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Students and Parents for Privacy et al v. United States Department of Education et al

MEMORANDUM

78 Cited authorities

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

    463 U.S. 29 (1983)   Cited 6,658 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]'"

  2. Washington v. Glucksberg

    521 U.S. 702 (1997)   Cited 2,652 times   5 Legal Analyses
    Holding that there is no fundamental right to physician-assisted suicide

  3. Davis v. Monroe County Bd. of Educ.

    526 U.S. 629 (1999)   Cited 1,961 times   32 Legal Analyses
    Holding that the plaintiff sufficiently alleged actionable sexual harassment where her minor daughter suffered "objectively offensive touching" that amounted to "criminal sexual misconduct"

  4. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,978 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"

  5. Califano v. Sanders

    430 U.S. 99 (1977)   Cited 4,293 times   4 Legal Analyses
    Holding that "the APA is not to be interpreted as an implied grant of subject-matter jurisdiction to review agency actions"

  6. Gebser v. Lago Vista Independent School District

    524 U.S. 274 (1998)   Cited 1,640 times   16 Legal Analyses
    Holding that a school's failure to follow a Title IX regulation "d[id] not itself constitute 'discrimination’ under Title IX"

  7. Reno v. Flores

    507 U.S. 292 (1993)   Cited 1,748 times   2 Legal Analyses
    Holding that, in the immigration context, minors aged sixteen or seventeen are not "too young or too ignorant to exercise" their right to make a revocable waiver of a removal or deportation hearing

  8. Safford Unified Sch. Dist. # 1 v. Redding

    557 U.S. 364 (2009)   Cited 452 times   5 Legal Analyses
    Holding that a strip search of a student by school officials is "categorically distinct" and "requir[es] distinct elements of justification on the part of school authorities for going beyond a search of outer clothing and belongings"

  9. Perez v. Mortg. Bankers Ass'n

    575 U.S. 92 (2015)   Cited 281 times   33 Legal Analyses
    Holding that Paralyzed Veterans of Am. v. D.C. Arena L.P., 117 F.3d 579 (D.C. Cir. 1997), is not consistent with the APA

  10. Trudeau v. Federal Trade Com'n

    456 F.3d 178 (D.C. Cir. 2006)   Cited 890 times
    Holding APA § 702's waiver applies to claims against an agency for nonmonetary relief regardless of whether the challenged agency action constitutes "final agency action" subject to review under APA § 704

  11. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,530 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  12. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,411 times   37 Legal Analyses
    Adopting the definition given in Section 551

  13. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,101 times   25 Legal Analyses
    Granting judicial review of "agency action"

  14. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,769 times   69 Legal Analyses
    Adopting the definition set out in the APA

  15. Section 2251 - Sexual exploitation of children

    18 U.S.C. § 2251   Cited 4,694 times   40 Legal Analyses
    Relating to child pornography

  16. Section 1681 - Sex

    20 U.S.C. § 1681   Cited 4,390 times   80 Legal Analyses
    Referencing application of Title IX prohibitions to school admissions

  17. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,276 times   31 Legal Analyses
    Granting judicial review over " final agency action"

  18. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,102 times   148 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  19. Section 500 - Administrative practice; general provisions

    5 U.S.C. § 500   Cited 599 times   12 Legal Analyses

    (a) For the purpose of this section- (1) "agency" has the meaning given it by section 551 of this title; and (2) "State" means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. (b) An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to

  20. Section 1682 - Federal administrative enforcement; report to Congressional committees

    20 U.S.C. § 1682   Cited 231 times
    Providing that a federal agency may terminate funding only after it "has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means"

  21. Section 106.41 - [Effective until 8/1/2024] Athletics

    34 C.F.R. § 106.41   Cited 163 times   12 Legal Analyses
    Stating that a school may "sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport"

  22. Section 106.33 - Comparable facilities

    34 C.F.R. § 106.33   Cited 43 times   16 Legal Analyses

    A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex. 34 C.F.R. §106.33 45 FR 30955, May 9, 1980, as amended at 85 FR 30579, May 19, 2020

  23. Section 106.37 - Financial assistance

    34 C.F.R. § 106.37   Cited 37 times
    Providing that recipients that award athletic scholarships must do so with a view toward reasonable opportunities for such awards to members of both sexes

  24. Section 106.32 - Housing

    34 C.F.R. § 106.32   Cited 9 times   2 Legal Analyses
    Permitting schools to provide “separate housing on the basis of sex ” as long as the housing is “proportionate” and “comparable”