Legal Opinion

Motion Picture Association of America, Inc. v. Ralph Oman

Court of Appeals for the D.C. Circuit

Decided July 14, 1992No. 91-5005PublishedCited by 57 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The Motion Picture Association of America (MPAÁ) asked the Copyright Office to engage in a retroactive rulemaking. The Office promulgated the requested regulation, but refused to apply it retroactively. On MPAA’s complaint, the district court found in favor of the Office for a very basic reason. In adjudication, retroactivity is the norm; in legislation it is the exception. In rulemaking, the administrative analogue to legislation, exceptions are fewer still. Agency power is derived from statutes. If Congress has…

2Cases cited16 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  3. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
  4. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  5. Kaiser Aluminum & Chemical Corp. v. BonjornoSupreme Court of the United States · 1990

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3Cited by57 opinions

  1. Health Cost Controls of Illinois, Inc. v. Valerie WashingtonCourt of Appeals for the Seventh Circuit · 1999
  2. Oldham v. Korean Air Lines Co., Ltd.Court of Appeals for the D.C. Circuit · 1997
  3. Kaseman v. District of ColumbiaDistrict Court, District of Columbia · 2004
  4. In Re Guardianship of DuckettMississippi Supreme Court · 2008
  5. Wyatt v. Syrian Arab RepublicCourt of Appeals for the D.C. Circuit · 2012

52 more not listed; retrieve them via the Exa API.

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