§Why CasetextPricing

Hudson v. Jewell et al

MOTION for Summary Judgment

40 Cited authorities

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

    467 U.S. 837 (1984)   Cited 16,006 times   500 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,518 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

  3. Food & Drug Administration v. Brown & Williamson Tobacco Corp.

    529 U.S. 120 (2000)   Cited 1,499 times   40 Legal Analyses
    Holding that Congress had not yet empowered the FDA to regulate tobacco products

  4. King v. Burwell

    574 U.S. 988 (2015)   Cited 667 times   40 Legal Analyses
    Holding that Congress did not delegate health insurance policy to Internal Revenue Service

  5. Morton v. Mancari

    417 U.S. 535 (1974)   Cited 1,352 times   9 Legal Analyses
    Holding that the Indian Commerce Clause empowers Congress to “single Indians out as a proper subject for separate legislation.”

  6. Skidmore v. Swift Co.

    323 U.S. 134 (1944)   Cited 3,741 times   66 Legal Analyses
    Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"

  7. Morton v. Ruiz

    415 U.S. 199 (1974)   Cited 906 times   1 Legal Analyses
    Holding that “[t]he power of an administrative agency to administer a congressionally created and funded program necessarily requires the formulation of policy and the making of rules to fill any gap left, implicitly or explicitly, by Congress” but noting that “[n]o matter how rational or consistent with congressional intent a particular decision might be, [such decision] cannot be made on an ad hoc basis ...”

  8. County of Oneida v. Oneida Indian Nation

    470 U.S. 226 (1985)   Cited 475 times   1 Legal Analyses
    Holding that federal common law, not state law, governed Indian tribes' damage claims

  9. McClanahan v. Arizona State Tax Comm'n

    411 U.S. 164 (1973)   Cited 637 times
    Holding that state taxes are not applicable to Indians on reservations absent congressional consent

  10. U.S. v. Amer. Trucking Ass'ns

    310 U.S. 534 (1940)   Cited 1,666 times   1 Legal Analyses
    Finding the purpose of the statute should be followed when the literal words would be at odds "with the policy of the legislation as a whole"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,220 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 20,406 times   183 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,038 times   23 Legal Analyses
    Granting judicial review of "agency action"

  14. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,737 times   69 Legal Analyses
    Adopting the definition set out in the APA

  15. Section 461 - Transferred

    25 U.S.C. § 461   Cited 423 times   1 Legal Analyses
    Prohibiting allotment of reservation lands to individual Indians

  16. Section 476 - Transferred

    25 U.S.C. § 476   Cited 382 times   2 Legal Analyses
    Proving that tribal constitutions may “prevent the sale, disposition, lease, or encumbrance of tribal lands, interests in lands, or other tribal assets without the consent of the tribe”

  17. Section 5123 - Organization of Indian tribes; constitution and bylaws and amendment thereof; special election

    25 U.S.C. § 5123   Cited 40 times
    Recognizing tribe's "inherent sovereign power to adopt governing documents under procedures other than those specified" in section 16

  18. Section 5101 - Allotment of land on Indian reservations

    25 U.S.C. § 5101   Cited 39 times   1 Legal Analyses

    On and after June 18, 1934, no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian. 25 U.S.C. § 5101 June 18, 1934, ch. 576, §1, 48 Stat. 984. EDITORIAL NOTES CODIFICATIONSection was formerly classified to section 461 of this title prior to editorial reclassification and renumbering as this section. STATUTORY NOTES AND RELATED SUBSIDIARIES SHORT TITLE OF

  19. Section 5125 - Acceptance optional

    25 U.S.C. § 5125   Cited 6 times
    Authorizing the Department to call special elections

  20. Section 478a - Transferred

    25 U.S.C. § 478a   Cited 3 times

    25 U.S.C. § 478a EDITORIAL NOTES CODIFICATIONSection 478a was editorially reclassified as section 5127 of this title.

  21. Section 81.22 - How is the Secretarial election conducted?

    25 C.F.R. § 81.22   Cited 12 times

    The Secretarial Election Board: (a) Uses the list provided in the tribal request as the basis for the Eligible Voters List; (b) Assembles and mails the Secretarial Election Notice Packet at least 30 days, but no more than 60 days, before the date of the Secretarial election to all persons on the Eligible Voters List; (c) Confirms that registration forms were received on or before the deadline date; (d) Retains the completed registration form as part of the record; (e) Develops the Registered Voters

  22. Section 81.2 - When does this part apply?

    25 C.F.R. § 81.2   Cited 1 times

    (a) This part applies only to federally recognized tribes, in the circumstances shown in the following table. If a tribe wants to . . . And . . . (1) Adopt a new governing document to reorganize under Federal statute The Federal statute requires an election before or after Secretarial approval. (2) Adopt a new governing document to reorganize outside Federal statute The governing document requires approval under the Secretary's general authority to approve. (3) Amend or revoke a governing document

  23. Section 81.7 - What technical assistance will the Bureau provide after receiving a request for election?

    25 C.F.R. § 81.7   Cited 1 times

    After receiving a tribal request for election under § 81.6 , the Bureau will provide the following technical assistance. (a) The Local Bureau Official will review and make a recommendation on the proposed document or amendment, prepare background information on the tribe, and submit to the Authorizing Official. (b) The Authorizing Official must do all of the following: (1) Review the proposed document or amendment and offer technical assistance to the tribe (and spokesperson, for petitions); (2)