36 Cited authorities

Elrod v. Burns
427 U.S. 347 (1976) Cited 4,216 times 7 Legal Analyses
Holding that local government could not constitutionally base public employment opportunities on political affiliation or nonaffiliation
University of Texas v. Camenisch
451 U.S. 390 (1981) Cited 3,081 times 4 Legal Analyses
Holding that "the question whether a preliminary injunction should have been issued . . . is moot . . . [where] the terms of the injunction . . . have been fully and irrevocably carried out."
McCarthy v. Madigan
503 U.S. 140 (1992) Cited 1,833 times 2 Legal Analyses
Holding that a prisoner was not required to exhaust the Bureau of Prisons' administrative procedure before making a Bivens claim for money damages
Jones v. Commissioner of Social Security
336 F.3d 469 (6th Cir. 2003) Cited 4,568 times
Holding that an ALJ appropriately disregarded a physician's conclusion when there was no "objective medical evidence" supporting the physician's medical assessment
Free Enterprise Fund v. Public Company
561 U.S. 477 (2010) Cited 537 times 87 Legal Analyses
Holding unconstitutional tenure provisions protecting executive officer, but concluding "the existence of the Board does not violate the separation of powers"
Judulang v. Holder
565 U.S. 42 (2011) Cited 361 times 7 Legal Analyses
Holding that an irrational application of a statute is arbitrary and capricious
Darby v. Cisneros
509 U.S. 137 (1993) Cited 545 times 2 Legal Analyses
Holding that the APA’s judicial review statute "explicitly requires exhaustion of all intra-agency appeals mandated either by statute or by agency rule," but does not "require litigants to exhaust optional appeals as well"
Overstreet v. Lexington-Fayette Urban County
305 F.3d 566 (6th Cir. 2002) Cited 1,326 times 4 Legal Analyses
Holding that this Court "will not consider arguments raised for the first time on appeal unless our failure to consider the issue will result in a plain miscarriage of justice"
Certified Restoration Dry Cleaning v. Tenke
511 F.3d 535 (6th Cir. 2007) Cited 798 times 4 Legal Analyses
Holding that a preliminary injunction hearing is required only "when there are disputed factual issues, and not when the issues are primarily questions of law"
Michigan Coalition v. Griepentrog
945 F.2d 150 (6th Cir. 1991) Cited 664 times
Holding that an injunction is not appropriate where the purported injuries are not "certain and immediate" but are merely "speculative or theoretical"
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 22,385 times 87 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 701 - Application; definitions
5 U.S.C. § 701 Cited 9,362 times 36 Legal Analyses
Adopting the definition given in Section 551
Section 1997 - Definitions
42 U.S.C. § 1997 Cited 2,445 times 2 Legal Analyses
Requiring exhaustion of "such administrative remedies as are available"
Section 1099b - Recognition of accrediting agency or association
20 U.S.C. § 1099b Cited 51 times 6 Legal Analyses
Requiring the accreditor to assess the institution's curricula, faculty, physical facilities, fiscal stability, student services, program length, degrees offered, and history of student complaints
Section 602.25 - Due process
34 C.F.R. § 602.25 Cited 13 times
Requiring same
Section 602.26 - Notification of accrediting decisions
34 C.F.R. § 602.26 Cited 3 times
The agency must demonstrate that it has established and follows written procedures requiring it to provide written notice of its accrediting decisions to the Secretary, the appropriate State licensing or authorizing agency, the appropriate accrediting agencies, and the public. The agency meets this requirement if the agency, following its written procedures- (a) Provides written notice of the following types of decisions to the Secretary, the appropriate State licensing or authorizing agency, the

Lincoln Memorial University Duncan School of Law v. American Bar Association (TV1)

36 Cited authorities

Holding that local government could not constitutionally base public employment opportunities on political affiliation or nonaffiliation

Holding that "the question whether a preliminary injunction should have been issued . . . is moot . . . [where] the terms of the injunction . . . have been fully and irrevocably carried out."

Holding that a prisoner was not required to exhaust the Bureau of Prisons' administrative procedure before making a Bivens claim for money damages

Holding that an ALJ appropriately disregarded a physician's conclusion when there was no "objective medical evidence" supporting the physician's medical assessment

Holding unconstitutional tenure provisions protecting executive officer, but concluding "the existence of the Board does not violate the separation of powers"

Holding that an irrational application of a statute is arbitrary and capricious

Holding that the APA’s judicial review statute "explicitly requires exhaustion of all intra-agency appeals mandated either by statute or by agency rule," but does not "require litigants to exhaust optional appeals as well"

Holding that this Court "will not consider arguments raised for the first time on appeal unless our failure to consider the issue will result in a plain miscarriage of justice"

Holding that a preliminary injunction hearing is required only "when there are disputed factual issues, and not when the issues are primarily questions of law"

Holding that an injunction is not appropriate where the purported injuries are not "certain and immediate" but are merely "speculative or theoretical"

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

Adopting the definition given in Section 551

Requiring exhaustion of "such administrative remedies as are available"

Requiring the accreditor to assess the institution's curricula, faculty, physical facilities, fiscal stability, student services, program length, degrees offered, and history of student complaints

Requiring same