensing or other authorization for institutions of higher education to operate within the State; (2) notify the Secretary promptly whenever the State revokes a license or other authority to operate an institution of higher education; and

  20. Section 668.71 - Scope and special definitions

    34 C.F.R. § 668.71   Cited 16 times   3 Legal Analyses

    (a) If the Secretary determines that an eligible institution has engaged in substantial misrepresentation, the Secretary may- (1) Revoke the eligible institution's program participation agreement, if the institution is provisionally certified under § 668.13(c) ; (2) Impose limitations on the institution's participation in the title IV, HEA programs, if the institution is provisionally certified under § 668.13(c) ; (3) Deny participation applications made on behalf of the institution; or (4) Initiate

  21. Section 600.9 - State authorization

    34 C.F.R. § 600.9   Cited 6 times   14 Legal Analyses

    (a) (1) An institution described under §§ 600.4 , 600.5 , and 600.6 is legally authorized by a State if the State has a process to review and appropriately act on complaints concerning the institution including enforcing applicable State laws, and the institution meets the provisions of paragraphs (a)(1)(i), (a)(1)(ii), or (b) of this section. (i) (A) The institution is established by name as an educational institution by a State through a charter, statute, constitutional provision, or other action