最近(2015/2016) 美國 行政判例의 動向 및 分析 硏究

The 2015 term of the Supreme Court of the United States began October 5, 2015 and concluded October 1, 2016. The United States Supreme Court, in its 2015 to 2016 term, addressed many diverse issues, ranging from abortion and birth control to election issues. This article notes the issues of administrative law cases that were addressed by the United States Supreme Court in its 2015 to 2016 term. In Heffernan v. City of Paterson, Court held that fact that officer’s supervisors were mistaken about officer’s involvement in mayoral campaign did not bar his suit. Kingdomware Technologies, Inc. v. U.S., Court held that: exception to mootness doctrine, for controversies that are capable of repetition yet evading review, was applicable, and Department is not excused from complying with Rule of Two, even if Department has already met its annual goals for awarding contracts to veteran-owned small businesses, and even if an order is placed through Federal Supply Schedule (FSS). In Simmons v. Himmelreich, Courts held that the FTCA’s judgment bar provision does not apply to cases that are based on the performance of a discretionary function. In Sheriff v. Gillie, Court held that use of OAG’s letterhead did not offend FDCPA’s general prohibition against false or misleading representations; use of OAG’s letterhead did not offend FDCPA’s specific prohibition against falsely representing that communication was authorized, issued, or approved by state. In McDonnell v. U.S. Court held that setting up a meeting, talking to another official, or organizing an event or agreeing to do so, without more, does not fit the definition of “official act,” for purposes of the federal bribery statute. In Ross v. Blake, Court held that a court may not excuse an inmate’s failure to exhaust administrative remedies prior to bringing suit under the PLRA, even to take “special” circumstances into account. In U.S. Army Corps of Engineers v. Hawkes Co., Inc., Court held that determination marked consummation of Corps’ decisionmaking process; determination gave rise to direct and appreciable legal consequences; discharging fill without a permit was not an adequate alternative to judicial review under Administrative Procedure Act (APA); and applying for a discharge permit and then seeking review in event of an unfavorable decision was not an adequate alternative. In Green v. Brennan, Court held that the 45–day clock for a federal employee’s constructive discharge claim under Title VII begins running only after the employee resigns and the 45-day limitations period started to run when the employee gave the Postal Service notice of his resignation. In Sturgeon v. Frost, Court held that land within conservation system units in Alaska may be treated differently from other federally managed preservation areas across country.